It is perfectly possible to pervert the Constitution without changing the form by merely changing the form of administration and to make it inconsistent and opposed to the spirit of Constitution”. Comment in context of Indian federalism

Approach:

Introduction: Talk briefly about the unique federation or union of state The Constitution has provided for.

Body:

Changing form of administration, a challenge to federalism and Constitution:

• President rule
• Emergency power (Ex- Lockdown and other powers used by Centre during COvid-19)
• Governor’s role
• Controlling Indian administrative Services
• PMO dominated administration in parliamentary democracy where majority enjoyed by party in power changes form of government to Presidential form

Flexibility in administration as unique point of India Constitution:

• Addressing India’s diversity
• Handling crises in decisive manner (Ex- Covid-19 crisis)
• Union of states with Centre as an enabler
• Parliament’s power to fix accountability of the government
• Rise of regional parties with state having major share in administration deepening federalism

Suggestions:

• Less frequent use of President rule (Mention Sarkaria, Punchhi commission recommendations)
• Cooperative federalism by utilising platforms like Niti Aayog to implement decision which impacts many states
• Governor to exercise caution (Use SC’s judgement or Sarkaria recommendations)

The unique aspect of Indian federalism with flexibility should be prevented from becoming a concern. Thus, there is need to develop cooperative federalism to allay any concern arising in federalism in India.