As easy as it is to blame successive Union governments for being bullies, it is equally, if not more, important that state governments block and repel centralisation.
COVID-19 has shone light on one of Indias darkest corners that we stoutly refuse to examine the lack of coordination between the governments in India. Nationally relevant policies, be they vaccine procurement, pricing and disbursal, oxygen manufacturing and inter-state supply, GST rates for COVID care resources, trans-state migrating labour, national lockdowns, elections in various states, religious gatherings of multi-state relevance, and more have cried out for planning and coordination across the governments in the country. The absence of it has cost lakhs, perhaps tens of lakhs of lives.
India has many governments; one of them is the Union. Notwithstanding that Parliament was repeatedly truncated or cancelled in the name of COVID-19 (while elections and religious events proceeded simultaneously), it is neither the purview nor expertise of the Parliament to coordinate inter-state relations and implementations. For instance, the formula for vaccine disbursal to states, the lag between requirements and fulfilments, its pricing, or assigning the cost of migrant labour transport, etc., are issues that only governments can claim, plan and coordinate, not legislators. That at least a dozen Chief Ministers, including those of Kerala, Jharkhand, Mizoram, Odisha, Andhra Pradesh, Tamil Nadu, Chhattisgarh, Maharashtra, Punjab, West Bengal, Rajasthan and Delhi, have written to the Union, and some to each other on vaccinations alone, must make it apparent.
Indeed, there emerges even more compelling evidence from the recently concluded GST Council which, stunningly, was not called to order for over 6 months amidst the throes of a pandemic. The Council announced a lowering or waiving of GST rates for certain essential or medical items, decisions delayed till June of 2021, largely due to the breakdown of federal relations in India.
India was formed from and is formed of many governments, and this implies that cross-country governance requires ongoing inter-state planning and coordination. This feature is not unique to India. Most large democracies like the US, Canada, Australia, etc. have many governments provincial ones and a Union. What Australia did, for instance, as soon as the pandemic struck, was to retire its existing Council of Australian Governments, an existing inter-government coordinating body in their federal structure, and create a National Cabinet. It is composed of all Chief Ministers, Premiers, the Prime Minister and even representatives from local bodies. An empowered executive, with select and expert committees and adjunct councils, it decides on federal financial, pandemic-related health, employment, even womens and childrens safety and security, and with a legal framework as buttress.
For doubters asking if Australia or any of the others in a genuine federal partnership between their in-country governments are managing the pandemic better than India, the answer is crystal clear. In a Westminster-style democracy, Indias national and sub-national governments are elected for parties agendas and as on date, India and its states vest their executive powers in close to 40 distinct ruling parties. So the question before us is not if Australia or countries with federal partnerships within are doing better but if India will now manage COVID-19, and indeed the country in general, better if its various governments with distinct agendas plan and coordinate regularly.
While COVID-19 may spotlight the extent of rot of federalism in India, the unequal partnership between the Union and states has cost India through the annals of time. India did set up an Inter-State Council, thanks to the Sarkaria Commission in 1990, to recommend policy on matters of common interests across states and the Union. It met a dozen times until 2017. As per Article 263 of the Indian Constitution, the Inter-State Council is composed of the Prime Minister, who is the Chairperson, Chief Ministers of states and Union Territories and several Union Cabinet Ministers, and cannot be dissolved or re-constituted. In other words, it is extant but defunct, barely meeting once in three years since establishment and not at all during a pandemic that requires intimate partnerships and collaboration.
Also read: Union govt vs Centre: Whats the difference, and why DMK govt is insisting on the former
The problem, of course, goes back to the very establishment of the Union, denying states their sovereignty (unlike in the US) even as it leaned federal. Subsequent purposeful Constitutional amendments, like expanding Concurrent lists, or the GST, have vigorously engendered centralisation. However, the real root of federal rot lies more with states and less with the Union.
