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The document discusses federalism in India, highlighting the relationships between the central government and state governments, as well as local governance structures. It outlines the legislative, administrative, and financial relations defined by the Indian Constitution, including the division of powers and the supremacy of the central government in certain situations. The document also addresses historical factors that shaped the Indian federation and the implications of various constitutional provisions.

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Abhimanyu Singh
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0% found this document useful (0 votes)
37 views50 pages

Block 2

The document discusses federalism in India, highlighting the relationships between the central government and state governments, as well as local governance structures. It outlines the legislative, administrative, and financial relations defined by the Indian Constitution, including the division of powers and the supremacy of the central government in certain situations. The document also addresses historical factors that shaped the Indian federation and the implications of various constitutional provisions.

Uploaded by

Abhimanyu Singh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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Approaches to the Study State

Politics

BLOCK 2
FEDERALISM

29
Federalism
BLOCK 2 INTRODUCTION
India is a Union of states. Apart from the states as the principal units of governance
below the central state of India, there are local units of governance within every
state – the PRIs and municipalities. The block is about federalism in India. Four
units in this block discuss the nature of relationships between different units of
governance in India. Unit 3 is about legislative, administrative and economic
relations between the states and Union of India. Unit 4 deals with relations between
the state and local units of governance. Units 5 and 6 are about state autonomy,
and sub-regional autonomy and governance respectively.

30
Union–State Relations:
UNIT 3 UNION-STATE RELATIONS: Legislative, Economic and
Administrative
LEGISLATIVE, ECONOMIC AND
ADMINISTRATIVE*

Structure
3.0 Objectives
3.1 Introduction
3.2 Making of Indian Federation and Historical Factors
3.3 Legislative Relations between the Center and Sates
3.3.1 Union List
3.3.2 State List
3.3.3 Concurrent List
3.3.4 Residuary Powers
3.3.5 Center's Control and Supremacy Over State Legislation.
3.4 Administrative Relations between the Center and Sates
3.4.1 Center’s Directions to the States
3.4.2 Proclamation of Emergency under Article 352 and 356
3.4.3 Delegation of powers from Center to States
3.4.4 Appointment of Governor and Role of Governor
3.4.5 Interstate Water Resources and National Highways
3.4.6 Inter-State Council
3.4.7 All India Services
3.5 Center-State Financial Relations
3.5.1 Grant-in-aid
3.5.2 Finance Commission
3.5.3 NITI Aayog
3.5.4 Recent Developments - The Goods and Service Tax (GST)
3.5.5 The Constitution (One Hundred and First Amendment) Act 2016
3.5.6 Composition of GST Council
3.6 Attempts to Reform Center-State Relations- Sarkaria Commission
3.6.1 National Commission to Review the working of the Constitution (NCRWC)
3.6.2 Madan Mohan Punchhi Commission
3.7 Let Us Sum Up
3.8 References
3.9 Answers to Check Your Progress Exercise

3.0 OBJECTIVES
This unit deals with the nature of the Indian federation and the historical
circumstances that shaped the Indian federation. It also deals with various
Constitutional provisions related to the functioning of the Indian federation. After
reading this unit, you will be able to:
Explain the meaning of Federalism

*
Dr D.Ananda, Faculty of Political Science, School of Social Sciences, IGNOU, Maidan Garhi,
New Delhi-110068 31
Federalism Discuss the Indian federation and the historical factors that shaped
Elaborate upon the division of powers between Center and States and
Constitutional provisions
Identify the conflict areas in the working of the Indian Federation
Assess the nature of Indian federalism

3.1 INTRODUCTION
India is a Union of States. It is a federation. In the federal form of government,
political power is divided between the Centre or Union government and states/
parvincial governments. Both the Center and States derive their powers from the
Constitution and function in their respective jurisdiction independently. The
supremacy of the Constitution is one of the essential features of a federation.
Allocation of power between the Centre and the States is known as the division
of power. Division of power is different from the separation of powers. The
former is about the distribution of powers between the Union and the states, and
the latter is about the separation of powers among three organs of the State –
legislature, judiciary and executive. In India, the division of powers is allocated
in the Constitution of the country. In this unit, you will read about the arrangement
of distribution power in different aspects, i.e., legislative, administrative and
financial.

