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Category Archives: Federalism

2024 Lok Sabha Elections: Need to pitch for Federalism and Special Status for Goa – Herald Goa

Posted: April 6, 2024 at 11:40 am

06 Apr 2024 | 05:01am IST A host-friendly tourism and not one where the customer is always king, has to be promoted. There are enough people in the world, who are conscientious and will be sustainable tourism enthusiasts. But for this, the participation of local people in shaping tourism is again absent

Albertina Almeida

What are the concerns that have been articulated by people in Goa in the last five years since the 2019 elections? Many. Have they been addressed? No. They have simply been either bypassed or overlooked in the march towards so-called development.

Whether it is tourism or mining or port development or any development for that matter, it is the stakeholders in the land and the resources, who must have control over what happens with the land. But if we go to see, there is no new legislation does not seek to restore controlling power to the more marginalized sections.

In the family laws of Goa, the management of the properties is the prerogative of the male spouse even if both the spouses are the owners of the marital properties. While tom tomming about Goas Uniform Civil Code, there has been no effort to retract this gender discriminatory provision. On the other hand, the positive aspects of matrimonial property have not been incorporated in Uttarakhands Uniform Civil Code, which is a forerunner of Indias Uniform Civil Code.

Similarly, there has been no effort to bring mining within the control of the local stakeholders. For instance, efforts to allow for mining by a local tribal led cooperative has not only not been encouraged, they have been stymied at every stage. This also holds for tourism where the deeds of a few local taxi drivers have been made a pretext to scapegoat all the taxi drivers, when in fact providing enabling supports to the taxi drivers and recognizing their autonomy was what needed to be foregrounded.

A host-friendly tourism and not one where the customer is always king, has to be promoted. There are enough people in the world, who are conscientious and will be sustainable tourism enthusiasts. But for this, the participation of local people in shaping tourism is again absent. Consulting agencies who have no sense of local ethos or ecology are paid a hefty fee and deployed to develop tourism policies which are completely out of sync with sustainable livelihoods of people and their right to self determination.

But for this we need to clean out the Augean stables that are antithetic to people-centric development and are tainted by incentives from those few who stand to gain huge profits from the unparticipatory development. The electoral bond scam exposed how development and even pandemic treatment were being guided by those who contributed to the ruling alliances lead Bharatiya Janata Party? That can only happen if voters and the media raise all these questions with candidates who come around at election time. As a matter of fact that is happening. When media questioned the BJPs South Goa candidate as to what was her position on double tracking, coal and other issues that South Goa was facing, she simply had no answer apart from stating that positions are preliminary.

That does bring us to the expression of women empowerment that is loosely bandied about. It is not simply that the womens movement had sought reservations for women with special emphasis on the women from the suppressed sections of society. There are enough and more women who have engaged with society and work at the grassroots and would not be alluding to positions as preliminary positions when they are already in the election fray. Womens empowerment cannot be reduced to fielding women candidates in elections as mere tokenism.

Not only has nothing been specially done to empower the marginalized sections, but on the contrary, even the hard won power that was there has been wrested from them. Even acts of people who are political dissenters are being criminalized.

Take the Major Port Authorities Act, 2021. The people having their housing and livelihood in the area that comes within the jurisdiction of the port have been deprived of their power through the gram sabha at the Panchayat or through the Municipality, to take planning decisions, which are now the prerogative of the Mormugao Port Authority. A peek into their website will show how they look at fisherpeople and fishing as an obstacle to development. This kind of perspective does not augur well for the inhabitants and those eking their livelihood within 53 kms out of Goas 160 km coastline.

We must not forget that the Mormugao Port Authority has jurisdiction from Cortalim Jetty to Raj Bhavan, Dona Paula, to the entire coast line of Mormugao Taluka and up to and including Arossim beach and extending and including the coastline on both sides of the Betul beach. The Major Port Authorities Act, 2021, along with the previous consent for nationalization of rivers, as per which six stretches of Goas rivers have been included in the declared waterways under the National Waterways Act, 2016 must be repealed. The candidates must be asked whether they are assuring this.

