Monthly Archives: February 2022

In the premises of the National Conference head office at Nawai Subah, security forces usually hang their garments to dry over festoon flags of Kashmirs grand old party. Office-bearers of the party say they dont ask the forces to remove these clothes. We feel hurt, but cant do anything about it. After the revocation of Article 370, regional parties are facing an onslaught. It is sad to see our flag being covered with underwear, pyjamas and shirts. If we say anything, BJP might make it a national security issue, says Imran Nabi Dar, spokesperson of the party, with a straight face.

But what does this act by the Indian security forces have to do with the larger debate on Indian federalism, and Jammu and Kashmirs position within it? To start with, it reflects the sense of powerlessness prevailing among regional political parties as well as the people of J&K.

ALSO READ: State Of The Union: How Centre-State Ties Have Fractured Over Time

On August 5, 2019, when the BJP government abrogated Article 370 amid a military siege, a communication blackout and the arrests of thousands, including three former chief ministers, the relationship of J&K with the Centre changed dramatically. Earlier, the state had a separate constitution. Now, as a Union Territory, Jammu, Kashmir and Ladakh had become separate territories under the Indian Constitution. Earlier, regional parties sought autonomy and self-rule, but now they fear to raise any such issue. There are now widespread rumours that political leaders of the states regional parties are being coerced to join other parties.

Since 1950, Kashmirs politics had revolved around the political issue of Kashmir and its resolution. National Conference would repeatedly talk of restoring autonomy to J&K as the lasting solution to the issue. Since August 9, 1953, when Sheikh Mohammad Abdullah was arrested, and J&K was relegated from an autonomous state within the Indian Union having its own PM and President, to a status equivalent to that of any other state within the Indian union, NC has been seeking restoration of the long-lost autonomy, with Article 370 acting as its bedrock. On June 26, 2000, the J&K assembly created ripples across the country, when, with Farooq Abdullah as chief minister, it passed an autonomy resolution with a voice vote.

There is democracy In other states, where Elections are held on time. But There is no federalism in case of J&K, says Harsh Dev Singh of the Panthers Party.

Prior to contesting elections in 1996, Abdullah had promised greater autonomy to the people. In 1996, there were around 6,000 to 7,000 militants operating in J&K, with no political party ready to contest polls, when Dr Abdullah jumped into the fray. Later, speaking on the autonomy debate in 1999, he had said, No one, including the NC, was ready to take up the challenge of elections then. But we were assured by New Delhi on autonomy, so we jumped into the electoral fray, putting at risk not only our lives, but also those of lakhs of people. After the resolution was passed, copies of it were handed over to the Intelligence Bureau and the Centre. However, the then NDA government rejected the resolution.

ALSO READ: Is Indian Federalism Reeling Under Burden Of One-Party Dominance?

Meanwhile, since its foundation in 1999, PDP has acted as a quasi-separatist party while seeking self-rule for J&K. Yet, in spite of their rhetoric, PDP formed the government with BJP in 2015, with Mufti Mohammad Sayeed as the chief minister, followed by his daughter Mehbooba Mufti after his death.

Now, both NC and PDP have filed petitions in the Supreme Court challenging the revocation of Article 370 and seeking restoration of statehood by giving up slogans of autonomy and self-rule.

ALSO READ: Federalism And The Idea Of Regionalism

Despite raging conflict and insurgency, J&K under Article 370, which governed the Centres relationship with Jammu and Kashmir and was seen as an essential facet of Indias federalism, was enjoying its fruits. Constitutional experts and political parties in the state, especially NC and PDP, would always describe Article 370 as a tunnel through which the Constitution of India is applied in Kashmir. In 2014, NC vice president Omar Abdullah famously said Article 370 is the only link between J&K and the rest of India.

It must be said here that Jammu and Kashmir was not the only state enjoying special status in matters of land and identity. Under Article 371A, Nagaland also enjoys a special status, and no act of Parliament is automatically extended to Nagaland in matters of religious or social practices, ownership and transfer of land and resources, unless the state legislative assembly takes a call on it. In spite of Article 370, industrialists from across the country could get land on 90-year lease in J&K. Now, political parties in the Ladakh UT are seeking full statehood for their region, along with Article 371A like guarantees.

