Introduction

India, is the world's largest democracy, with a population of 1.48 billion people. Its vast population and the ethnic diversity of its people, languages and cultural traditions make its federal structure necessary for nation. In the early phases of development, the three older federations of the USA, Canada, and Australia, the dominant concept was that of ‘competitive federalism’ which derived a spirit of competition and conflict between the union government and the state government. As time goes, the shift from competitive federalism to cooperative federalism signifies a move from individual state-centric approaches to a more collaborative, coordinated and cooperative approach that puts the collective good of the nation as a whole. Granville Austin described India’s federalism a “Cooperative Federalism. [Granville Austin]

The concept of Cooperative federalism is a subset of federalism where the collaboration and cooperation among the state governments addresses common problem and issues. These governments share authority under cooperative federalism, share power and responsibility, contribute to the decentralisation of authority, which strengthens the federal spirit in a true way. The notion of Cooperative Federalism is claimed to be reinforced when the Goods and Services Tax was launched on 1st July, 2017 by the Indian Government.  In Indian politics, cooperative federalism has always been valued; in last three decades, it has become more popular. Although the word "federation" is not used in our constitution, one of its key characteristics is its federal character, which establishes a federal system of government. In terms of the Article 1 of the Indian constitution, ‘India, that is Bharat, shall be ‘a Union of states’ which infers two things: First, Indian Federation is not the outcome of the States’ agreement like that of the USA; and second, no state can succeed or withdraw formally from the membership of the union like that of the USSR. [Rajbir Singh Dalal]

Due to country’s economic backwardness and disparities, the nation was determined for a socio-economic revolution not only to secure economic prosperity and fulfill basic needs of common man but also to bring a fundamental change in the framework of Indian society in accordance with the egalitarian principles. All these considerations led to the creators of the Constitution to devise a federation with a strong centralizing tendency as Sir Ivor Jennings said. [Chanchal Kumar]

Federalism accommodates voice of minority, welfare of masses, harmonious and sound democracy, cultural pluralism, favour of social justice, supporter of equality and liberty, rigid constitution, integrated judiciary, division of powers between states and union, bicameralism, constitutional supremacy rather than parliament supremacy etc. In contrast to central government domination in policymaking, cooperative federalism, sometimes known as marble-cake federalism, is a federalism idea in which union, state and local level governments collaborate to address common challenges. The best example of this federation was the outbreak of COVID-19 pandemic. While the concept of cooperative federalism in India has gained strength and popularity, there remains a significant issue of disproportionate power held by the central government as Morris Jones described Indian Federalism is ‘bargaining federalism’. [Morris Jones]

Objectives:

The followings are the main objectives of this paper:

• To explain the concept and highlight importance of cooperative federalism

• To examine the coherence and applicability of cooperative federalism.

• To discuss features and constitutional frameworks of cooperative federalism

• To highlight operationality of cooperative federalism along with its main constraints and suggestions.

Constitutional Framework and Cooperative Federalism

The constitution of India is the supreme law of land which not only determines the nature and form of the administration prevailing in the country but also expresses the ultimate source of sovereignty. The rigid nature of the Indian Constitution makes it difficult to deviate from its provisions, which include the division of powers between the federal government and the states. A written Constitution is a necessity for the survival of federalism. Due to this very reason, federalism is basic structure of the Indian Constitution. The following are the main provisions in the Indian constitution which deal with its cooperative federalism:

4th Schedule:  The allocation of seats in the Council of States is governed by the 4th Schedule of the Indian Constitution. This allocation of seats is based on the population of each state to ensure that states have a voice and representation at the national level. This representation fosters collaboration between the union government and the states government by enabling states to express their issues, opinions, and concerns at the federal legislative level. [Fourth schedule]

7th Schedule:  The Constitution of India under 7th Schedule is important to the nation's cooperative federalism, which refers to a stable relationship between the union and the state governments that allows them to work together on issues of common interest. Especially the Concurrent List, which addresses issues on which legislation may be passed by both the central and the state governments, promotes collaboration between the union and the states government. They can work together, share resources and coordinate their efforts to address issues that affect the country as a whole, such as criminal law, marriage, environment, education and bankruptcy. [Seventh schedule]

Article 54:  Article 54 of the Constitution, deals with the election of the President, as the head of the state, plays an effective role in creating the balance between the central and the state governments, which is necessary for cooperative federalism to function effectively. The President of India plays an interesting role as an effective mediator of cooperative federalism, particularly with regard to addressing circumstances that might result in the imposition of President's Rule in accordance with Article 356 of the Indian Constitution. 