3.2 THE MAKING OF INDIAN FEDERATION


The evolution of the Indian federal system can be traced back to provisions that
were introduced in the pre-Independence period. The Government of India Act
1935 had established the federal form of Government. The Cripps Mission of
1942, the Cabinet Mission of 1946, and the objectives resolution proposed by
Nehru in the Constituent Assembly provided for a federal form of government.
However, because of India’s situation on the eve of Independence, the Indian
federal system needed to have a strong centre in relation to the states. After the
Second World War, the Indian economy faced deficits and food shortages. The
communal riots that accompanied India’s partition posed a severe question of
maintaining law and order. In such circumstances, the Constituent Assembly of
India underlined the need to introduce a strong centre within the federal
framework. Emphasising the need to have a strong centre, Constituent Assembly
S. Nagappa, member of the Constituent Assembly, said on 5th November 1948,
“Especially as we all know that we have won our freedom very recently. We
require sufficient time to consolidate it and retain it for all time to come for
another reason also the Centre has to be strong. Now let us not divide based on
provinces. So in order to unite all provinces and to bring about more unity, it is in
the country’s interest as a whole to have a strong centre” (CAD.vol.VII:252).
The Constituent Assembly felt that to drop the idea to have a strong centre would
risk India’s unity, integrity and nationhood. It is significant to mention that the
framers of the Indian Constitution deliberately avoided using the term
‘Federation.’ Instead of the federation, the Constitution describes India as a ‘Union
of States.’ The word federation is not even mentioned in the Constitution of
India. Article 1 describes “India, that is Bharat, shall be a union of states.” Dr.
B.R. Ambedkar explained the significance of using the expression’ Union of
states’ instead of the ‘Federation.’ He said, “what is important is that the use of
32 the word ‘Union’ is deliberate…. though the country and the people may be
divided into different states for convenience of administration, the country is Union–State Relations:
Legislative, Economic and
one integral whole, its people a single people living under a single imperium Administrative
derived from a single source.” (CAD.Vol.VII:43) Thus, the Constituent Assembly
was committed to the federal principle, and at the same time, convinced of the
need for a strong centre. Simultaneously, some scholars describe it as a federal
structure with a strong bias towards the Centre. Others feel that it is more unitary
than federal. K.C. Wheare terms it as a “Quasi-federal state.” This is a middle
position, which cannot be called a federation in the classical sense of the term.

3.3 LEGISLATIVE RELATIONS BETWEEN THE


CENTER AND SATES
Indian Constitution has established a federal polity. It has laid down a clear and
detailed division of powers between the Union government and the State
governments. The Constitution contains various provisions to regulate the
legislative, executive, and financial relations between the Union government
and the State governments. Let us discuss it. Articles 245 to 255 in Part XI of
India’s Constitution spell out legislative relations between the Centre and the
States. The Seventh Schedule of India’s Constitution contains the allocation of
powers and functions between the Centre and States. It has three lists 1) Union
List, 2) State List, and 3) Concurrent List.

3.3.1 Union List


The Union Parliament has exclusive powers to make legislation on the matters
included in the Union List. The Union list has 100 subjects at present. External
affairs, Defence, Communications, civil aviation, railways, inter-state trade and
commerce, banking, currency, insurance, etc., are crucial subjects in the Union
List.

3.3.2 State List


The State Legislatures have exclusive powers to make legislation on the matters
incorporated in the State List. The State list has 61 subjects at present; initially, it
consisted of 66 subjects. The laws made by a particular state legislature on the
subjects in state list apply to only that particular State. Law and order, police,
prison, Agriculture, land revenue, local government, public health, land liquor,
state public services, and fisheries are significant subjects in the State List.