ALSO READ: Punjab Haunted By The Past It Wants To Forget

GoIs agenda of undermining and trampling the spirit of federalism started with J&K, Mehbooba tells Outlook. Never in Indian history was a state demoted to a UT and robbed of its special status. More so, in a conflict region, centralised rule with an iron fist and obliterating the middle ground of mainstream parties is fraught with danger. Alarm bells for regional and opposition parties should ideally have rung in 2019 itself, when Article 370 was abrogated, says the former CM.

But perhaps the opposition didnt anticipate that this model would be replicated in other states too. Whether it was expanding the BSFs jurisdiction in Punjab and West Bengal, or the rude behaviour of BJP-appointed governors in opposition-ruled states, it is clear these are all a follow-up to what was done in Kashmir, she adds.

ALSO READ: Size Matters: Why Tiny Goa Needs To Be Heard More Often

While Mehbooba calls the abrogation of Article 370 on August 5, 2019 the root cause of the disempowerment of the people of J&K, many academics feel the former state hasnt enjoyed the fruits of Indian federalism right since 1950.

Professor Siddiq Wahid, former vice-chancellor of Islamic University of Science and Technology at Awantipora, says India has never seriously dealt with the idea of regionalism or federalism. You wont find the word federal anywhere in the Constitution of India! he says.

The reason for this is that at the time of independence, neither the domestic leadership nor foreign powers were confident that the new nation would survive. The fear of break-up was expressed by the use of the term fissiparous tendencies. This fear introduced a biaswhich still existsagainst giving regions their due. And now it has become habituated. The fate of J&K is an extreme example of this fear, but if you examine Indias post-Independence history, you will note that centralisation has always been the thrust of New Delhis agenda, Prof Wahid says.

ALSO READ: Renegotiating Indias Federal Compact

He adds that New Delhi is willing to decentralise power in states by breaking up larger ones, such as forming Chhattisgarh, Uttarakhand and Telangana, but it has never been willing to decentralise the powers of the Centre. Specific to J&K, and in particular where it concerns us in Kashmir, the Government of India has whittled away at the first contract it formed with usthe Delhi Agreement of 1952which was contravened the very next year (1953) with Sheikh Abdullahs arrest. So, Delhi has always been insincere with promises contained in things like Article 370 or the accommodation of Article 35A, while Kashmiris have been naive.

He adds that this reality will never be admitted by an Indian nationalist, be they liberal or Hindutva. It is this foundational insincerity, of which all political parties at the Centre have been guilty, that has led to a collapse of trust between Delhi and Srinagar, he says.

ALSO READ: Right In The Centre: The New Power Structure In Dilli Durbar

Right now, fear and a sense of disempowerment prevails across both Kashmir and Jammu. But it is predominantly within the political class. Speaking at her Fairview residence on Gupkar Road earlier this week, Mehbooba reflected on the mood within regional parties. Since the abrogation of Article 370, everyday life is being made complicated for people. Every other day, orders are issued to usurp even those rights of the people of J&K that they were enjoying under the Indian Constitution, Mehbooba says. It has become difficult to figure out who is the worst sufferer in Kashmir. You chose any fieldpoliticians, journalists or the youtheveryone is being made to suffer. It is the only place where journalists are made to flee, she says.

NC spokesperson Imran Nabi Dar says J&K was not the only place enjoying some guarantees under Article 370. We were given rights by the Constitution of India. They took those away by locking us in jails, lock, stock and barrel, Dar says. Federalism in J&K can only be rescued by the Supreme Court. Let it hear petitions challenging Article 370. We believe the court will restore Article 370 and with it, confidence in federalism not just in J&K, but across the country, says Dar. The majority of the people in J&K, though, are sceptical. In J&K, people are being treated like insects. There is no hope. There is fear everywhere. Nobody is talking. It has been almost four years since the assembly was dissolved, we still dont have elections, says former minister and Panthers Party leader Harsh Dev Singh. In other states, there is democracy. Elections are held on time. We have a proxy rule in J&K. There is no federalism when it comes to J&K, says Singh.