Successive, blighted state governments have failed to check Union overreach, which has imposed grave costs on public good. A few states have responded in an enlightened fashion. Tamil Nadu refused to ratify the GST, across both the DMK and the AIADMK, until J Jayalalitha passed. Many states passed resolutions against the Citizenship Amendment Act, and most recently, Mamata Banerjee displayed spirited resistance against her Chief Secretarys transfer. As easy as it is to blame successive Union governments for being bullies, it is equally, if not more important, that state governments block and repel centralisation.
The keys are often in the very structure of the institutions that states have allowed without due diligence. The GST Council has been established with only the Union Finance Minister as Chair, and ability to call for meetings. By any measure, the GST is a multilateral matter, with separate stakeholders, the Union being one. There is no reason why Chairpersonship is not rotated or powers (like calling meetings) are not vested in many or all. In fact, Mumbai city with its mammoth pre-GST Octroi has no say in the Council, and neither does any other local government.
The previous West Bengal Finance Minister, Amit Mitra, chided the Union Finance Minister for failing to convene the GST Council during the pandemic; subsequent reduction in GST rates for life-saving drugs and equipment could have perhaps avoided deaths if they had been considered 6 months prior. The Tamil Nadu Finance Minister, Palanivel Thiagarajan, also recently pointed out that the GST Council has fundamental structural issues of One State, One Vote. Manufacturing states like Gujarat and Maharashtra, whose people are heavily compromised, have been egregious in their historical silence, hence enabling an anti-federal structure.
Ditto with the Finance Commission. For a Constitutional body that divides monies between states and the Union, and across states, the Union is but one stakeholder. However, the Union assumes all powers in appointment of the Commission and issuing of its Terms of Reference (ToR), an inherent bias for a federal body. This is exactly what the Inter-State Council is meant to do; ensure that a ToR is negotiated and balanced.
For India to leapfrog into a developed country, an oft-bandied political rhetoric, the country must first be willing to shed its unitary insecurities, govern via a federal body politic, and defer to local and state governments. As things stand, the Union has too much power on inputs and too little stake in outcomes. The Inter-State Council must be resuscitated, reinvigorated and chartered to represent a federal India. Matters, not only financial but water management, labour, energy, human trafficking and much more, are cross-state matters, which require ongoing conference between states. Intergovernmental cooperation and coordination, yes, but also as much autonomy and agency, given the differences in the social and economic environments across states.
One Nation, Many Governments is the reality of India, and the Union is but one among the many. India must strive for a boring Union and vibrant states and that indeed will be the hallmark of success, replete with subsidiarity, decentralisation and federalism.
Tara Krishnaswamy is the co-founder of Shakti Political Power to Women, a non-partisan grassroots group campaigning for more women MLAs and MPs. She is co-founder of Citizens for Bengaluru, a citizens movement for a sustainable Bengaluru.
