Challenges of India's Federalism and Political Alignment
Introduction
The concept of a "double-engine sarkar" suggests harmonious governance between Union and State governments of the same political party, supposedly accelerating development. However, this raises significant constitutional concerns regarding India's federal structure.
Constitutional Framework
- The Indian Constitution envisions a federal structure where the Union and States operate as partners within their respective spheres.
- Public funds collected through national taxation belong to the Union of India, not the ruling party, ensuring equitable distribution regardless of political alignment.
- The Finance Commission, under Article 280, recommends how Union revenues should be shared, based on objective criteria, to prevent politically motivated allocations.
Fiscal Federalism Concerns
- Southern States express concern over the use of recent population data in allocation formulas, potentially penalizing them for successful population control.
- The Union government's increasing use of cesses and surcharges reduces the divisible pool of resources, centralizing fiscal power and weakening State autonomy.
- The Sixteenth Finance Commission faces challenges in addressing these issues to restore faith in fiscal federal arrangements.
Legislative Process and Gubernatorial Delays
- Governors in some States have delayed assent to bills, notably in Tamil Nadu and Kerala, where political opposition to the Centre exists.
- Judicial interventions, such as in the cases of Punjab and Tamil Nadu, affirm that Governors cannot stall legislative processes.
- Delhi's governance disputes highlight issues when federal mechanisms are leveraged against political opponents.
Historical Context and Need for Reform
- Past misuse of Article 356 led to the dismissal of State governments, curtailed by the S.R. Bommai vs Union of India judgment.
- Contemporary challenges require structural reforms beyond judicial intervention, such as binding Finance Commission recommendations and strict timelines for gubernatorial actions.
- Inter-State councils should be revitalized as forums for genuine cooperative federalism.
Conclusion
The "double-engine" metaphor, while useful in election campaigns, implies slower development for States electing "wrong" parties, undermining the constitutional promise of equal citizenship. Development should rest on fair rules and institutions, not political alignment, to maintain India's federal democratic spirit.
Author: S.Y. Quraishi, Former Chief Election Commissioner of India