(This appeared in the print edition as "State of Exception in Paradise")

Centre-State Relations: Has The Concurrent List Outlived Its Utility

Mumbai Muddle: Why Maharashtra And Delhi Are Frequently At Loggerheads

How Dravidian Politics Acts As Bulwark Against Centralism

Ladakh Battling Centralisation To Save Identity Culture

How Regional Parties Are Becoming The Voice Of Small Communities

Manipurs Love-Hate Relations With Delhi

The Coalition Instinct: Bihars Manual Of Survival

Shifting The Goalposts: A Young Politicians Battle To Save Goa And Its Way Of Life

Naseer Ganai in Srinagar

The rest is here:

Constitutional Federalism: State Of Exception In The Paradise Of Kashmir - Outlook India

Just before 10 am on May 30 last year, my phone was set abuzz with messages about an extraordinary Statement to the People of Goa that had just been posted on Twitter by Dr. Palanivel Thiaga Rajan, the brand-new finance minister of Tamil Nadu. Switching screens to look, I found myself stunned, then chortling aloud with surprise and amusement. Id never read anything like it before. Many others went on to agree. A few days later, no less than Shashi Tharoor tweeted, Im delighted to say that in the annals of contemporary Indian political invective, this statement by @ptrmadurai has not been bettered.

PTRas he is often referred to by the publicposted his message two days after attending his first-ever meeting of the GST Council. Soon after the gathering, Goas notably hapless transport minister Mauvin Godinhowho represented Indias smallest statetried to grandstand and rally support for himself by alleging he was insulted by his counterpart: Thiaga Rajans case is that since he comes from a big state, he should have a bigger vote. Its like saying, I am the big brother, you shut up. I take strong offence to the way he conducted himself and expressed himself in the GST Council. I want [Tamil Nadu chief minister] Stalin to condemn his minister, and make him apologise.

ALSO READ: State Of The Union: How Centre-State Ties Have Fractured Over Time

In the normal scheme of things, everyone would have ignored Godinho as usual. But PTR responded directly in public, headlining his statement with two declarations: The hallmark of character is consistency in ones principles, even at a cost, and then, rather hilariously, Empty vessels make the most noise. He continued, I generally do not respond to noises emanating from sources that are unworthy of response. But I make this exception for two reasons. First, to counter the baseless lies uttered by Goas transport minister, stating that I have insulted the people of Goa and asking my leader & chief minister to condemn my behaviour during a press conference. Second, and more important, the whole nation of India should know how such individuals impact the quality and output of the GST Council.

With charmingly quirky syntax, the debutant minister explained that the One State = One Vote model of GST is fundamentally unfair and The Dravidian movement has long advocated local self-government as the logical extension of our core principle of self-respect and self-determination. As such, we are ALWAYS for states rights, and a truly federal governance model that devolves powers from the Union government to the lowest level practical. PTR clarified that every statement I made during the entire meeting was entirely consistent with these two principles. Even when the principle resulted in loss of future revenue to Tamil Nadu.

Goa may be infinitely smaller and less populous than Tamil Nadu, but both are dwarfed by the oceanvast forces that have embroiled India in its contemporary predicament.

Now the MLA from Madurai Central switched gears: The only question arising from your transport ministers press conference is whether he is limited in comprehension, in honesty, or both. But I am sure you are aware of his history and have drawn your own conclusions before this incident. If doubt lingers, I add that he was vociferously, and repeatedly, against lowering the GST on Covid-related drugs & vaccines from 5 per cent to 0 per cent on humanitarian grounds I found his statements during the meeting to be highly repetitive, largely vacuous, hectoring, mostly redundant to others inputs, supercilious, and devoid of the basic courtesy of assuming good faith in the comments of other states ministers. He spoke for many times the length of inputs from the honble minister from Uttar Pradesh, a state of over 20 crore citizens, and indeed EVERY other state. I leave to the public to decide whether that serves India, and democracy, well.

ALSO READ: Is Indian Federalism Reeling Under Burden Of One-Party Dominance?

He ended with this unerring coup de grce: I have no need to apologise to the people of Goa, for I have done you no harm. In fact, I have strongly advocated for your state governments rights. I do not require or expect any thanks for that, as my position was dictated by my principles of strengthening states rights & federalism with enhanced devolution. But I do offer you my sincere condolences, for having such a person as your minister. I also charge the honble CM of Goa with perpetrating a misdemeanour on Goas citizens, and the GST Council, by nominating him to represent your beautiful state. Finally, I sincerely request the BJP, even across the political divide, to impose some minimal quality control on its MLA acquisition procedure. If it had done so, Goa, and the nation would be saved a lot of pain.

