Discuss the areas where recent times seen rising tussle between the Centre and states on the federal issue and also discuss the measure that can be taken to promote cooperative federalism In India [150 words, 10 marks, 2 pages, 7 min]

Introduction: India has witnessed several instances of friction between the Centre and the States on federal issues. This rising tussle has highlighted the challenges of maintaining a balance between the central authority and regional autonomy. 

Areas of Conflict

• • Fiscal Federalism: Disputes over the sharing of central taxes, GST compensation, and borrowing limits have been contentious. States argue for a larger share of resources, while the Centre seeks fiscal discipline.
  • Cooperative Federalism in Practice: While the Constitution mandates cooperative federalism, differences in political ideologies and priorities often lead to clashes. Issues like implementation of central schemes, data sharing, and decision-making processes become points of contention.
  • Appointments and Control of State Institutions: The Centre's role in appointing key state officials and its influence over state institutions has been a source of friction. States often perceive this as an encroachment on their autonomy. 
  • Partisan Role of Governor: West Bengal and Maharashtra Instances in these states have shown how Governors' actions can lead to prolonged political stand-offs. In West Bengal, the relationship between the Governor and the state government has been particularly strained, with accusations of the Governor acting as an agent of the central government.
  • Legislative Overreach: The Centre's use of its concurrent list powers and emergency provisions to legislate on state subjects has led to accusations of overreach. Eg: Farm Laws The enactment of the three farm laws by the Centre in 2020 led to widespread protests and opposition from several States. The States argued that agriculture is a State subject and that the Centre's intervention undermined their authority
  • Inter-State River Water Disputes: Sharing of river waters between states has been a long-standing issue, with the Centre often caught in the crossfire.

• National Education Policy (NEP) 2020: The NEP 2020 introduced by the Centre has been criticised by some States for centralising education policy. States have expressed concerns over the reduced autonomy in designing education curricula and policies that cater to regional needs.

• Law and Order: Law and order is primarily a State subject. However, instances where the Centre has intervened, such as sending central agencies for investigations in State matters, have been viewed as encroachments on State powers.

• Use of Central Agencies: The increasing use of central investigative agencies like the Central Bureau of Investigation (CBI), Enforcement Directorate (ED), and National Investigation Agency (NIA) in State matters has led to allegations of political vendetta and undermining State jurisdiction.

• Financial Transfers and Centrally Sponsored Schemes: States have often complained about the unequal distribution of financial resources and the imposition of centrally sponsored schemes that do not consider regional priorities and constraints.

Measures to Promote Cooperative Federalism

• • Strengthening Inter-State Council: The Inter-State Council should be revitalised and made more active to foster dialogue between the Centre and States on key policy issues. Regular meetings and consultations can help in resolving disputes amicably.

  • Empowering Finance Commission: The Finance Commission should be given greater autonomy and authority to ensure fair and timely distribution of financial resources. Recommendations should be binding, and States' concerns must be adequately addressed.

• Decentralising Decision-Making: Greater autonomy should be granted to States in areas like agriculture, education, and health. Policies should be designed with adequate input from States, allowing them to tailor programs to regional needs.

• Institutional Mechanisms for Dispute Resolution: Establishing robust institutional mechanisms for resolving Centre-State disputes can help in addressing grievances effectively. These mechanisms should be transparent, impartial, and accessible.

• Encouraging State Participation in National Policies: States should be actively involved in the formulation of national policies through consultative processes. This ensures that policies are inclusive and consider regional diversities.

• Strengthening Local Governments: Empowering local governments through greater financial and administrative autonomy can reduce the burden on State governments and promote grassroots democracy. This can enhance cooperative federalism by ensuring better service delivery and local governance.

• Promoting Financial Independence: Ensuring timely and adequate transfer of financial resources from the Centre to States is crucial. Measures like increasing the share of States in central taxes and grants can enhance their financial independence.

Conclusion

The rising tussle between the Centre and States on federal issues underscores the need for a more cooperative and consultative approach to governance. By strengthening institutional mechanisms, ensuring fair financial distribution, and granting greater autonomy to States, India can promote cooperative federalism. This approach will not only resolve conflicts but also foster a more inclusive and balanced development across the country.