Dt: 16/8/22
Where is Federalism or Federation in our Constitution?
Dr T H Chowdary*
In 1947 when we got freedom from foreign rule we had three Presidencies of Madras, Bengal and Bombay and several Provinces like Bihar, Orissa, Punjab, Assam. In addition, we had 465 Princedoms / Kingdoms/ Nawabis. There were no States in the sense we have them now. When we wrote the Constitution and adopted it in Nov 1949, the new designation “States” for territorial administrative and governing units came into vogue . Nowhere in the 395 Articles of our Constitution are there words like “federation or federalism”. Before the Constitution came into being we had Federal Service Commission and Federal Court which after the Constitution was adopted came to be called Union Public Service Commission and the Supreme Court of India. Government of India Act 1935 created a sort of federalism – not fully federal . Our Constitution defines our country and nation as a Union of States ( not a federation of States). The word state is a new designation for the former Presidencies, Provinces and Nawabis and Princedoms.
2. The Parliament of India according to Article- 3 of the Constitution can divide the States, alter their boundaries and even merge and de-merge states. For eg: Uttarakhand, Jharkhand, Chhattisgarh and Telangana were carved out of existing States by Acts of Parliament . Similarly the State of Jammu & Kashmir was split up two Union Territories. If we are a federation could these changes be effected ? In a Federation the federating States cede certain rights and legislative powers to the Federation. For eg: in the United States each one of the 51 States has its own Constitution , has its own organ for conducting elections and the Governors are elected.
3. Our Constitution makers especially Dr Ambedkar and Sardar Patel wanted a strong Center as India with scores of local kingdoms fell an easy prey to adventurous companies and governments. Each of these different territorial kingdoms could be conquered over time by the foreign invaders. If only we had an empire like the Mauryan or Samudra Guptas could not have possible. To ensure that we have a strong Central Government which can promote and preserve among others the integrity and the indissoluble unity of the country our Republic is designated as a Union and not as a Federation.
4. As already mentioned, Article-3 can alter the boundaries disintegrate and integrate states by Acts of the Parliament, Articles - 356 , 360 & 362 amply establish the supremacy of the Union Government, in that the state governments can be superseded and President’s rule introduced. During six decades of Congress rule alone, over one hundred state governments were dismissed and President’s rule enforced. For convenience of legislation and to promote legislations required for different States, depending upon their means and aspirations there are three Schedules - one Schedule says only the Union can legislate in the matters listed therein; there is another Schedule in which matters the States only can legislate are listed ; there is another schedule wherein matters which can be legislated by the States as well as by the Union are listed. When there is difference or conflict between the Union legislation and the stat legislation in the matters listed under the concurrent list, the Constitution clearly state that the Union’s legislation will prevail.
5. In the light of these and other provisions of our Constitution the talk of federalism , federal State or federation is glib talk. India is not a federation of States; it is a Union of States, States created by the Union and the Union cannot be broken nor any State can secede from the Union. Such talk amounts to attempt at subversion and weakening of the Republic of India, that is Bharat. As the Indian National Congress became weaker and weaker, regional parties are talking of India as a federation, federalism etc., as though the States are independent ceding certain rights to the Union. The regional parties are dynastic and changing alliances based on castes to form governments . These are certainly disintegrationist and not unionist. In the state of Telangana of late, there is description of Telangana as a Nation and its current Chief Minister as the Father of this Nation (Telangana Jati Pita). In Telugu the word Jati is often used for the English word nation.
6. Saving Grace:
The Indian National Congress nurtured by great patriots, has since Sardar Patel’s death in December 1950, become the property of Nehru- Indira-Rajiv-Sonia and her children, Rahul and Priyanka (Wadra). The Sonia ( of Italian origin) family controls and proprietorised it since 1998.
While all non-BJP parties are regional , Congress has remnant, dwindling and disappearing presence in all states. As it is highly centralized and Sonia family- owned, Congress does not call India a federation but is content to describe the BJP government’s as “ communal”, “non-secular” and “ divisive”. (808 words)
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