Within minutes of being posted, this statement had social media ablaze with approval. The response from Goa was especially overwhelming, in part because the state was in the midst of suffering the worst throes of the second wave of Covid-19 infections, with dozens of unfortunate residents succumbing everyday due to flagrant mismanagement of oxygen. Just a couple of days afterwards, having waded in to try and reduce casualties and being thwarted by sheer inertia, the state high court issued an unprecedented apology, saying, We are very sorry. We failed collectively. We owe an apology to the people. Later on, talking about the unmitigated disaster, BJPs own governor Satya Pal Malik (he was eventually transferred to Meghalaya) admitted, There was corruption in everything the Goa government did [regarding the pandemic]. I probed the matter and informed the prime minister about it. Today people are scared to speak the truth in the country.

ALSO READ: Federalism And The Idea Of Regionalism

In this cesspool of misgovernance, PTRs statement was a thunderclap of clarity that resonated deeply with Goas beleaguered populace. They responded with unanimous appreciation, and, after dozens of requests, I finally wrote an open letter on behalf of the consensusit was signed from the people of Goain the century-old O Heraldo newspaper, once the longest-running Lusophone daily outside Brazil and Portugal. In those storied pages, by channelling sentiments being expressed all around me, and as a kind of homage to the tone and tenor of PTRs remarkable communiqu, I wrote to him that You should know it has been greatly dismaying for us, for many years, that Goas political cadre machinates almost exclusively in opaque, inexplicable and often indefensible ploys. Thus, you have done an excellent service by describing how your counterpart from Indias smallest state was vociferously, and repeatedly, against lowering the GST on Covid-related drugs and vaccines from 5 per cent to nil, on humanitarian grounds.

I also included this caveat: Please note the implications of Babasaheb Ambedkars unwavering dictum that rights for minorities should be absolute rights and should not be subject to any consideration as to what another party may like to do. He was speaking for all communities confronted by majoritarianism. Here it would be useful to remember that Goa may be infinitely smaller and less populous than Tamil Nadu, but both are dwarfed by the oceanvast forces that have embroiled India in its contemporary predicament. And this plea: You should know there is nigh-unanimous approval being expressed for your unusual, very welcome comments directed directly to the people of Goa, and the remarkable truth-telling therein. We are convinced the people of your great state are lucky to have you fighting for their interests. We hope that you will keep ours in mind as well.

ALSO READ: Punjab Haunted By The Past It Wants To Forget

This back and forth was joyously received in both parts of the country. I suddenly got 400 new Twitter followers from Tamil Nadu, most of whose bio details included the tell-tale DMK catchphrase, of Dravidian stock. Meanwhile in Goa, the response was overwhelming relief. Finally, there was at least one political leader who had an inkling of our plight, and it didnt really matter that his constituency is over 1,000 km away from our state borders. Looking back now, PTR tells me via email that I was indeed surprised to hear of how my letter was received in Goa, a place I have long admired but never visited in my life. At first, I chalked it down to the uniquely poor track record of the individual involved (Godinho). But I think there may be a larger rationale.

Tamil Nadu CM M.K. Stalin announced he was launching an All India Federation for Social Justice, made up of leaders of depressed classes from all the states.

That larger rationale is, of course, federalism. PTR and my public exchange was conducted in the spirit of interstate dialogue, which is so rare now that one respondent on Twitter actually called it a good beginning for our political-economic democracy. This is because, ever since 1947but with particularly egregious strong-arm tactics since the Modi-Shah combine rose to what seems like almost unlimited power in New Delhi in 2014the Centre has continually and relentlessly abrogated the means and channels of national communication for itself, closely mimicking the colonial apparatus that preceded it in power. Alexander Hamilton warned of precisely this in his all-important Federalist Papers, published in 1788: You must first enable the government to control the governed; and in the next place, oblige it to control itself. And as PTR put it succinctly in Outlook Business earlier this month, We are much less of a federal country than either the capitalist America or the communist China.

ALSO READ: Renegotiating Indias Federal Compact

Over email, he elaborated, Devolution of powers is infinitely greater in both the US and China. In the US, everything from policing to school administration is down to the village/town/city. Sales taxes are set ONLY by states and counties. Even income taxes are set by states and cities. In China, the local authority issues licences for industrial production. Cities run their own police forces. Banking licenses are only issued by the provinces. This devolution of powers ensures three superior outcomes relative to India: greater self-determination; policy and programme customisation to suit local areas needs/demands; and greater accountability because local elected representatives can be held to account by voters, much more than national officials.