3.3.3 Concurrent List


Both the Center and States can make laws on the subjects included in the
Concurrent List. The Concurrent list has 52 subjects at present. Initially, it
consisted of 47 subjects. The 42nd Constitutional Amendment Act 1976 shifted
five subjects to this list from the State List. Education, forests, electricity, weights
and measures, adulteration, adoption and succession, trade unions are important
subjects in the Concurrent List. In case of conflict between Union Law and State
Law on a subject incorporated in the Concurrent List, Union law prevails over
State law. However, there is an exception to this rule under Article 254 (2). The
law of the State legislature on any item in the Concurrent List shall prevail over
Parliament’s law on the same subject if the State law was reserved for the
President’s consideration and received President of India assent.
33
Federalism 3.3.4 Residuary Powers of Legislation
Article 248 of the Indian Constitution deals with the Residuary powers of
legislation. The Residuary powers legislation is given to Center, and Parliament
of India alone can make legislation on the subjects not included in any of the
above three lists. This residuary power consists of the power to levy any residuary
taxes also.

3.3.5 Center’s Control and Supremacy Over State Legislation


The above-mentioned distribution of powers between the Center and states is to
be followed in normal circumstances. However, the Central Government has
supremacy over states under certain exceptional situations. Constitution empowers
the Union Parliament to make laws on the subjects incorporated in the State List
in an emergency.
1) As per Article 249 of India’s Constitution, if the Rajya Sabha, because of
the nation’s interest, passes a resolution by a majority of two-thirds of its
members requesting Parliament make legislation on a State List subject,
Parliament makes such law. Such legislation made by Parliament shall
continue in operation for one year. However, it can be extended for one
more year if required.
2) Article 250 of India’s Constitution empowers the Parliament to make laws
on any State List subjects during the national emergency. However, the
Parliament’s laws under this provision will cease to operate on the expiration
of six months of the emergency. The state legislature’s power to make laws
on the same subject is not restricted. However, in case of disagreement
between State law and Parliament law, only the Parliament’s law prevails.
3) As per Article 252 of India’s Constitution, if two are more States’ legislatures
request Union Parliament through a resolution to make a law on a particular
subject mentioned in the State List, which is useful for states, the Parliament
makes such laws.
4) Article 253 of India’s Constitution authorises the Parliament to make law
for the whole or any part of India’s territory for implementing any treaty,
international agreement or convention with any other country or countries.
5) During the proclamation of President’s Rule in a State under Article 356 of
the Indian Constitution, the Union Parliament makes the laws over the
subjects included in the State List.
6) Besides the provisions mentioned above, the Center exercises control over
State legislation. Article 200 of India’s Constitution deals with the
Governor’s powers to assent given to the bills passed by the State legislature.
The Governor may reserve specific bills passed by the State legislature for
the consideration of the President of India. Moreover, the President enjoys
full powers over such bills to give or reject assent. The bills on some matters
incorporated in the State List need the President of India’s prior permission.
The President can direct the States to reserve money bills and other financial
bills passed by the State legislature for his consideration during a financial
emergency. (Article 200) The Constitution empowers the Governor to reserve
a bill for the President’s consideration. This is a significant discretionary
34
power of the Governor to ensure that the State’s laws fall within the Union–State Relations:
Legislative, Economic and
Constitution’s larger ambit. Contrary to reality, its procedure misused to Administrative
water down a bill legitimately passed by the state legislature.

Check Your Progress 1


Note: i) Use the Space given below for your answer.
ii) Check your answers with the model answers given at the end of the
unit.
1) Briefly explain the distribution of legislative powers between Center and
States?
.......................................................................................................................
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3.4 ADMINISTRATIVE RELATIONS BETWEEN


THE CENTER AND SATES
The Constitution of India established a strong central government with many
unitary features. In normal circumstances, state governments exercise their
constitutional powers within their jurisdiction. The executive power of the Center
covers the entire India. Similarly, the State executive power extends to its territory
relating to the State List subjects. However, the Union government exercise control
over the States’ executive powers in several ways as specified in various provisions
of the Constitution. According to Article 162 of India’s Constitution, the Union
Government’s executive power extends to all the subjects on which Parliament
can make laws. The State’s executive power shall be exercised in conformity
with the laws made by the Union Parliament. Let us discuss it.

