What do you understand by cooperative federalism? Does it exist in India? Discuss.

📝Model Answer

Introduction

Cooperative federalism refers to a model of governance where the Centre and States work together in a horizontal, collaborative relationship — sharing power, resources, and responsibilities — to achieve common national goals, rather than functioning in watertight compartments. It views the Union and States as partners in a joint enterprise of development, not as rivals.

Key ingredients of cooperative federalism:

• Mutual trust and coordination between Centre and States
• Shared decision-making through common institutions and forums
• Equitable devolution of finances and resources
• Respect for State autonomy within the constitutional scheme
• Joint responsibility in subjects of common concern (Concurrent List)

Body of the Answer

Areas where cooperative federalism exists

1. GST Council (Article 279A): The finest example, where the Centre and States jointly decide indirect tax rates through consensus, pooling their sovereignty for "one nation, one tax."
2. Institutional forums: Bodies like NITI Aayog, the Inter-State Council (Article 263), and Zonal Councils provide platforms for Centre-State and inter-State dialogue and policy coordination.
3. Finance Commission (Article 280): Ensures equitable vertical and horizontal distribution of financial resources; the 15th Finance Commission devolved 41% of the divisible pool to States.
4. Concurrent List cooperation: On subjects like education, forests, and criminal law, both levels legislate together — e.g., the National Education Policy 2020 was framed with State consultation.
5. Centrally Sponsored Schemes: Programmes like MGNREGA, PM-KISAN, and Swachh Bharat are jointly funded and implemented by Centre and States.
6. Disaster and crisis management: The COVID-19 pandemic saw coordinated Centre-State action through video-conferencing, shared funds, and joint vaccination drives.
7. Emergency cooperation: All-India Services (IAS, IPS) serve both Centre and States, creating an integrated administrative link binding the federation.

Areas where cooperative federalism is missing

1. Misuse of Article 356: Frequent imposition of President’s Rule for political reasons has undermined State governments and strained federal trust.
2. Role of the Governor: Governors acting as agents of the Centre — delaying assent to Bills, or discretionary decisions in government formation (as seen in various States) — has been a recurring friction point.
3. Fiscal centralisation: Rising cess and surcharges (not shared with States) shrink the divisible pool; delays in GST compensation payments have caused Centre-State disputes.
4. Encroachment on State subjects: Central laws on agriculture (the now-repealed Farm Laws 2020) and other State List subjects were seen as bypassing State consent.
5. Central agencies: Alleged partisan use of agencies like the CBI, ED, and Income Tax Department against opposition-ruled States erodes cooperative spirit.
6. Weak Inter-State Council: The Council rarely meets, and NITI Aayog lacks the financial powers of the erstwhile Planning Commission, limiting genuine consultation.
7. Delimitation and language concerns: Southern States’ apprehensions over the proposed 2026 delimitation and imposition of Hindi reflect deeper trust deficits.

Way Forward

1. Strengthen consultative institutions: Convene the Inter-State Council regularly and empower NITI Aayog to act as a genuine forum for cooperative planning.
2. Reform the Governor’s office: Implement Sarkaria and Punchhi Commission recommendations on the appointment, role, and neutrality of Governors.
3. Ensure fiscal fairness: Rationalise cesses and surcharges, share them with States, and ensure timely release of grants and GST dues.
4. Institutionalise consultation: Mandate meaningful consultation with States before legislating on Concurrent and State List subjects.
5. Move towards competitive-cooperative balance: Encourage "competitive cooperative federalism," where States compete to perform (e.g., Ease of Doing Business rankings) while cooperating on national goals.
6. Depoliticise central agencies: Ensure autonomy and impartiality of investigative bodies to rebuild inter-governmental trust.

Conclusion