Oxford Handbook
Federalism
The Indian Constitution establishes a federal system, but with a strong central government
that plays a crucial role.
In unitary systems, all power rests with the central govt.
In federal systems, power is shared b/w central & regional governments.
Despite being federal, Indian federalism leans towards centralization, with the
central government holding significant power.
Federal Scheme
1. Indian federal model is unique and distinct from traditional models. It prioritizes
national unity and flexibility while granting a degree of autonomy to the states.
- KC Wheare coined the term "quasi-federal" to describe it, and some even
questioned if it should be called a federation at all.
2. The Indian model emphasizes the importance of a strong central government:
- Maintaining unity to keep the diverse country together.
- The model is designed to function effectively within the unique context of India.
Sarkaria Commission
The Sarkaria Commission aimed to strengthen cooperative federalism in India by improving
communication, coordination, and collaboration between the central and state governments.
- The Sarkaria Commission's recommendations, while influential, have not been fully
implemented.
- The issue of centre-state relations continues to be a subject of ongoing debate and
discussion in India.
Background:
After the end of one-party rule in 1967, there was a rise in demands for greater autonomy for
states, particularly those governed by regional parties.
- These states sought more financial independence and the freedom to pursue their
own policies without excessive interference from the central government.
Response to the Demands:
1. The central government appointed the Sarkaria Commission to study the existing
power-sharing arrangements.
2. The Commission was tasked with:
- Examining the distribution of powers and responsibilities between the Union and
States.
- Recommending changes to improve these arrangements.
- Considering social and economic developments and the constitutional framework
established by the Founding Fathers.
Key findings and Recommendations:
The Commission, after extensive research and consultations, largely upheld the existing
constitutional framework.
- It emphasized the need for greater state participation in decision-making processes.
Key recommendations included:
1. Changes to the appointment and role of Governors.
2. Reforms related to the application of Article 356 (President's Rule).
3. The Commission primarily focused on improving administrative and functional
relations between the Union and States to enhance efficiency and effectiveness.
Legacy of Sarkaria Commission:
While there have been efforts to improve the functioning of India's federal system, there
remains a strong acceptance of the core principles of the existing framework, which
emphasizes a strong central government and a degree of centralization.
Sarkaria Commission's Impact:
1. The Sarkaria Commission Report led to some positive changes, such as the
establishment of the Inter-State Council and the strengthening of local self-
governance.
2. It also highlighted the misuse of emergency powers, influencing important Supreme
Court judgments.
3. However, in essence, the Commission affirmed the existing division of powers
between the central and state governments as outlined in the Constitution.