- The Meaning Of The Constitution | The Heritage Foundation - November 28th, 2021
- Federalism | CONSTITUTION USA with Peter Sagal | PBS - November 28th, 2021
- Federalism | tutor2u - November 28th, 2021
- How Modis lack of federalism led to failure of farm laws and three other weekend reads - Scroll.in - November 28th, 2021
- Success of NEP 2020 Hinges on Cooperative Federalism, States Taking Ownership of Reforms - News18 - November 28th, 2021
- What does the federal government do? | ShareAmerica - November 25th, 2021
- Federalism is the answer, after all - Part 57 | The Guardian Nigeria News - Nigeria and World News Opinion The Guardian Nigeria News Nigeria and... - November 25th, 2021
- Formation of New Regional States Debunks Myth that the Current Gov't is anti-federalism - Mustafa Mohammed - - Walta Information Center - November 25th, 2021
- Nigeria is a federation in name only, and Buhari is unable to change this - The Africa Report - November 25th, 2021
- SZC: Better ties mooted in spirit of federalism - Devdiscourse - November 15th, 2021
- Punjab Assembly passes resolution against Centres BSF order, calls it insult, violation of the spirit of fe - The Statesman - November 15th, 2021
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- Federalism is the answer, after all - Part 54 Opinion The Guardian Nigeria News Nigeria and World News - Guardian Nigeria - November 9th, 2021
- SCOTUS Skepticism and the Texas Abortion Law - JURIST - Commentary - Legal News & Commentary - JURIST - November 9th, 2021
- National interest demands a strong, impartial CBI. The loss of trust in the agency among opposition ruled stat - The Times of India Blog - November 9th, 2021
- Leave advocates of true federalism, self-determination alone; face banditry, terrorism, Afenifere tells Buhari - Vanguard - October 3rd, 2021
- Federalism is the answer, after all - part 49 - Guardian - October 3rd, 2021
- The Smart Cities Mission is an assault on cooperative federalism - The News Minute - October 3rd, 2021
- I dont believe in 2023 elections -Afenifere leader Adebanjo - Punch Newspapers - October 3rd, 2021
- Federalism is the answer, after all - Part 48 Opinion The Guardian Nigeria News Nigeria and World News - Guardian - September 24th, 2021
- States rights and the Constitution: What rights do states have? | Opinion - Deseret News - September 24th, 2021
- COVID-19 and Federalism in India: Capturing the Effects of State and Central Responses on Mobility - DocWire News - September 24th, 2021
- Opinion/Conley: RI's noble reasons for resisting the Constitution - The Providence Journal - September 24th, 2021
- Federalism and the Single National Curriculum - Geo News - September 10th, 2021
- Federalism is the answer, after all - Part 46 - Guardian - September 10th, 2021
- Have SC's attempts to depoliticise police inadvertently led to a weakening of federalism? - Scroll.in - September 10th, 2021
- What is radical federalism, what would it look like and should Labour back it? - LabourList - September 10th, 2021
- Is the filibuster unconstitutional? | Opinion | murrayledger.com - Murray Ledger and Times - September 10th, 2021
- Federalism is the answer, after all - Part 44 - Guardian - August 28th, 2021
- Some governors are mismanaging COVID and misunderstanding Federalism | TheHill - The Hill - August 28th, 2021
- Formulation of NEP live example of cooperative federalism: Pradhan - Business Standard - August 28th, 2021
- Modis authoritarianism has obliterated precept of federalism as envisaged by founding fathers of Constitution - National Herald - August 28th, 2021
- Just How Long Is the Long Arm of U.S. Jurisdiction? - Bloomberg Law - August 4th, 2021
- The Trump Administration Feuded With State and Local Leaders over Pandemic Response Now the Biden Administr - Governing - August 4th, 2021
- EPA, Army announce next steps for crafting definition of waters of the united states - Water Technology Online - August 4th, 2021
- EPA outlines plan to expand wetland protections - E&E News - August 4th, 2021
- Federalism is the answer, after all - Part 40 Opinion The Guardian Nigeria News Nigeria and World News - Guardian - August 2nd, 2021
- Lawyer Asks N'Assembly to Amend Constitution to Reflect True Federalism - THISDAY Newspapers - August 2nd, 2021
- Puntland turns 23 as it demonstrates a shining example of Somalia's federalism - Garowe Online - August 2nd, 2021
