Types of Federalism on the basis on interaction
Asymmetric federalism
Power is not equally divided between central and its federating units. Thus, each unit has varying representation/power/status at centre.
Symmetric federalism
Irrespective of its size, each unit has similar representation at centre.
Bargaining federalism
where each unit try to bargain for maximization of rational self interest.
Cooperative federalism
Horizontal relationship + join for larger public interest + meaningful participation in policy formulation and implementation+ based on equality and mutual respect for each other’s autonomy.
Ex. ISC+ Zonal council+ GST council + Governance council of NITI aayog + aspirational district programme
Competitive federalism
Vertical relationship + competition among states to maximize benefits.
Examples of Competitive federalism:
Performance based fund devolution + SMART city programme + Krishi vikas yojna + industrial meets organized by various states + removal of status of special category states + reduction of central sector schemes etc+ increase fund devolution from 32 to 42 % as per 14th FC recommendation + Swachh Bharat Ranking system + ease of doing report of NITI aayog + ease of living index etc.
Challenges to the spirit of cooperative and competitive federalism:
Competitive federalism is putting weaker state at disadvantaged position + widening imbalanced regional growth + reduction in budgetary allocation towards social sector schemes + removal of special status is making weaker states at vulnerable position + Is India becoming more unitary?
NITI aayog+ increasing power of PMO + partisan approach of Office of Governor + changes in AIS cadre rules + Epidemic and disaster management act + one party system + shrinking role of Rajya sabha in legislative process + dilution of autonomy of institutions like judiciary and Election commission + FRBM act + Since 1950, the Union and Concurrent Lists have expanded, the State List seems to have shrunk + passing of 3 Agro bills by centre in State’s domain + unilateral decision of changing TOR in 15th FC putting southern states at loss.
All-India Services
All-India services—IAS, IPS and IFS(All over the world).
The members of these services occupy top positions (or key posts) under both the Centre and the states and serve them by turns.
But, they are recruited and trained by the Centre.
These services are controlled jointly by the Centre and the states.
The ultimate control lies with the Central government while the immediate control vests with the state governments.
In 1966, the Indian Forest Service (IFS) was created as the third All-India Service.
Article 312 of the Constitution authorises the Parliament to create new All-India Services on the basis of a Rajya Sabha resolution to that effect.
Purpose:
• Uniformity of Administration.
• Link between Union and state.
• Quality of Administration.
• Provide leadership.
• Integrity and Unity of India.
• strategic from the point of view of maintaining the standard of administration.
Proposed amendments to IAS deputation:
Background: Centre asked that three IPS officers, who were in charge of security when BJP president J P Nadda’s motorcade was attacked outside Kolkata, to be transferred for central deputation. West Bengal Government declined citing shortage of IPS officers in states.
In another incidence of 2014, Tamil Nadu, IPS officer Archana Ramasundaram was deputed to the CBI in 2014, but the state government refused to release her, and suspended her when she defied the state’s order and joined the CBI. She is today one of the members of the Lokpal.
Existing provisions:
The Centre asks every year for an “offer list” of officers of the All India Services (IAS, IPS and Indian Forest Service) willing to go on central deputation, from which it selects officers.
IAS (Cadre) Rules-1954: deputation of any IAS officer belonging to cadre of any state can be deputed elsewhere by central government with concurrence of state government. In case of any disagreement decision of central government shall prevail.
Why it needs to be changed? weak strength of centrally deputed officers.
Proposed amendments:
central government has proposed that “in specific situations, where services of cadre officers are required by the Central Government in public interest, the Central Government may seek the services of such officers for posting under the Central Government.”
Under existing provisions there is no specific time limit in which state government are bound to respond on Central government request for deputation of IAS officers of a particular state cadre for central deputation. Thus, Central government seek to add specific time limit within which States are obliged to comply.
Challenges in proposed amendment:
- Uncertainty of transfer
- lack of long term planning
- against the spirit of cooperative federalism
- chances of victimization of officers
- politicization of neutral bureaucracy
- weaponization of IAS officers by Central government against state.
Centre-state administrative Relations:
Executive power of the Centre extends to the whole of India
Generally executive power follow legislative power.
Executive power of Union extend to areas where union have competence to make laws.
Same applies to State Legislature.
In matter of Concurrent list: Executive power lies with states.
law on a concurrent subject, though enacted by the Parliament, is to be executed by the states.
Restrictions on the executive power of the states:
The Constitution has placed two restrictions on states in order to help Centre for exercising its executive power in an unrestricted manner.
1. As to ensure compliance with the laws made by the Parliament.
2. No hindrance in exercising such power.
The sanction behind these directions of the Centre is coercive in nature.
What if State fail to comply with Union order?
Article 365 says that where any state has failed to comply with (or to give effect to) any directions given by the Centre, it will be lawful for the President to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.
It means that, in such a situation, the President’s rule can be imposed in the state under Article 356.
Centre’s Directions to the States:
Centre is empowered to give directions to the states with regard to the exercise of their executive power:
- means of communication.
- protection of the railways.
- instruction in the mother-tongue.
- specified schemes for the welfare of the Scheduled Tribes in the state.
Otherwise , President rule may be imposed.
Centre-state coordination on executive matters
Rigid division in the executive sphere may lead to occasional conflicts between the two.
mutual delegation of administrative functions.
The Constitution also makes a provision for the entrustment of the executive functions of the Centre to a state without the consent of that state.
The delegation is by the Parliament and not by the president.
Parliament on a subject of the Union List can confer powers and impose duties on a state to implement that Law/scheme.
the same thing cannot be done by the state legislature
Cooperation Between the Centre and States:
Inter-state river disputes can be decided only by Parliament.
President can establish (under Article 263) an Inter-State Council.
Public Service Commissions
The Chairman and members of a state public service commission, though appointed by the governor of the state, can be removed only by the President.
Parliament can establish a Joint State Public Service Commission (JSPSC) for two or more states on the request of the state legislatures concerned.
The chairman and members of the JSPSC are appointed by the president.
Union Public Service Commission (UPSC) can serve the needs of a state on the request of the state governor and with the approval of the President.
Integrated Judicial System
Integrated judicial system with the Supreme Court at the top and the state high courts below it.
This single system of courts enforces both the Central laws as well as the state laws.
The judges of a state high court are appointed by the president in consultation with the Chief Justice of India and the governor of the state.
They can also be transferred and removed by the president.
The Parliament (Not Prez) can establish a common high court for two or more states.
Relations During Emergencies
National emergency (under Article 352):
State governments are brought under the complete control of the Centre, though they are not suspended.
State have to carry any executive direction of Union.
Union can legislate on any state list subject.
President’s Rule:
President become in charge of Administration.
Parliament make laws on state list.
financial emergency (under Article 360).
President can give other necessary directions including the reduction of salaries of persons serving in the state and the high court judges.
Article 355 :
(a) to protect every state against external aggression and internal disturbance; and
(b) to ensure that the government of every state is carried on in accordance with the provisions of the Constitution.
State election commissioner, though appointed by the governor of the state, can be removed only by the President.