For peoples power to be retained, both the 73rd and 74th amendments, must be actively implemented. And to boost the same, with small and historico-spatially different states like Goa, there has to be a respect for the difference to the extent that it can pave the way for justice. But the issue of the citizenship of Goas Overseas Citizens of India, which merited special consideration, and active lobbying at the national level continues to hang in balance. Everyone is kept dangling with assurances. This has happened before. This is happening again.

As a matter of fact, difference has often been perceived to the detriment of the marginalized sections in Goa. At one point of time, the Union Minister for Tribal Affairs Ramdas Athawale was heard saying that a political quota for Scheduled Tribes in Goas Legislative Assembly was not possible, and it was a sharp reaction from Goa that got him to say that he was not aware that Scheduled Tribes comprise 12% of Goas population and that nobody had brought the same to his notice.

And at another level, difference has been used to trump up false charges against the minorities with the active support of the majoritarian Government. A fact finding report by Citizens Initiatives for Communal Harmony effectively exposed how there was an orchestrated attack against Muslims by playing victim card as a Ram Navami rally provocatively wound its way detouring from the scheduled route.

The difference that Goa is, must be galvanized in the interests of Goa, not to deny Goa and Goans and people in Goa, particularly the marginalized sections, their rightful place under the sun. What the turnaround of the Union Tribal Affairs Minister drives home to us is that if we as voters speak up, organize, question, and challenge, change towards equity, pluralism, federalism and participatory social justice is possible.

(Albertina Almeida is a lawyer and human rights activist)

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2024 Lok Sabha Elections: Need to pitch for Federalism and Special Status for Goa - Herald Goa

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1999 constitution and the quest for true federalism – Nigerian Observer

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1999 constitution and the quest for true federalism  Nigerian Observer

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1999 constitution and the quest for true federalism - Nigerian Observer

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Federalism is not Apartheid The Mail & Guardian – Mail and Guardian

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Didnt the world support the boycott of apartheid South Africa? (Photo by Jonathan C. Katzenellenbogen/Getty Images)

The African National Congress (ANC) has repeatedly equated federalism, provincial autonomy, and decentralisation to Apartheid. A knee-jerk accusation that, sadly, resonates with some voters. But the truth is that federalism is not just nothing like Apartheid, it would help prevent an Apartheid system from springing up in the first place.

On 29 January, the ANC disrupted a hearing on the proposed Western cape Provincial Powers Bill, accusing any devolution of powers and embracing of federalism to be supporting Apartheid. This is consistent with the ANCs fanatical obsession with centralism and the maintaining of a unitary state no matter how inefficient said unitary state has proven to be.

While the South African constitution enshrines federal principles, the ANC has repeatedly ignored this stating arrogantly that SA is a unitary state and that provinces must fall in line.

In actuality, the ANC doesnt oppose federalism because they think its like Apartheid. Rather, the ANC just wants total control over the country. But it still makes the claim that federalism is the same as Apartheid. So, it is important to debunk this claim.

Apartheid was a collection of racist laws that, on a grand scale, relegated people of different races to different areas. Black South Africans were made to inhabit specific bantustans, which were governed by semi-autonomous authorities. Many of these bantustans still exist to this day, with traditional leaders still denying rights to black South Africans.

While these bantustans had their own separate leaderships on paper, they were effectively puppets of the Apartheid government, and still had to abide by laws set by the government. In so-called black areas, the Apartheid government even owned nationalised liquor breweries and bars. Local governments had zero substantive say over their decisions.

Apartheid saw impoverished zones being controlled by a central government. Not local rule. It is more accurately seen as a form of internal colonialism.

People think that the English meaning of Apartheid Separate Development must refer to any form of decentralisation. But Apartheid in no way resembled federalism. In fact, the National Party themselves were avowed centralists, supporting a unitary state throughout their governance. A view very similar to the ANCs.

What is Federalism?

Federalism is not a top-down authoritarian system like Apartheid. If Apartheid had been federalist, then the National Party would have had zero say over the governance of the bantustans. And if South Africa had been federalist, then Apartheid would have unlikely been allowed to happen in the first place.