- Gyrgy Schpflin: 'EU Stumbled Up On Its Own Belief System, That More Europe Is The Answer To Everything' Interview - Eurasia Review - August 2nd, 2021
- Gov. Little signs on to pro-life, states' rights amicus brief seeking SCOTUS overrule of Roe v. Wade - Office of the Governor - Governor Brad Little - August 2nd, 2021
- Andrew RT Davies accuses media in Wales of having a 'nationalist agenda' - Nation.Cymru - August 2nd, 2021
- Home - Forum of Federations - July 23rd, 2021
- Federalism upheld, and cooperation - Economic Times - July 23rd, 2021
- Federalism is the answer, after all - Part 39 Opinion The Guardian Nigeria News Nigeria and World News - Guardian - July 23rd, 2021
- Spirit of cooperative federalism is essential for GST to succeed - The Hindu - July 23rd, 2021
- Opinion | Canada's troubles with federalism are hindering progress on vaccine passport - StCatharinesStandard.ca - July 23rd, 2021
- FPJ Edit: It's up to the Centre to live up to its slogan of cooperative federalism and make the new ministry of cooperation a successful agent of... - July 23rd, 2021
- Federalism System - June 30th, 2021
- Federalism in Germany - Wikipedia - June 30th, 2021
- Democracy, Oppn and federalism - Daily Pioneer - June 30th, 2021
- Concepts of Federalism - CliffsNotes - June 30th, 2021
- NYC Ranked Choice Voting Reminds Us Why Federalism Is a Blessing - National Review - June 30th, 2021
- Time for Centre to embrace cooperative federalism for bullet train project? - Economic Times - June 30th, 2021
- Economist Richard Bird was a reservoir of knowledge on public finance - The Indian Express - June 30th, 2021
- Tamil Nadu Governor's speech stresses on state autonomy and federalism - Deccan Herald - June 27th, 2021
- What does the West Bengal chief secretary episode say about India federalism? - The Indian Express - June 24th, 2021
- For civil servants, Alapan Bandyopadhyay case highlights the perils of uncooperative federalism - Scroll.in - June 24th, 2021
- Breakdown of spirit of cooperative federalism at GST Council meetings: Bengal Minister - The Hindu - June 24th, 2021
- Federalism is an issue for the whole of the UK - Morning Star Online - June 23rd, 2021
- Tamil Nadu governors address emphasises on state autonomy and federalism - THE WEEK - June 23rd, 2021
- Covid-19 Nepal: Federalism fared badly as politics and pandemic collided. What next? - Online Khabar (English) - June 23rd, 2021
- BJP cites PM Modis Punjab outreach to laud spirit of cooperative federalism - Hindustan Times - June 23rd, 2021
- 2023: True federalism needed to avoid post-election violence - The Nation Newspaper - June 23rd, 2021
- BBC defends failure to include pro-indy voice on EVEL discussion - The National - June 23rd, 2021
- The ABC of 1963 Constitution - NIGERIAN TRIBUNE - June 23rd, 2021
- With BJP in Delhi, states must find ways to regain autonomy - The Indian Express - June 18th, 2021
- Federalism is the answer, after all - Part 34 | The Guardian Nigeria News - Nigeria and World News Opinion - Guardian - June 18th, 2021
- Only NAssembly can Deal with Issues of Restructuring, Federalism, Says Buhari - THISDAY Newspapers - June 18th, 2021
- An authoritarian regime is assaulting federal principle of Constitution and trampling rights of states - National Herald - June 18th, 2021
- UPU harps on restructuring, true federalism as solution to insecurity - The Nation Newspaper - June 18th, 2021
- Lloyd Omdahl: The United States has outgrown federalism - Grand Forks Herald - June 9th, 2021
- By Upsetting Balance of Federalism, the Centre Is Playing a Dangerous Game - The Wire - June 9th, 2021
- United States has outgrown federalism | Columnists | willistonherald.com - Williston Daily Herald - June 9th, 2021
- Farmers Observe Unity in Federalism - The Citizen - June 9th, 2021
- Authoritarianism and its fragile blend with federalism in the Horn of Africa - Capital FM Kenya - June 9th, 2021
- Has the CPI(M) Forgotten its Strong Federal Roots? - The Wire - June 9th, 2021
- Centre's Tussle With Bengal Over Chief Secretary Reeks of Uncooperative Federalism - The Wire - June 6th, 2021
- How West Bengal CM and chief secretary have undermined federalism - The Indian Express - June 6th, 2021
- A problem called fiery federalism - The Times of India Blog - June 6th, 2021