PTR says, I believe many countries get federalism rightChina, US, Australia, Switzerland (even in this tiny country, immigration rules are set by the canton). India is the country that gets it absolutely wrong. And the consequences are devastating, when considering the scale of India, and the authoritarianism of the current regime. This is the crux of his argument: We do need to create an alternative narrative to the strongman narrative, which is the fast-track to fascism. But the reality is that the authoritarian model is simply incapable of delivering results, because Indias scale and complexity cannot be managed in that manner. So, the danger is that we are on the way to economic ruin and social strife, and the vicious circle of using divisions to distract from gross economic/growth/job failures will accelerate the destruction of value built up over seven decades as a democracy.

ALSO READ: Right In The Centre: The New Power Structure In Dilli Durbar

This is an inescapable analysis, with tremendous resonance for South India, as well as all the other statesthe entire north-east region comes to mindwhich are generally badly served by an imperial Centres focus on interests that are very different from theirs. Certainly, PTRs analysis reads like gospel truth in Goa, where grotesque servility to the Modi-Shah combine has become the most basic political currency. This explains why, on the campaign trail, when chief minister Pramod Sawant was asked which other CM he admired, he knew there was only one correct answer no matter how much it horrified his own voters. Pat it came: Yogi Adityanath. Similarly, there can be no surprise when the perennially bumbling Mauvin Godinhowho was in the Congress before being strong-armed into the BJP by Manohar Parrikar in 2016spares no bootlicking extreme in ostensible devotion to his Vishwaguruall important presidents and prime ministers are quoting Modiji. Why? Because he has got that leadership!

Does he, though? And by repeating it more and more loudly, while genuflecting even more slavishly, will it become so? Can an entire country be successfully bludgeoned into assent? Here, its important to acknowledge that Tamil Nadu and PTRs DMK provide an alternativeand highly persuasiveidea of federation that could easily gain enough traction to be an epochal course correction for India. Late last month, chief minister Stalin announced he was launching an All India Federation for Social Justice, made up of leaders of depressed classes from all the states on his partys Dravidian model of everything for everyone. His unspoken promise: our government works relatively well in Tamil Nadu, and everyone else deserves the same.

ALSO READ: Centre-State Relations: Has The Concurrent List Outlived Its Utility

PTR told me, The notion of inter-state cooperation is as old as the country. Wiser men than our current leaders created the Council of States, which has effectively been dismantled. It needs to be revived. The long run of coalition governments at the Union level may have dulled the need for such a forum. Both multi-state parties (I wont call them national because NO party really has a nationwide presence), but much more so the BJP than the Congress, may see their own organisations as a substitute for such a councilbut they are not. The trend towards cult leadership across all parties is also antithetical to the notion of inter-state dialogue. I think it is crucial for democracy that much more of this happens, frequently and regularly.

(This appeared in the print edition as "Eye of the Thiaga")

(Views expressed are personal)

Mumbai Muddle: Why Maharashtra And Delhi Are Frequently At Loggerheads

How Dravidian Politics Acts As Bulwark Against Centralism

Constitutional Federalism: State Of Exception In The Paradise Of Kashmir

Ladakh Battling Centralisation To Save Identity Culture

How Regional Parties Are Becoming The Voice Of Small Communities

Manipurs Love-Hate Relations With Delhi

The Coalition Instinct: Bihars Manual Of Survival

Behind The Veil: Why Muslim Students Are Fighting For Hijab

Shifting The Goalposts: A Young Politicians Battle To Save Goa And Its Way Of Life

Diary | How The Pandemic Disrupted A Teenagers World

Vivek Menezes is a writer and photographer, and co-founder of the goa Arts+literary festival

Continued here:

Size Matters: Why Tiny Goa Needs To Be Heard More Often - Outlook India

On February 2, Congress leader Rahul Gandhi sparked outrage when he slammed the BJP, claiming that the party cannot see India as its kingdom because it is a union of states. Gandhi emphasised the necessity of cooperative federalism, claiming that India has only been ruled through dialogue for decades. Amit Malviya, the in-charge of the BJPs national information and technology department, took to Twitter shortly after, to say that the Congress MPs claim that it was not a nation but a union of states was very problematic and dangerous. He claimed that the Congress leader hasnt comprehended the Constitution.