Federalism is a system where provinces and local areas are able to govern their own affairs, while still being represented by a central government. The United States is a federal country, with states having their own police forces, legislation, and ability to govern their own affairs. Only the military and some centralised agencies exist on top of this.

South Africa is a large country with a diverse population, and allowing local governments to have increased power to pass necessary legislation, get rid of irrelevant policies, and be held accountable by the local community would help lessen many of the issues plaguing the country.

In fact, the Constitution already enables provinces to act with far more power than they do currently. The ANC grandstands and complains, but the Democratic Alliance (DA) could already seize far more powers than they do currently, and they really should, because ANC influence in the Western Cape is the only real thing holding back the province from becoming a first-world locality.

It is clear that Apartheid wasnt federal, and federalism wont lead to Apartheid. Rather, the opposite may occur, as local governments purge their lawbooks of racist legislation like BEE and eliminate racial-quotas in government.

Federalism will equip provinces to solve their local issues and disallow a central government from imposing oppressive laws. All South Africans should rightfully support such a system.

Nicholas Woode-Smith is an economic historian, policy analyst and author. He is an Associate of the Free Market Foundation and Western Cape co-ordinator of the FMF Campaign for Home Rule.

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Federalism is not Apartheid The Mail & Guardian - Mail and Guardian

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Modi has delivered confrontational federalism: Congress | Siddaramaiah highlights ‘injustices to K’taka | Inshorts – Inshorts

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Modi has delivered confrontational federalism: Congress | Siddaramaiah highlights 'injustices to K'taka | Inshorts  Inshorts

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Modi has delivered confrontational federalism: Congress | Siddaramaiah highlights 'injustices to K'taka | Inshorts - Inshorts

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Lebanese Pro-Federalism Activist Alfred Riachi: Prior To October 7, The Standard Of Living In Gaza Was Pretty … – Middle East Media Research…

Posted: February 22, 2024 at 8:00 pm

Lebanese lobbyist Alfred Riachi, secretary-general of the Continual Federal Congress, discussed in a February 12, 2024 interview on OTV [Lebanon] the ramifications of Hamass October 7 attack. He said that prior to October 7, the standard of living in Gaza "seemed very reasonable." Riachi said that Hamas does not believe in pluralism and coexistence and that it is not that much better than ISIS. He stated that Israel has never attacked Lebanon unprovoked.

To view the clip of Lebanese pro-federalism activist Alfred Riachi, click here or below:

"Israel, Which You Refer To As 'Satan', Has Never Initiated An Attack Against Lebanon Without Us Giving It A Pretext First"

Alfred Riachi: "The State of Israel, which you refer to as 'Satan', has never initiated an attack against Lebanon, without us giving it a pretext first.

[...]

"What Hamas did... They entered Israel and killed 1,200 people. What did they gain from this? Did they expect Israel to welcome them with rice and flowers?"

Interviewer: "Hold on a minute. You make it sound as if Israel was peaceful, and out of nowhere Hamas entered, and how terrible what they did these innocent Israelis... These people were being killed, under siege, without water, medicine, or food for years and years. They were living in a big prison, on their own land."

Riachi: " I don't know... I watched many shows [about Gaza], and the standard living there seemed very reasonable.

[...]

"Hamas Do Not Believe In Pluralism And In Co-Existing With The Other... For Me Hamas Is Not Much Better Than ISIS"

"I view Hamas as an organization with religious ideology of exclusion. They do not believe in pluralism and in co-existing with the other. Regardless, of whether their cause is justified or not, for me Hamas is not much better than ISIS."

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Lebanese Pro-Federalism Activist Alfred Riachi: Prior To October 7, The Standard Of Living In Gaza Was Pretty ... - Middle East Media Research...

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The Potential Impact of ‘Disease X’ on Federalism in the U.S. – Medriva

Posted: at 8:00 pm

When the World Health Organization (WHO) introduced the term Disease X into their blueprint of diseases in February 2018, they were prophetically acknowledging the potential of an unknown pathogen causing a serious international epidemic. Fast forward to today, COVID-19, caused by an unknown etiology, perfectly fits the description of the first Disease X. This situation has sparked an intriguing discourse on the potential impact of a hypothetical Disease X on the concept of federalism in the United States. As we explore this thoughtful narrative, we will delve into the challenges posed by a nationwide health crisis to the federalist system, with particular emphasis on state autonomy, public health policy, and the role of the federal government.

