How far has the Indian federal framework been successful in accommodating regional and cultural diversities? Highlight the role of asymmetric federalism and suggest measures to make dispute resolution mechanisms more effective.
The Indian federal framework, described by K.C. Wheare as "quasi-federal" and by Granville Austin as "cooperative federalism", was designed to accommodate India's vast regional, linguistic, cultural, and ethnic diversities within a unified constitutional order.
Accommodating Diversities — Successes:
- Linguistic reorganisation (SRC, 1956): Peaceful reconstitution of states.
- Eighth Schedule: Constitutional recognition of 22 languages.
- Fifth and Sixth Schedules: Autonomy for tribal areas of the Northeast.
- Articles 371A–J: Special provisions for Nagaland, Mizoram, Manipur, Sikkim, and others.
- Asymmetric federalism: UT of Puducherry and NCT of Delhi have partial legislative powers; erstwhile Article 370 for J&K (abrogated 2019).
- Institutional pluralism: GST Council, Finance Commission, Inter-State Council (Article 263), NITI Aayog.
Role of Asymmetric Federalism:
It enables differential treatment for genuine differences, preventing secessionist tendencies (Mizoram Accord, 1986). However, uneven asymmetry can also breed resentment ("special vs equal treatment" debate).
Persisting Challenges:
- Centralising trends: Frequent use of Article 356 historically; central schemes bypassing state agency.
- Fiscal imbalance: States shoulder 60% expenditure but receive 40% revenues; cess/surcharge outside divisible pool.
- Governor as flashpoint in opposition-ruled states.
- River-water disputes (Cauvery, Krishna) — tribunals overburdened.
- Language impositions (NEP 2020 debates).
Way Forward:
- Strengthen Inter-State Council as a standing forum.
- Independent River-Water Dispute Redressal Body with binding timelines.
- Fiscal federalism reforms — cap cesses, revamp Finance Commission mandate.
- Institutionalise Zonal Councils for regional grievance resolution.
- Codify Governor's role.
Federalism must evolve as a dialogic partnership, not a hierarchical arrangement.
Answered By:
Harsh Raj
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