Article 262: This Article establishes a legal framework for resolving interstate water conflicts, hence is inevitable for promoting cooperative federalism. The function of the central government and the judiciary in promoting cooperative federalism is essential for facilitating negotiations and ensuring that decisions are implemented, even in contentious issues like the Cauvery River water issue.

Article 263: It enables the establishment of an Inter-State Council, a constitutional institution to encourage coordination among the states and union. The Sarkaria Commission (1983) made recommendations to strengthen the inter-state council's role and functioning to promote cooperative federalism. It recommended that the agenda for meetings should be enlisted on those topics, which both the state and the centre are well consensus and interested in. [R. Garg]

Article 252: This Article empowers Parliament to pass laws on subjects that are usually the domain of state legislatures; however, the affected states' specific consent is required for this to be done.

73rd and 74th  Amendment Acts: These Amendment Acts added 11th and 12th Schedules in the Indian  constitution and are primarily meant for giving constitutional status to three tiers government i.e. Panchayats and Municipalities, hence important in strengthening cooperative federalism by giving local self-government and administration in both rural and urban areas more authority and responsibilities. They work together in planning and implementing development programs and addressing the needs of communities at the local level.

Keshavananda Bharati Case (1973): This was the significant judgements of the hon'ble Supreme Court that emphasised the significance of federalism as a part of basic structure of Indian Constitution. The judgement upheld the importance of maintaining the harmonious relations among the authorities of the central and the state governments.

Goods and Services Tax Act: The GST was inserted by the 101th Constitutional Amendment Act, 2017. GST is a paradigm of cooperative federalism in the taxation system. It brings the union and the state governments together to create a unified tax system, to reduce multiple taxation, ease revenue sharing and make decisions based on consensus.

All India Services: These Services are enshrined in article 312 of the constitution of India. The officers of these prestigious services are appointed by the honorable President of India on recommendations of the Union Public Service Commission but most of them and most of the time serve on the top positions in the State administration. Another uniting element of cooperative federalism is provided by these Services, hence is important to the nation's federal system and strengthens the union and the state governments in a unified administrative framework. That's why Sardar Patel called these services as the Steel framework of Indian democracy.

NITI Ayog: National Institution for Transforming India (NITI) Ayog was established as a think-tank for policy formulation and evaluation by the Modi led NDA government to replace the Planning Commission in April, 2015. According to NITI Aayog, two essential components of cooperative federalism are the centre and the states' joint focus on the National Development Agenda and the States and the Union Territories' engagement of their concerns and issues with Central Ministries. It will provide critical directional and strategic input to the development process, focusing on commitments and outcomes.

Zonal Councils: These councils establish a harmonious relationship between both centre and the states as well as among some neighbouring states. Zonal councils are statutory bodies established under the State Re-organization Act, 1956 to facilitate a collaborative coordination in between the states and at present 6 councils are in operation.

Finance Commission: In spite of clear-cut distribution of subjects between the Union and the state governments and their taxation. Article 280 of the Indian constitution makes provision regarding the Finance Commission which determines the distribution of some of financial resources or taxes between the centre and the states, also plays a crucial role in cooperative federalism:

Disaster Management Act, 2005: This Act facilitates the harmonious relations between the centre and the states during crisis.  During disasters may be natural or man-made, cooperative federalism comes into play an active role of collaboration to provide rescue, relief, rehabilitation and assistance. COVID-19 pandemic was one of the examples of cooperative federalism. It made possible for the both union and the state governments to work together and make collective decisions in responding to the crisis.

This collaborative approach played a vital role in addressing the complex and unpredictable challenges posed by the pandemic and ensuring a unified approach to safeguard public health.

Role of Governor: Governor of the state is its constitutional head and enjoys all the executive powers of State under article 152. The Governor is appointed by the President of India and holds office till his/ her pleasure. But in practice, the Governor serves as the centre agent, promoting collaboration relationship between the union administration and the states on various issues, including the distribution of resources, implementation of central schemes and resolution of state-specific conflict.