The concept of Disease X represents the understanding that a severe global epidemic could be triggered by an unknown pathogen. This idea has been cemented by the COVID-19 pandemic. Programs like the Coalition for Epidemic Preparedness Innovations (CEPI), with its 3.5 billion 5-year plan, and the US National Institutes of Allergies and Infectious Diseases (NIAID) Pandemic Preparedness Plan, are aimed at shortening vaccine development timelines and preparing for potential pandemics. The Disease X Act of 2023 further expands priorities to include viral threats that could cause a pandemic.

The federalist design of US laws is a considerable impediment to implementing nationwide community mitigation measures for pandemics, according to a Stanford Law analysis. This structure presents a significant challenge during a nationwide health crisis. State autonomy and the division of power between state and federal governments can potentially hinder the coordination of a unified response to Disease X. This challenge is further complicated by legal reforms adopted by states, which imposed substantive and procedural restrictions on public health authority, such as prohibiting vaccines, mask mandates, and restricting religious gatherings.

The role of the federal government during a major health emergency is crucial. The U.S. CDC vaccine advisory committee, for instance, develops recommendations for U.S. immunizations. However, the applicability of these recommendations largely depends on the states once published in the CDCs MMWR. This dependency on state decisions underscores the delicate balance between state and federal authority during a health crisis. The impact of systematic racism, economic inequality, mass incarceration, and labor market inequalities on COVID-19 disparities further complicates this balance.

As we contemplate the future, the adoption of crisis communication strategies by local governments during pandemics is key. Factors such as school and business closures, efficacy beliefs, and community vulnerability significantly shape these efforts. Furthermore, funding from measures like the CARES Act can enhance local governments capacity to implement these strategies.

In conclusion, the potential impact of a hypothetical Disease X on the federalist system in the U.S. poses thought-provoking questions about state autonomy, public health policy, and the role of the federal government. While our current federalist system presents challenges, it also provides opportunities for adaptive strategies that can help the nation better prepare for future health emergencies.

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The Potential Impact of 'Disease X' on Federalism in the U.S. - Medriva

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‘People’s Charter’ Puts Federalism at The Heart of Myanmar’s Democratic Future – The Irrawaddy

Posted: at 8:00 pm

The Peoples Representatives Committee for Federalism (PRCF) published its constitution for a federal democracy on Feb. 12.

The committee comprises 12 political parties: the Shan Nationalities League for Democracy, Arakan League for Democracy, Karen National Party, Zomi Congress for Democracy, Democratic Party for a New Society, United Nationalities Democracy Party, Danu Nationalities Democracy Party, Daingnet National Development Party, Mro National Democracy Party, Karen National Party, Shan State Kokang Democratic Party and Mon Affairs Association.

Previously known as the PRF, the committee changed its name to PRCF in March 2021.

Sai Kyaw Nyunt, a joint secretary of the Shan Nationalities League for Democracy, recently spoke with The Irrawaddy about the objectives of the constitution and its most important features.

What is the intention of publishing a constitution?

It has been nearly two years since we drafted the constitution in 2022. So, we decided that it was time to publish it.

What is the PRCF?

The PRCF was formed after the 2021 coup. It comprises primarily members of the United Nationalities Alliance and their partners.

The PRCF mentioned three main tasks in its statement about publishing its constitution. Can you elaborate on them?

We cant accept any form of dictatorship, either military dictatorship or civilian dictatorship. The conflict in our country since independence is deeply connected to the constitution. The 1974 constitution did not meet the wishes of the people and the same is true of the 2008 constitution.

In our view, federalism is the best [form of government] for this highly diverse and multi-ethnic country. But federalism alone is not enough. There must also be democracy. So, there is a need for a federal, democratic constitution. But again, a constitution alone is not enough. Peaceful co-existence is also critically important for us to come together to form and maintain a union.

