Federalism & Cooperative Federalism with concepts, constitutional provisions, examples, commissions, challenges and recent trends for Civil Services Exams in 26

Federalism & Cooperative Federalism with concepts, constitutional provisions, examples, commissions, challenges and recent trends for Civil services Exams in 26

1. Meaning of Federalism

Federalism refers to a system of government in which power is divided between Union and State governments by the Constitution, with autonomy in their respective spheres.

📌 Key Features of a Federal System

• Written Constitution
• Division of Powers
• Dual Government
• Independent Judiciary
• Bicameral Legislature (mostly)
• Supremacy of Constitution

2. Federal Features of the Indian Constitution

Though India is often described as a Quasi-Federation, it contains strong federal features:

✔ Dual Polity

• Union Government
• State Governments

✔ Division of Powers (7th Schedule)

• Union List (List I) – 100 subjects (Defense, Foreign Affairs, Atomic Energy)
• State List (List II) – 61 subjects (Police, Agriculture, Public Order)
• Concurrent List (List III) – 52 subjects (Education, Forests, Marriage)

✔ Written Constitution

• Provides structural clarity

✔ Supremacy of Constitution

• All laws must conform to Constitution

✔ Independent Judiciary

• Supreme Court is the interpreter and guardian

✔ Bicameralism

• Rajya Sabha represents states at Union level

3. Unitary Features (Why India is Called “Quasi-Federal”)

India also has unitary characteristics, including:

✔ Single Constitution
✔ Single Citizenship
✔ All India Services (IAS, IPS, IFoS)
✔ Integrated Judiciary
✔ Emergency provisions
✔ Governor appointed by the President
✔ Parliament can alter state boundaries

These unitary features help national integration, administrative flexibility, & crisis management.

4. Constitutional Provisions Linking Federalism

Articles:

• Art. 1: India is a Union of States
• Art. 245–255: Legislative relations
• Art. 256–263: Administrative relations
• Art. 268–293: Financial relations
• Art. 280: Finance Commission
• Art. 352, 356, 360: Emergency provisions

5. Cooperative Federalism — Concept

Cooperative Federalism means coordination, cooperation, and collaboration between the Union and States to achieve common national goals.

It recognizes that:

“Neither the Union nor the States alone can tackle complex socio-economic challenges.”

📌 Cooperative Federalism = Consultation + Cooperation

6. Mechanisms of Cooperative Federalism in India

A) Constitutional Mechanisms

1. Inter-State Council (Art 263)
2. Zonal Councils
3. Finance Commission
4. Goods & Services Tax Council (Art 279A)

B) Institutional Mechanisms

1. Planning Commission (earlier)
2. NITI Aayog (current)
   • Promotes “Team India”
3. Inter-State Water Dispute Tribunals

C) Fiscal Mechanisms

1. Devolution of Taxes
2. Centrally-Sponsored Schemes (CSS)
3. Grants-in-Aid

D) Administrative Instruments

• All India Services (IAS/IPS/IFoS)
• Uniform Criminal & Civil Codes in some areas (IPC, CrPC)

7. Examples of Cooperative Federalism

✔ GST Council

• Equal representation of Centre & States
• Decisions mostly by consensus

✔ NITI Aayog

• Joint decision-making on national policies

✔ Swachh Bharat Mission

• Shared funding & implementation

✔ Aadhaar + DBT integration

• Centre designs, States implement

✔ COVID-19 Management

• Centre issued guidelines (NDMA Act)
• States implemented lockdowns, healthcare

✔ Smart Cities Mission

• Joint financial participation

8. Competitive Federalism (Difference)

India also sees Competitive Federalism, where States compete for:

✔ Investment
✔ Capital flow
✔ Technology
✔ Ease of Doing Business

Example:

• State ranking in Business Reforms Action Plan (BRAP)
• Startup rankings by DPIIT

Difference in one line:

Cooperative = Work together for national goals
Competitive = Compete to achieve better performance

9. Challenges to Federalism in India

From a UPSC mains perspective:

(a) Financial Imbalance

• Centre collects major taxes, States handle expenditure-heavy sectors (health, education)

(b) Governor’s Role

• Allegations of partisanship
• Approval delays in state bills

(c) Article 356 Misuse Debate

• President’s Rule imposition in the past

(d) Centrally Sponsored Schemes

• States demand more flexibility & funds

(e) Inter-State Water Disputes

• Cauvery, Krishna, Ravi-Beas, Mahanadi

(f) Local Body Empowerment

• Weak implementation of 73rd/74th Amendments

10. Steps Strengthening Cooperative Federalism

Recent reforms improving federal balance:

✔ Finance Commission (FC) recommendations:

• 14th FC increased tax devolution to 42%
• 15th FC set it to 41% post J&K reorganization

✔ GST Council functioning

• Consensus-based decisions

✔ NITI Aayog

• Replaced command-and-control Planning Commission

✔ Aspirational District Programme

• Joint Centre-State monitoring

✔ One Nation, One Ration Card

• Portability across states

11. Sarkaria & Punchhi Commission Insights

A) Sarkaria Commission (1983)

Recommended:

• Strengthen Inter-State Council
• Limit Article 356
• Consult CMs in Governor appointment
• More fiscal autonomy

B) Punchhi Commission (2007)

Suggested:

• Strict guidelines for Art 356
• Balanced Centrally Sponsored Schemes
• Clear demarcation in financial sphere
• Redefining Governor’s role

12. UPSC Mains Answer Writing Pointers

You can structure an answer as:

Intro: Define Federalism
Body:

• Constitutional backing (Art 1, 245–263)
• Cooperative federalism mechanisms (GST, NITI, FC)
• Challenges (financial, political, administrative)
  Conclusion: Balanced evaluation + Way forward

13. Way Forward (Good for Conclusion)

India needs:

✔ Strengthening fiscal federalism
✔ Reform of Governor’s office
✔ Empowering Inter-State Council
✔ Rationalizing CSS schemes
✔ Respect for State autonomy
✔ Strengthening 3rd tier (Panchayats & ULBs)

As the Supreme Court observed:
“Federalism is a basic feature of the Constitution.” (SR Bommai Case)

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