The furore over federalism has also reignited an old debate around the distribution of legislative, executive and administrative powers between the Centre and states and the much-contested Concurrent List in the backdrop of the farm laws, NEET exams and health sector, among others. It is pertinent to mention that the Concurrent List includes subjects of common interest to both the Union and state governments. Education, including technical, medical, universities, population control and family planning, criminal law, animal cruelty prevention, wildlife, animal protection, and forests, are topics on the Concurrent List. The Concurrent List lists 52 items found in the Seventh Schedule of the Indian Constitution. Union List, State List, and Concurrent List are the three lists that make up the legislative sector. However, education was earlier the states responsibility and put in the Concurrent List only during the Emergency (1975-1977).The NEET (National Eligibility cum Entrance Test conducted for granting admission in medical UG seats of India) has once again taken centre stage in Tamil Nadu with a high-pitched campaign for the urban local body elections centred around the Concurrent List. NEET has been a sensitive issue in the southern state since 2013 when all medical entrance tests were merged into a single national-level examination. The Tamil Nadu government had formed the Justice A.K. Rajan Committee to investigate the impact of NEET on medical admissions in the state. According to the report, NEET has obviously damaged socio-economic representation in MBBS and further medical studies, favouring primarily the wealthy.

The findings of the report also says that NEET harms Tamil-medium and students from rural backgrounds, government schools, students whose parents annual income is less than Rs 2.5 lakh. Also adversely affected are students from the Most Backward Classes, Scheduled Castes, and Scheduled Tribes. Tamil Nadus healthcare system will be seriously damaged if NEET is not abolished, and there may not be enough doctors to be posted at primary health centres or government hospitals. The rural and urban poor may not be able to enrol in medical courses, the report mentions.

The furore over federalism has also reignited an old debate around the distribution of legislative, executive and administrative powers between the Centre and states and the much-contested Concurrent List.

NEET became a burning electoral issue in Tamil Nadu after Governor R.N. Ravi returned the governments Bill in the assembly to abolish NEET from the state earlier this month. One of the main focuses of the All India Anna Dravida Munnetra Kazhagam (AIADMK) campaign is the continuation of the NEET exam against the DMKs assurance of nixing it. During his virtual campaigns, chief minister M.K. Stalin has been spending quite some time refuting the claim made by leader of the Opposition Edappadi K. Palaniswami that NEET was implemented by the UPA government of which DMK was a part. Can Palaniswami show me one exam centre in Tamil Nadu where NEET was held during the previous DMK rule? Stalin asked, noting that the examination was only introduced in the state when Palaniswami was the chief minister. Former chief minister and AIADMK coordinator O. Panneerselvam has said that NEET is a problem that the DMK cannot solve. The Bill is merely a token gesture.

Commenting on the issue, Professor Faizan Mustafa, vice chancellor of Nalsar University of Law, says that the Bill on exemption of NEET by the Tamil Nadu government is merely a political statement and that practically it cannot pass the scrutiny of law. Constitutionally, education is on the Concurrent list, both the state and central government can form laws around it. However, if there is a dispute between the laws, the Centre can override the state law under Article 254, Mustafa tells Outlook.

Nevertheless, the Constitution also gives powers to the state under section 254(2) to bypass the Centre. It states that if the central legislation and a state statute are both on the same Concurrent List subject and have contradictory provisions, the President may approve the state law. In this case, even if the governor forwards the states Bill to the President, he will not approve it in consultation with the central government; hence the Bill passed by Tamil Nadu against NEET exams is merely a political statement, Prof. Mustafa adds.Earlier, the year-long farmers protest against three controversial laws introduced by the central government had also stoked a debate around the legal validity of the legislations. The laws were challenged in the Supreme Court before the government succumbed to pressure from the agitation and withdrew the three laws.

National parties want to strengthen the Concurrent List so that the Centre has a maximum hold over states. But in my view, there should be no Concurrent List, says KCR.

Earlier, there was talk about a Central government proposal to put agriculture under the purview of the Concurrent list before the Parliament passed the farm laws. On May 5, 2015, the government had told the Lok Sabha that the National Commission of Farmers (Swaminathan Commission) had recommended agricultural market to be added to the Concurrent List. However, the proposals had made it clear that foodstuffs under Entry 33 of the Concurrent List do not provide Parliament with the jurisdiction to legislate on agricultural markets. Nevertheless, the government told the Lok Sabha on March 27, 2018, that it had no plans to add the term agricultural market to the Concurrent List. Later, In September 2020, the President approved the contentious farm bills that the Parliament approved into laws.

