Articles
Federalism – Where?
Dt: 21/3/23
Federalism – Where?
Dr T.H.Chowdary*
There are 395 Articles and 12 Schedules in the Constitution of India. In not one of them are words, federation, federalism or federation. Our Republic is a Union of States, and state is the word to describe the territories in the Union of India, that is Bharat. The word state in the constitution was coined to replace the words Presidencies, provinces and Commissionerates, terms used in the Government of India Act 1935 and earlier. Leaders of regional parties in their drive for personal ( mostly dynastic) power are imputing federalism as the underlying basis of the Indian Republic. They want a weak Central government by a coalition of regional parties, with regional, dynastic casteist interests. Federalism was what the communally divisive Muslim League agreed instead of partition and Pakistan ( March- May 1946).
2. The federalism idea involving weak Center with only three subjects, defence, foreign affairs and communication in the Central government and all the rest with the units ( Provinces) and their groups, was what the Imperial Britain’s Cabinet Mission “sold” to the Congress and Muslim League in March-June 1946 for transfer of power to Indians. Fortunately, the Muslim League repudiated it in favour of partition and Pakistan taking umbrage to Nehru’s assertion that Constituent Assembly would decide what free India would be .
3. The Consembly convened in Nov 1946 in light of the Cabinet Mission Plan of a 3-tier Federal India - Provinces and Groups of Provinces and a Federation of them with limited powers to it. But partition insisted by Muslim League was agreed to by Congress as an evil lesser than federation with weak central government. The Post-partition the Consembly under the leadership and direction of the triumvirate of Nehru-Patel- Rajendra Prasad and Dr Ambedkar as the Chairman of Drafting Committee, finalized India’s Constitution for India as a strong, indestructible Union ( not federation) with a powerful Central government which in terms chiefly of Articles* – 3, 352, 356, 360 and 248, 250, 251, 254, 256 and 257 can over-ride the states. The troubled history of Bharat from the 11th century to 1947 with foreign invasions , loot, cultural destruction and alien rule made our leaders to give us, not a weak federal state but a Union with strong Central government that will not allow Bharat to be disintegrated by regional satraps .
4. The regional parties under the leadership of dynasties and casteists are inventing and attributing to the Union, a federal character to serve their evil purpose of family/ clan / caste rule. Bharatiyas must strongly, decisively and incessantly denounce and reject the regional satraps’ talk of federalism, federation and federal. The warnings of history and politics as beautifully perorated by Dr. Ambedkar, Chairman of the Drafting Committee and Dr Rajendra Prasad , President of the Constituent Assembly on the concluding day 26 Nov 1949 of the Consembly must be forever etched in our memories and guide our policies. India is not a federation which can be dismembered or weakened by regional powers - hungry politicians but a strong Union, which can become even unitary under certain circumstances . (516 words)
END
* Articles:
3 : Formation of States, alteration of areas, boundaries or names of existing States
352: Proclamation of Emergency
356: Provisions in Case of Failure of Constitutional Machinery In States - Governor’s rule
( Section 93 of the Government of India Act 1935)
360: Provisions as to Financial Emergency
248: Residuary Powers of Legislation
249: Powers of Parliament to Legislate with Respect to any Matter in the State List in the
National Interest
250: Powers of Parliament to Legislate with Respect to any matter in the State list if
Proclamation of Emergency is in Operation
251: Inconsistency Between Laws Made By Parliament Under Articles - 249 & 250 and Laws
Made by State Legislature
254: Inconsistency Between Laws Made by Parliament and Laws Made by State Legislature
256: Obligation of States and the Union - Giving Direction to a State
257: Control of the Union over States in Certain Cases
368: Power of Parliament to Amend the Constitution and Procedure there of