The importance of India’s federal design
Why in news:
Hearing a matter in Zahoor Ahmed Bhat vs. UT of J&K, the Supreme Court has sought a detailed response from the Centre on the issue of restoration of statehood to Jammu & Kashmir. The petitioners in the case have argued that not restoring statehood violates citizens’ rights, undermines federalism, and goes against the Basic Structure doctrine.
UPSC Relevance:
GS 2, Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein.
UPSC PYQ 2020:
Q: How far do you think cooperation, competition and confrontation have shaped the nature of federation in India? Cite some recent examples to validate your answer.
Constitutional Processes for State Creation:
1. Admission of a State
- Meaning: Inclusion of an already existing, organised political unit into the Union of India.
- Procedure: Guided by international law and agreements.
- Example: Jammu & Kashmir’s accession in 1947 through the Instrument of Accession executed by Maharaja Hari Singh under the Indian Independence Act, 1947.
2. Establishment of a State
- Meaning: Acquisition of new territory in line with international law and then declaring it a state.
- Examples: Goa (liberated from Portuguese control in 1961), Sikkim (through referendum and constitutional amendment in 1975).
3. Formation (Reorganisation) of States
- Provision: Article 3 of the Constitution.
- Scope: Parliament may by law –
- Form a new state by separating territory, or uniting states/territories.
- Increase/diminish area of a state.
- Alter boundaries or name of a state.
- Example: State Reorganisation Act, 1956 (from 14 states to 29 states by 2019).
- Limitation: While area of a state can be reduced, it cannot be converted permanently into a Union Territory, as this undermines the federal features of the Constitution.
India’s Federal Design:
1.Union of States – Indivisibility
- Article 1: India = Union of States, meaning states have no right to secede.
- “India” reflects a unitary federation while “Bharat” conveys cultural unity amidst diversity.
2. Absence of the Word “Federation”
- The Constitution deliberately avoids the term “Federation.”
- Instead, the word “Union” emphasizes permanence of the Union and supremacy of the Centre in matters of national unity and integrity.
3. Balancing Unitary Spirit with Federal Character
- Strong Centre: To safeguard sovereignty, integrity, and national security.
- Federal Character: Ensures equitable distribution of resources and supports India’s role as a welfare state.
- This balance reflects the philosophy of cooperative federalism.
4. Federalism as Basic Structure
- Kesavananda Bharati Case (1973): Federalism is part of the Basic Structure doctrine.
- Any attempt to erode federal features (e.g., permanent reduction of statehood) undermines the Constitution’s core identity.
5. Institutional Safeguards
- Rajya Sabha (Article 83(1)): A permanent House to guarantee continuous representation of states at the Union level.
- This ensures federal balance and prevents excessive centralisation.
Reducing J&K from a state to a Union Territory disrupts the federal balance. Restoration of statehood is essential to protect the sanctity of India’s federation and preserve democratic representation of its people.
What next:
December 11, 2023: Supreme Court upheld the abrogation of Articles 370 and 35A but directed the Union Government to:
- Restore statehood to J&K.
- Conduct Legislative Assembly elections.
- October 2024: Elections for the 90-member Assembly were completed.
Current issue: Despite SC’s direction, the Union Government has not indicated any concrete timeline for restoring statehood.