More recently, there have also been talks about bringing health under the Concurrent List. In 2020, a high-level group constituted for the health sector by the 15th Finance Commission has recommended that health be moved from the State List to the Concurrent List. In a report given to the Finance Commission, the panel stated that health should also be on the concurrent list because medical education and family planning matters fall under the same.

Public health and related matters, such as dispensaries and hospitals, are currently the responsibility of the states under the Indian Constitutions Seventh Schedule. Preventing infectious and contagious diseases from spreading from one state to another, on the other hand, is included in the concurrent list. In practice, the Centre has always taken an active role in influencing public health policies. The Centre establishes national standards and a governance framework for issues, which are later implemented by the states.

In March 2021, the 15th Finance Commission chairman N.K. Singh said that health should be moved to the Concurrent List under the Constitution, and a developmental finance institution (DFI) specialised in healthcare investments should be established. Singh said that increasing government expenditure on health to 2.5 per cent of GDP by 2025 should be a fundamental commitment of all States, with primary healthcare receiving at least two-thirds of such investment. The demand for health to be put under concurrent list gained momentum in the aftermath of the second wave of Covid-19 in 2021, when the health system crumbled in the country and states allegedly failed in dealing with the pandemic.

Amid all this, there are also demands from a section of politicians to abolish the Concurrent List altogether. After being re-elected as chief minister of Telangana in 2018, K. Chandrashekar Rao made it clear that his partys victory meant working for a new non-Congress, a non-BJP national consortium of regional parties. And that he would push for further state autonomy, suggesting complete abolition of the Concurrent List. National parties want to strengthen the Concurrent List so that the Centre has a maximum hold over states. But, in my view, there should be no Concurrent List, and state governments should be able to decide what is best for their states, he had said.

However, experts believe that doing away with the Concurrent List would not strengthen the states but cause chaos. Venkatesh Nayak, a transparency activist and legal expert with the Commonwealth Human Rights Initiative, believes that the states and the Centre work together on many subjects. And its not just about making or implementing legislation but also about generating enough resources to implement them. What KCR said after his victory in 2018 is not very new. Similar demands have existed since non-Congress governments were formed in states like Karnataka, Andhra Pradesh and Jammu and Kashmir. Then N.T. Ramarao, Ramakrishna Hegde and others had floated a front for decentralising power. What KCR is suggesting does not seem very practical. There are issues and subjects where states and the Centre work together. All states cannot generate enough resources to implement the infrastructure for everything without support from the central government, Nayak explains.

(This appeared in the print edition as "The Sacred List")

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Centre-State Relations: Has The Concurrent List Outlived Its Utility? - Outlook India

In 1991, when the then chief minister Mulayam Singh Yadav was wiped out by the BJP in the assembly elections in Uttar Pradesh, many political analysts had started writing the political obituary of the patriarch. But the seasoned and wily politician that he is, Mulayam Singh bounced back spectacularly. He formed his own outfit, the Samajwadi Party, in 1992 and a year later, contested elections in alliance with BSP to oust the BJP from power. Mulayam forming his own outfit was not an isolated incidentthe writing on the wall was clear. We needed to go beyond the established communities, says C.P. Rai, the then general secretary of SP. In the Indian federal structure, the time has arrived when smaller groups will manifest their power.

The SP leaders social engineering ensured a rainbow coalition as he wooed leaders of diverse castes and communities, recalls Rai. One such leader was Gulab Sehraa Congress leader, a two-term Dalit MLA and the leader of opposition. When Mulayam asked Sehra to join SP, Rai was the man who persuaded the Dalit leader to switch sides. And when Mulayam became the CM, he took Sehra on his official plane to Agra. The awakening after the Mandal Commission was harvested mainly by Yadavs and Kurmis in UP. But federalism had space for other smaller groups and castes. I persuaded Mulayam to appoint Sunder Singh Baghel as Ferozabad unit president of SP. He later went on to become minister. Today, Baghel is a very enlightened community in the Agra region, Rai adds.

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The churning in Indian politics and society and the caste arithmetic of leaders like Mulayamand Laloo Prasad Yadav in Biharhad seen the emergence of smaller population groups to assert their claims over the political space. This in turn gave birth to smaller regional parties, sometimes representing minuscule communities often ignored or subsumed by larger political groupings. Though their populations varied from a meagre one to seven per cent, these groups were driven by the simple thumb rulethey may not win, but no one will without their support. Election Commission data show that the number of smaller parties had reached over 300 in 2017 compared to a double-digit number in 1989.