3.4.1 Center’s Directions to the States


Article 256 of the Indian Constitution entrusts that every State’s executive power
is to be exercised in such a manner as to ensure compliance with the laws made
by the Union Parliament. Article 257 empowers the Union Government to give
necessary directions to a State for that purpose. The directions in this regard can
be issued about communication relating to national or military significance. The
Constitution also spells out the implications of non-compliance of the Centre’s
directions by the States. According to Article 365, if a State fails to comply with
any directions of the Union government, the President can hold that the State
government is unable to carry on according to the provisions of the Constitution.
Consequently, it can lead to the imposition of the President’s rule under Article
356.

3.4.2 Proclamation of Emergency under Article 352 and 356


Article 352 empowers the President of India to declare a national emergency
when the security of or part of India is in danger by war, external aggression or,
35
Federalism internal armed rebellion. During the national emergency, the Centre has the
executive power to direct any state regarding the manner in which the executive
power is to be exercised.

The Center can proclaim the President’s Rule under Article 356 of India’s
Constitution if there is a breakdown of Constitutional machinery in a State. During
this period, the Union Government can take direct control over State machinery.
The President (that means the central government) takes over any of the State
Government’s functions. Almost all the states in India have been kept under the
President’s rule, and this is one of the most controversial and most misused
provisions of India’s Constitution. The irony is that Dr B.R Ambedkar, on 4th
August 1949 in the Constituent Assembly, anticipates “such articles will never
be called into operation and that they would remain a dead letter.”
(CAD.vol.IX:111) The misuse of article 356 was started by the Nehru government
and continued by successive governments irrespective of party. Nehru dismissed
the Punjab government led by Gopichand Bhargava, despite commanding the
majority in the state Legislative Assembly. The Andhra state’s government was
dissolved in 1954, and in 1959 the communist government in Kerala dismissed
because of political reasons. The Janata Party came to power in 1977 and
dismissed all the state governments headed by the Congress party and dissolved
the Assemblies on the strange ground that Congress Party had lost the peoples’
mandate as it lost in Lok Sabha elections. Indira Gandhi returned to power in
1980 and dismissed all Janata Party governments in the States, stating the same
reason Janata Party had lost the peoples’ confidence.

3.4.3 Delegation of powers from Center to States


The President may assign specific functions to the State Government or its officers’
to which the executive power of the Union extends with some conditions or
unconditionally (Article 258 of the Constitution of India).

3.4.4 Appointment of Governor and Role of Governor


The Governor is the Constitutional Head of the State in India which is a Union
of states. The President of India appoints the Governor of a State. The Governor
performs functions as the agent of the Center and submits period reports to the
Center. Thus, the Center exercises control over States through the Governers’
office. Governor exercises certain discretionary powers. The discretion becomes
more common with reference to the following issues: the formation of the
government after the general elections, choosing the Chief ministerial candidate,
especially when there is no clear mandate to any political party in the legislature,
determining the timing for proving majority in Legislative Assemblies, give assent
to bills or reserving bills for the President of India.

3.4.5 Interstate Water Resources and National Highways


Parliament can declare Highways and Waterways as National Highways or
Waterways. Article 262 deals with waters of inter-state rivers and river valleys.
Parliament can also frame the rules and regulations regarding disputes between
two states or among the few states concerning water distribution.

36
3.4.6 Inter-State Council Union–State Relations:
Legislative, Economic and
Administrative
Article 263 of India’s Constitution gives power to the President to appoint an
Inter-State Council to inquire about the disputes that may have arisen between
the States; to investigate and discuss subjects in which the Sates or the Union
and States have a common interest; and, to make recommendations upon these
subjects and in the particular recommendation for the better coordination and
action in respect of these subjects.

3.4.7 All India Services


Both the Center and the States control the All India Services (IAS, IPS and IFS).
However, the Center has ultimate control over these services, whereas States
exercise immediate and relatively less control.

Check Your Progress 2


Note: i) Use the Space given below for your answer.
ii) Check your answers with the model answers given at the end of the
unit.
1) