Fedralism - Cooperative & Competitive


 Federal Features
  •  Dual polity at center and State
  • Written Constitution
  • Division of Powers
  • Supremacy of the Constitution
  • Rigid Constitution
  • Independent Judiciary
  • Bicameralism
Unitary Features
  • Strong Centre
  • Integrated Judiciary
  • Single Constitution
  • States Not indestructible
  • Flexibility of constitution
  • Emergency Provision
  • All India Services
  • No Equality of State Representation
  • Single Citizenship
  • Integrated Audit Machinery
  • Parliament's Authority over State List
  • Appointment of Governor
  • Integrated Election machinery
  • Veto Over state bills


About Federalism
  • Union of states and not Federation 
  • Indestructible Union of Destructible states
  • SR Bommai case of 1994: Federalism is the basic feature of the Constitution
  • Within the spheres allotted to them the states are supreme
  • Reason for adopting Federalism:
    • Large size of the country
    • Socio-cultural diversity
    • Effective governance
    • Reunites integrity with regionalism
Federalism
  • is like a rainbow each color is separated yet together they make a harmonious pattern
  • Based on the principle of unity and cooperation

Competitive Federalism
  • A system which allows State to compete and there by provide highest quality products at cheapest prices
  • Different level of governments competing with each other there by good governance
  • Not the part of Basic structure.
Benefits of Competitive federalism
  • Force multiplier for cooperative federalism
  • Bottom up approach
  • Promotes competition
  • Addresses political concern
  • Promotes innovation
  • More investment opportunities
Examples
  • Smart Cities
  • Investors Summit
    • Emerging East, Vibrant Gujrat, Progressive west,
  • Land reforms
    • GJ, MH, RJ, AP, UP
  • Labour reforms
  • Performance based Grants 
  • Niti Ayaog (mandate)
  • Earlier
    • AP and KN
  • Swachha Sarvekshan index (min of Urban deve. and quality council of India)
  • Index for Education
  • Ease of doing business among states
  • Innovation index
  • Health Index
  • Water Quality Index
  • Education Index
Challenges
  • Increased Complexity
  • Hindrance to investment
    • Protest
  • Speculative
  • Social Externalities
    • Inter and intra regional inequalities may aggravates
  • No clear evidences and policy
  • Corruption
  • Not a basic structure
Conclusion
  • Not a panacea
  • Just an engine of growth
  • Centre must keep interest of Backward states in mind
  • Competitive federalism a force multiplier to achieve the objective of cooperative federalism
  • Synergy: Cooperative and Competitive federalism
  • Should work in context of shared National Objective


Cooperative federalism
  • Administrative cooperation of centre and state government
  • Part of basic structure
Facilitators of CF
  • Till 1991 constitution was federal without federal experience 
  • After 1991
    • Regional parties
    • coalition democracy
    • Media and civil society
    • Judicial activism like Bommai case (1994)
    • concept of state rights
Features of CF
  • Concurrent list
  • AIS
  • Mutual delegation
  • Zonal council
  • New features:
    • Finances:
      • 15th FC
      • Coal auction: money to states
      • GST council
    • Reorganization of CSS
      • core of the core and optional schemes etc
    • Foreign policy:
      • Provincial leaders forum
      • CM's accompanying PM
        • Other needs:
          • TN-Sri Lanka
          • Pakistan-Kashmir
    • Administrative:
      • NITI 
  • Centre-State Investment Agreement to facilitate seamless execution of BRTAs
  • More than 9 state have adopted UDAY scheme including UP
  • Bihar prioritised for health, energy and panchyats where MP and RJ focusing on energy and social security
  • Coal Auction would go to state
  • International
    • Provincial Leaders Forum
      • Chief minister of AP and MH
    • Mamata Bangaldesh
  • Role of Rajya Sabha
  • GST Council
    • 2/3rd of states and 1/3 centre
    • Most of decision based on consensus
  • Inter-state council article 263
  • Part of basic structure
  • Model Act
  • Support
  • Reorganising CSS, Flexibility

States should work with in the context of shared national objective
Benefits

Challenges
  • centralization
    • Article 3, concurrent list etc
  • Inter state and center state disputes
  • Emergence of majority government at the center


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