How do you see the current political landscape in Myanmar?

Myanmar is at war now. We are politicians so we dont know much about military affairs. Military solutions alone cant solve problems in a country. Space for politics is necessary. It is more powerful than military action in terms of fulfilling the wishes of the people. We want things handled peacefully.

So, your political parties prefer non-violence?

We dont want to say which is right and which is wrong. I am only talking about our tendency. By political means, I mean you dont necessarily have to establish a party and contest the election. You may oppose the voting, and release statements about your views. These are all political means. Dialogue is also a political means. This is what we believe.

What drove the PRCF to design a constitution?

Eleven of the 12 organizations in the PRCF are political parties. We believe certain conditions must be met for our country to have greater peace and stability. So, we have designed the constitution, outlining the conditions that we think are necessary to have peace and stability. Those parties have won votes and support from people in their respective constituencies. So, we designed the constitution to convey our idea about an ideal union.

What are the salient points about your constitution?

We refer to four documents: the fundamental principles of the PRCF, the fundamental principles in a federal democracy charter, the constitution from the Federal Constitution Drafting and Coordinating Committee, and the constitution from the UNA and allies. Our constitution touches upon new topics, such as financial matters, relations between government agencies, and administration and public services.

So, is it fair to say the constitution drafted by the PRFC is one that reflects the federal democracy charter declared by anti-regime political forces?

We cant say so. Many organizations, including ethnic armed organizations, were involved in designing the federal democracy charter. Our constitution was drafted solely by PRCF members, but it can be used as a draft for all the stakeholders to discuss in the future.

Will you accept recommendations, if there are any, to your constitution?

We are willing to accept any recommendation that does not go against our principles.

The military regime upholds the 2008 Constitution. What will you say if they say they dont accept your constitution?

We represent people to a certain extent, and we live among the people. So, the constitution represents our view of what this country should be like. Everyone is aware that one group or organization representing all the others was not successful. We need to try to write a constitution that is acceptable to all by negotiating between all stakeholders.

How did stakeholders in the country respond to your constitution?

No one has yet strongly responded to our constitution. It was only published recently, and perhaps stakeholders are still studying it. Our constitution is largely based on documents of ethnic armed organizations, ethnic political organizations and ethnic Bamar organizations. So, there wont be much difference between ours and theirs.

There might be differences in the way we operate, but I dont think there will be much disagreement regarding policies. The policies of the regime and the military, however, can be markedly different from ours. In the future, we will have to accept what is best for the people.

What is the PRCFs next step?

We established political parties to do our share for the country. So, we will continue to work in our way to restore peace and build a country that all citizens want to see.

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'People's Charter' Puts Federalism at The Heart of Myanmar's Democratic Future - The Irrawaddy

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Siddaramaiah vs Modi: The ‘cess-y’ mess in fiscal federalism – Deccan Herald

Posted: at 8:00 pm

Something unique and rare in Indian political history happened recently. Karnataka Chief Minister Siddaramaiah, Deputy Chief Minister D K Shivakumar, and many senior cabinet ministers went to Delhi and sat in a dharna for a My State My Tax protest. They were joined by ministers and leaders from the other southern states of Kerala and Tamil Nadu and supported in spirit by Telangana. It was an extraordinary development where democratically elected heads of Indias states were forced to go to Delhi to demand their share of tax revenues and taxation rights. No taxation without representation was the slogan for the American independence struggle against the British. Southern states in India are now protesting against Representation without taxation!

With the southern states protests and the Supreme Courts recent ruling, the late BJP finance minister Arun Jaitleys contribution of the phrases cooperative federalism and electoral bonds to Indias political lexicon have been rendered dubious and hollow by the Modi government.

Elected governments across the world rely on direct and indirect taxes for revenues to implement schemes and fulfil their electoral promises. As per the Constitution, state governments in India do not have powers to levy direct income and corporate taxes, unlike in other federal nations. After GST, state governments lost their exclusive powers for indirect taxes, too. They are only left with powers to tax sin goods, fuel, property, electricity, and agriculture, which constitute a small slice of overall tax revenues. To put it simply, post-GST, democratically elected state governments in India are forced to be almost entirely dependent on the Union government for resources.