Public Health and Sanitation: Public Health and Sanitation under Article 47 directs the state to improve public health and nutrition, reflecting a cooperative effort among states and the centre and the states to address health and sanitation issues.

Article 48-A:  This Article was inserted in Part IV of Indian constitution which focuses on the protection and improvement of the environment. Natural calamities like pollution and global warming are big issues in the world today. In order to resolve these issues cooperation and consensus between the states is must. Together we are stronger instead of weak. Without the state cooperation, it would be impossible to attain the Sustainable Development Goals (SDG) by 2023.

Challenges

The conflict between the union and the state governments is as old as our federal system. These relations have not always been peaceful or amicable and there are many instances of problem areas. One of contentious issues is the enactment of the GST Act which incorporates a tax on goods and services. The central and the state governments each had the authority to decide their own tax rates prior to the enactment of the GST Act, thereafter without the GST Council's approval which is fully dominated by the union government; state governments will not be able to determine their own tax rates.

President rule or enforcement of Article 356 is the major contentious issues between the centre and the states. Although in S R Bommai v. Union of India case, 1993, the Hon'ble Supreme Court sought to curb the blatant misuse of Article 356 of the Constitution but the rate of violating article 356 increased dramatically since last two decades. In 2018 election of Goa, Manipur and Karnataka proves that everything could be possible in the battlefield of politics. In Goa election, Congress had become the single largest party with 17 seats out of 40 seats in State Assembly. The BJP had won only 13. But despite that the Governor Mridula Sinha invited BJP leader Manohar Parrikar to form the government. [Maninder Dabas] The gimmick of recent election in Maharashtra reminds of abusing power at highest level. Overnight the President rule was revoked and Sh Devender Fednvis  along with Sh Ajit Pawar, the nephew of Sh Sharad Pawar the NCP Supremo were sworn in as Chief Minister and Deputy Chief Minister at 2.30 a.m.  in BJP led government. However, this fiasco couldn't sustain for long, hence after its breakup a Mahaagadi coalition government in the leadership of Shri Udhav Thackery was formulated. But within a period of less than two years the Shiv Sena MLAs defected from the main party under leadership of Eknath Shinde and again a forged coalition government was established. The Hon'ble Supreme Court has declared this defection totally unlawful and illegal, hence this government but still the government is carrying on under the patronage of Union Government. Today’s politics proved that Article 356 was the dead letter of the constitution as Ambedkar said. 

The non -BJP ruled State governments of Kerala, Punjab, NCT Delhi, Tamil Nadu, Chhattisgarh, West Bengal etc have to approach the hon'ble Apex Court to give directions to the respective governors to grant assent on the vital  bills passed by the State legislature but Governor has sat on these without any action. It is one of the recent trends of misuse of gubernatorial office. It seems that there is a blind race among governors to appease their political boss sitting in Delhi to harness more benefits.

The appointment of the governor is another example of the apple of discord between the central and the state relations. The attack on dissenting States by continuous misusing of the governor post reflects not only the ruling party’s immediate political ambitions but also its lack of ideological commitment to the Constitution. The animosity between ruling party and opposition for the appointment of governor post to gain personal motive undermine the cooperative federalism. West Bengal has a long history of acrimonious relationship between the state government and the governor, irrespective of whether it's Left or the TMC in power. In 2019, there have been 14 incidents, in less than five months, when the governor Jagdeep Dhankhar and the state C.M Mamta Banerjee have not seen eye to eye. On November 4, West Bengal Governor Jagdeep Dhankhar took a jab at the TMC government by saying that numerous people had complained to him about the state administration violating their privacy. The remarks came a day after Mamata Banerjee alleged that her phone had been tapped by the Union government as well as a Bhartiya Janata Party (BJP)-ruled state. She had also alleged that the Centre was snooping on people. TMC said the governor was acting like a BJP leader. He is RSS man. [Tanmay Chatterjee]

Other instances of tussle between the centre and the states are subjects of concurrent list. Both centre and state can make laws on subjects mentioned in the concurrent list. But in case of conflict between centre and states like Centre is having Monopoly over the concurrent list or the law of the centre prevails. Residuary power is another contentious issue between the state and the centre. Many states have raised their voice to bring residuary power to the states etc. From the 1970s to the 1990s, the Centre became somewhat restrained by regional parties of states. The quest for state autonomy remains a persistent problem in Indian federalism. In 1973 in Punjab Anandpur Sahib resolution and West Bengal memorandum 1977 has advocated to limit the centres power to defence, foreign affairs, currency and communication etc.

