The concept of cooperative federalism has been increasingly emphasized in recent years. Critically analyze its working with reference to Indian polity.

Introduction

Granville Austin characterised Indian federalism as “cooperative and competitive,” whereas K.C. Wheare referred to India as a “quasi-federal” polity. Cooperative federalism, in which the central government and the states collaborate to achieve shared objectives, has been proposed as the cornerstone of India’s developing federalism in recent years.

Constitutional and Institutional Basis

India’s federal structure is outlined in the Constitution’s Articles 1 and 246 as well as the Seventh Schedule. Organisations that serve as platforms for Center-State collaboration include the Finance Commission, the Inter-State Council (Article 263), and NITI Aayog. A conscious move towards consultative federalism was signalled by the establishment of NITI Aayog in place of the centralised Planning Commission.

Examples of Cooperation

The most frequently mentioned example of cooperative federalism, in which the federal government and the states jointly decide on taxation, is still the GST Council. While COVID-19 disaster management demonstrated Center-State coordination in health, lockdowns, and vaccination efforts, NITI Aayog encourages consensus-driven policymaking.

Challenges in Practice

Cooperative federalism encounters obstacles in spite of these tools. With disagreements over GST compensation and little state authority in taxes, fiscal centralisation is still present. Friction is frequently caused by political disputes, the function of governors, and the frequent application of Article 356. Cooperation is made more difficult by the differences in resources between resource-dependent states like Bihar and wealthier states like Tamil Nadu.

Contemporary Context

Discussions about “coercive federalism” have been more heated, especially in the wake of the agricultural legislation, the NEET scandals, and increased policymaking centralisation. Concerns have been voiced by Southern states regarding Finance Commission formulae that lower their contribution. The significance of striking a balance between Union and State powers has been emphasised by judicial interventions, such as the NCT of Delhi case (2018).

Critical Perspectives

Since competitive federalism, in which states compete for investment, frequently eclipses cooperation, critics contend that cooperative federalism is more rhetoric than reality. Without stronger inter-governmental mechanisms, the proposal risks remaining symbolic.

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About the Author: Jyoti Verma