Reflections On The ‘Quasi-Federal ’ Democracy

Context: To succeed, Indian democracy needs imaginative federal craftsmanship and sensitive political management.

About democratic federalism

• Federalism is a system of government in which the same territory is controlled by two levels of government.
  • Generally, an overarching national government is responsible for broader governance of larger territorial areas, while the smaller subdivisions, states, and cities govern the issues of local concern.
• Democratic federalism ensures equality & coordination between and among the units and the Centre through subordination to the sovereign constitution.
  • Their disputes adjudicate by an independent judiciary with impeccable professional and moral credibility.
• India’s “Quasi-federal” system: “Centralized state with some federal features”. It is based on the colonial ‘1935 Act’ which initiated ‘provincial autonomy’ & constitutionalism through
  • Renaming “Provinces” to autonomous “States”.
  • Transferring all “Reserved Powers” to popular governance.
  • Constitutionally dividing powers between the two tiers.
  • Inserting federalism in the Preamble.
  • Parts 3 and 4 containing citizens’ “Fundamental Rights” and “Directive Principles”.

Challenges before Indian federalism

• Breakdown of parliamentary culture due to increased legislative disruptions. Eg. Rajya Sabha in monsoon session witnessed a record number of adjournments & use of marshals.
• New dimensions of inter-State conflict: Assam and Mizoram cross-border police firing which resulted in fatalities and an embargo on goods trade and travel links.
• New instruments of mass surveillance and coercion such as usage of Pegasus & fake videos (Deep fakes).
• Criminalisation of politics: Over 30% of legislators are with criminal records & courtrooms turning into gang war zones.
• Bias in constitutional division of power & resources: Which is heavily skewed in favour of Centre with “Residual”, “Concurrent” and “Implied” powers.
  • Absence of States’ Right to integrity due to unilateral alteration of  State boundaries and creation of  new States by Centre.
• Most of the critical instruments of national governance with Centre, and States left with politically controversial subjects such as law and order and land reforms.
  • Usage of Extra-constitutional devices by the center such as Prime Minister Office (PMO) to bypass the federal institutions.
• Structural Challenges such as the appointment of Governors, All India Services & Judiciary.
  • Higher judicial appointments promotion and transfers are the responsibility of the center but their operations are becoming increasingly controversial.
  • Governors are appointed by the Centre based on political patronage, transforming this constitutional authority of a federal “link” to one of a central “agent” in the States.
• Representative deficit of Parliament: Due to Westminster system of ‘winner-take-all which continues to elect majority parties and governments with a minority of electoral votes. Further
  • Populous states have a more demographic vote in Rajya Sabha.
  • Joint Sessions skewed towards Lok Sabha.
• Absence of federal chamber to politically resolve conflicts: Rajya Sabha represents the states but due to political & financial patronage and with no residential qualification to be its member it became breeding ground for failed politicians.

Conclusion: Indian federalism, needs institutional amendments & professionalism  to become democratically federal.