14 Feb Indian Federalism : Shifting Paradigm (From Cooperative to Combative Federalism , A big threat on Indian democracy ), Critical Analysis
Indian Federalism- Today Current Affairs
Context : Recently the Center government , through amendment in Indian Administrative Service (IAS) (Cadre) Rules of 1954 encroaches in the affairs of the state. This triggered another round of conflict between the Center and the States. Some states like . Tamil Nadu, Kerala, West Bengal, Jharkhand, Rajasthan, Chhattisgarh and Telangana have objected to the amendments.
Today Current Affairs
Introduction : Recently on many occasions we have seen the conflict between the center and the state government. However this center state conflict has been continuing for a long time but during this Modi government, After the 2014, this conflict has been increased. The effort of the center government to interfere in state affairs for political gain can not be justified . This nature of federalism now seems a type of combative nature of federalism rather than cooperative federalism . Our constitution makers never expected such type of conflict between center and state otherwise they could have make clear provisions to prevent such conflict but they never thought that center and state would stand in the way of each other
The incident when Center State conflict can been seen : The Hindu Analysis
Before the proposed amendment in the service rule of the IAS cadre , several times, center state conflict can be observed. For example- without the consent of state , former West Bengal Chief Secretary Alapan Bandyopadhyay was summoned to Delhi. And this dispute is still in the Delhi High Court. Besides, in all Non BJP ruled states , the intervention of central agencies Customs, the National Investigation Agency (NIA) and the Enforcement Directorate (ED), CBI is now common . The intervention of these agencies in Bengal, Maharashtra, and Kerala is common and many times the supreme court had to settle these disputes.
Beside these agencies, through governors , the central government encroached the rights of state governments . There are many examples where governors played the role of the agent of a political party . For example in the case of Maharashtra , the Supreme court had to intervene. The role of governors in MP, Rajasthan and Bengal is well known by the people of India . This is unfortunate for Indian democracy that these constitutional institutions are being used for political reasons. Today Current Affairs.
How the federalism is changing : The Hindu Analysis
Cooperative federalism is the basic structure of the India constitution where state and center should work on the principle of cooperation and collaboration. The Constitution Bench of the Supreme Court held in Government of NCT of Delhi v. Union of India (2018) that the idea behind the concept of collaborative federalism is negotiation and coordination so that differences which may arise between the Centre and the State Governments in their respective pursuits of development can be ironed out. The Court said: “Union Government and the State governments should endeavor to address the common problems with the intention to arrive at a solution by showing statesmanship, combined action and sincere cooperation.”
Today Current Affairs
But recently it is shifting toward combative federalism which is a big threat for democracy. The expression ‘combative federalism’ was used by former Uttarakhand Chief Minister Harish Rawat immediately after his government was dismissed under Article 356 of the Constitution by President’s proclamation. Immediately thereafter, the Center started wielding power by interfering with the affairs of the States using the Governor’s office.
Recently it has been observed that only for the political gain some time all the political parties start to work beyond the constitution and the court has to intervene in their affairs . The Constitution is the supreme , this must be understood by the governments of all political parties . Cooperative federalism is the foundation of the Indian democratic system which should be protected and respected by all of us. Instead of engaging in unnecessary conflicts, the Centre and the States have to strive to work in coordination.
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Source : The Hindu (Editorial , 14th Feb )Source : THE HINDU