To make matters worse, the Modi government, true to its governance style, has politicised Indias federalism through duplicitous means of cesses and surcharges to garner greater share of tax revenues for itself and minimise states share.

When a Karnataka resident buys a certain good or service and pays Rs 100 as central taxes on it, the Union government keeps Rs 58 of it and shares Rs 42 with the states. But for the same transaction, if Rs 100 is charged as cess by the Union government, then it gets to keep all of it and not have to share it with the states. This is a quirk and a relic of Indias historical taxation laws. So, a cooperative federalism-minded Union government will try to minimise cess and maximise tax revenues which can be shared with state governments for their governance. Unsurprisingly, the Modi government did the exact opposite in its decade-long tenure.

Cesses and surcharges have nearly doubled as a share of revenues from 12% to 20% of overall tax revenues during Modis tenure. In 2014, overall tax revenues collected by both the Union and state governments was Rs 18 lakh crore, which rose to about Rs 46 lakh crore by 2023. But a whopping 10% of this increase came from cesses and surcharges, depriving state governments of nearly Rs 3 lakh crore. This is a huge amount, and hence state governments are crying foul. This has impacted every state government but because of the extreme high-command culture and imposition of their will on BJP-ruled states, BJP Chief Ministers can only grumble in private rather than join Karnataka, Kerala, Tamil Nadu, Bengal and Telangana in an overt protest. The Modi governments cess mess has stained Indias fabric of federalism.

This deceit by the Modi government is what has angered the high tax-contributing southern states and prompted them to question the transfer of their tax revenues to poorer northern states. The average person in Karnataka or Tamil Nadu pays Rs 20,000 annually in taxes while the average person in Madhya Pradesh or Uttar Pradesh pays just Rs 4,500. But the average person in Bihar, UP or Madhya Pradesh get back Rs 260 for every Rs 100 they pay in taxes, while the average Kannadiga gets back only Rs 40. Over the course of Modis tenure, this gap has only widened, and little progress has been made in bridging either the fiscal or the development gap between the richer and poorer states. Now, the contributing states are questioning the need for such an extreme skew in the distribution of tax revenues.

The very idea of India as a Union of states is now precarious. There is a complete breakdown of trust and trustworthiness between the Union and states. This growing banyan tree of distrust between states was sown by the duplicitous fiscal approach of the Modi government, watered by the imposition of a one nation one policy framework, branched by the extreme politicisation of institutions such as ED, CBI, Income Tax, Election Commission, and tended by governor politics. It is no secret that most states harbour deep disenchantment with the Modi governments anti-federal style of governance. It so happens that the more developed southern states, which are not ruled by the BJP, are able to express their resentment more freely than their Maharashtra, Haryana and Gujarat counterparts.

Finance Minister Nirmala Sitharaman exemplifies this disdain for states, especially those that are governed by non-BJP parties, with her scornful public rebukes and shallow pomposity, evident in the white paper she released in parliament recently. It claimed that Indias economy and infrastructure have grown in the last decade, all due to the untiring efforts and the inordinate skills of Narendra Modi. It was like parents celebrating the growth in age of their child from 5 to 15 after a decade. Even if cricketer Ravindra Jadeja or actor Akshay Kumar had been Prime Minister in this period, GDP would have grown, more toilets and houses constructed, more airports, ports and highways built, and India would have been the Chair of the G-20. The real question is not whether the child has grown in age, which is largely inevitable, but how tall, healthy, and happy is the child for her age. Ask the states!

(Published 17 February 2024, 20:21 IST)

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Ideas Of India: Devendra Fadnavis To Take A Deep Dive Into Role Of Collaborative Federalism In Nation-Building – ABP Live

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Ideas Of India: Devendra Fadnavis To Take A Deep Dive Into Role Of Collaborative Federalism In Nation-Building  ABP Live

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Potential of federalism should be realized: PM Dahal – The Himalayan Times

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Potential of federalism should be realized: PM Dahal  The Himalayan Times

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