Governmental Affairs or National Politics
Indian federalism, as described by Ivor Jennings, is a federation with a strong centralizing tendency. This was evident in the recent controversy surrounding the implementation of farm laws in 2020.
The Union Government enacted the Farmers' Produce Trade and Commerce (Promotion and Facilitation) Act, the Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, and the Essential Commodities (Amendment) Act without adequate involvement or agreement from the majority of the states. Some states, like Punjab and Haryana, strongly opposed these laws.
Despite agriculture being primarily a state subject under the Indian Constitution, the Union Government bypassed the states' consent and legislative processes. Several states passed resolutions or laws opposing or seeking to nullify these farm laws, but the Union insisted on nationwide implementation. This disregard for state autonomy in agriculture-related matters reflects a pattern of coercive federalism.
The Union Government also deployed central agencies and police forces in states to sustain the enforcement of these laws amid widespread protests, indicating a use of coercion to override state-level dissent.
This case epitomizes coercive federalism where the central power imposes its will on states against their preferences, weakening cooperative federalism and the constitutional balance between Union and States.
India's federal system, established by the Constitution, is a dual polity consisting of the Union at the Centre and the states at the periphery, each endowed with sovereign powers. The division of powers is defined by Article 246 read with the 7th Schedule. In normal times, Indian federalism is a federal state and becomes unitary only in abnormal times, according to Dr B.R. Ambedkar.
However, there are instances of increased centralization with less concurrence of state governments in policy-making. The abrogation of Article 370 downgraded Jammu & Kashmir into Union Territories, and the frequent dismissal or replacement of Governors undermines the autonomy of state governments.
The Indian model of federalism is based on the Canadian model, but it is considered Sui Generis, meaning it is unique and not following the rigidity of the US federal polity. The Supreme Court has ruled that federalism is a basic feature of the Constitution, and there are provisions for the resolution of disputes between states, the sharing of resources, and cooperation in matters of mutual interest.
However, the farm laws controversy illustrates a departure from this cooperative federalism, with the central power asserting its will over the states, weakening the constitutional balance and the spirit of federalism.
[1] Sources: Various academic and news articles on Indian federalism and the farm laws controversy.
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