The tussle between ruling parties and Opposition-ruled states over the last decade is that Central agencies such as the Enforcement Directorate (ED), the Income Tax Department and even the Narcotics Control Bureau (NCB) have been systematically targeting their ministers and leaders, implicating them in cases under direction of BJP-ruled Centre. Shiv Sena leader and Rajya Sabha member Sanjay Raut, while called the ED an “ATM” of the BJP. [Gaurav Sarkar] Recently, ED conducted raids in Rajasthan against opposition ruled party and escalated the tussle between centre and states.

Conclusion and Suggestions

With the country's diverse political and administrative cultures, cooperative federalism is an inevitable concept and practical mechanism. Only the cooperative federalism ensures that state governments have a degree of autonomy and the ability to decide what is best for their constituents under cooperative federalism. States have the freedom to select the central plan that best suits their needs and to make changes as needed. The future of India is a blend of both competitive and cooperative federalism as competition provides dynamism and cooperative federalism helps balance this dynamism. 

India's future will combine cooperative and competitive federalism as the former fosters dynamism while the latter serves to balance dynamism. In a nutshell, cooperative federalism is not about dividing the power rather it serving the unity or diversity of power between centre and states.

Key recommendations to sustain the cooperative federalism are as under:

• The resurrection of centre-state and interstate councils under Article 263; these bodies ought to be established to ensure the efficient or flexible relation among the states, and state and the central government.

• Give States more autonomy in addressing issues on the Concurrent List.

• NITI Aayog should take more actions to allocate micro resources and use them effectively, which will give cooperative federalism more legitimacy.

• To balance the power among states and union government, local institutions like panchayat raj should be given more authority because Local institutions are the bedrock of federalism.

• The authority of residuary power should be handed to states like USA.

• Contentious appointment like Governor and Election Commission should be appointed with the approval of concerned state government.

• Revenues rates should be fixed by states rather than central government.

• Create regular channels of communication between both the union and state administrations. This can include regular meetings, joint committees, and information-sharing mechanisms.

Above all, cooperative federalism provides the framework for creating a strong and unified nation. Where the strengths of each and every state contribute to the happiness and prosperity of the entire nation. It is aptly right to quote here Woodrow Wilson, Mahatma Gandhi and Dr B R Ambedkar who said that whatever good constitution you may make, if the persons who are meant to implement or operate it are lacking public probity, empathy, moral and ethical norms and standards, they will certainly ruin it.

References

1. Granville Austin: The Indian Constitution – Cornerstone of a Nation, Oxford,1966, PP.33.

2. Dalal, Rajbir S. (2018). Cooperative Federalism: An Evaluation in Indian Context. The Indian Journal of Political Science, LXXIX, No.4

3. Kumar Chanchal Federalism in India: A Critical Appraisal, Pg.1.

https://www.researchgate.net/publication/333309772_Federalism_in_India_A_Critical_Appraisal.

4. Morris Jones: The Government and Politics in India,1960, P.14.

5. https://en.wikipedia.org/wiki/Fourth_Schedule_to_the_Constitution_of_India.

6. https://en.wikipedia.org/wiki/Seventh_Schedule_to_the_Constitution_of_India.

7. Garg, R. (2021, December 5). Features of Sarkaria Commission Report on union and state relations. iPleaders. https://blog.ipleaders.in/features-of-sarkaria-commission-report-on-union-and-state-relations.

8. Dabas, M. (2018, May 17). Goa, Manipur & now Karnataka proves that misuse of article 356 to form govt is an old trick. India Times. 

https://www.indiatimes.com/news/india/goa-manipur-now-karnataka-proves-that-misuse-of-article-356-to-form-govt-is-an-old-trick-345572.html.

9. Chatterjee, T. (2019, December 11). 13 times when Bengal Governor Dhankhar and Mamata Banerjee fought. The Hindustan Times. 

https://www.hindustantimes.com/india-news.

10. Sarkar, Gaurav. (2022, March 28). As states launch offensive against ED, cooperative federalism goes for a six. The Federal. 

https://thefederal.com/analysis/as-states-launch-offensive-against-ed-cooperative-federalism-goes-for-a-six/?infinitescroll=1