Mohammad Sajjad, a Professor at Aligarh Muslim University, sums up the trend succinctly. Formation of smaller parties which are community- and sub-region-based is a direct manifestation of the unique federal structure of India. This reflects division of power. When these social groups do not get the desired result from larger parties, they turn towards formation of their own party, he says. Numbers are important in a federal structure. Each vote counts and in government-formation, the number of MLAs/MPs becomes crucial. Due to the federal structure, these groups have significance in small regions owing to their proportionate numbers. But often their aspirations are not fulfilled as their leaders turn it into dynasty politics, so they turn towards another party, headed by another leader among them, he adds. However, Sajjad is also of the opinion that the same federal structure which gives rise to smaller parties, will soon see the next stage of class solidarity depending on the economic status of the regionthe demand for smaller states or autonomous areas.

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Professor Afroz Alam of Maulana Azad National Urdu University, Hyderabad, has another theory for the emergence and success of regional parties. As we know, federalism is all about division of power between the Centre and states. This division of power is articulated prominently when the states are ruled by regional parties. In recent years, the creative manipulation of national parties to centralise power and dictate the terms to states has increased. The arbitrary style of working of national ruling parties while sidelining the local/regional interests is creating more fault lines for federalism to succeed, he says. As a result, India is witnessing thousands of minor/regional parties getting involved in the electoral process, putting serious competitive pressure on the dominant national parties and on occasion, influencing electoral outcomes with their consolidated social bases.

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He points to the realignment of social groups for the ongoing assembly elections in Uttar Pradesh, reflected in the pre-electoral alliances between mainstream parties and constituency-specific minor parties. For instance, the BJP has allied with Apna Dal and Nishad Party while the SP allied with SBSP, RLD etc. Similar is the case in other states, he adds.

The arbitrary style of working of national ruling parties while sidelining regional interests is creating more fault lines for federalism to succeed. Afroz Alam, Professor Maulana Azad National Urdu University, Hyderabad

Social transformation

The birth of caste-centric small parties also has much social impact. The backward castes and even Dalits had their share of tall leaders in the past. Many of them enjoyed influence in bigger parties. However, often the party projected them just as a face of a particular group without devolution of power. It was assumed that highlighting these faces was equivalent to giving representation to a particular community.

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A more visible and rapid social transformation began after 1989 when the Congress was ousted from power in Uttar Pradesh. The leaders who had influence over their communities started expanding their bases. This is also due to a social awakening among their community and educated youth articulating their grievances more forcefully. The bigger parties realised that the time for dialogue had arrived. One of the best examples is of former bandit Phoolan Devi, who was taken into Samajwadi Party by Mulayam Singh Yadav and later given the party ticket for contesting the Lok Sabha polls. As she became an MP, her backward Mallah community rallied behind her in a big way. Such was her influence that she was invited as a guest to Akhilesh Yadavs marriage with Dimple, where she blessed the couple. On her death, even Mulayam Singh and late Amar Singh were present during her funeral. After her death, some of her supporters formed the Phoolan Sena to galvanise the community. Till date, she remains an icon for her community.

Another example of a community asserting itself is the emergence of the Nishads as a political force. Once represented by the Nishad Army headed by Arvind alias Raja Nishad, the community now has political representation through the NISHAD party headed by Dr Sanjay Nishad in UP and the Vikassheel Insan Party headed by Mukesh Sahni in Bihar. Political and social awareness has come to most of the communities. We see it as a good thing. All communities should have their leaders and parties. Ours is a social organisation, we aim at good representation and raising the voice of our community. We are no more ornamental pieces, Raja Nishad says.

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The glass ceiling has broken. These communities which were satisfied by getting representation in bigger political parties do not shy away from talking directly to these parties. They have dialogue, their demands and want their share of the bigger political pie. The NISHAD party is presently an ally of BJP in UP. Social media too has a role in projecting these smaller parties. The youths are now armed with smartphones and openly highlight the achievements of their community, even if it is about someone becoming a high-ranking official, a celebrity or a political leader. The awareness and the medium to spread words has been instrumental in making these communities aware of the importance of their votes.

(This appeared in the print edition as "Small Is Powerful")

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(The writer is a Lucknow-based senior journalist)

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How Regional Parties Are Becoming The Voice Of Small Communities - Outlook India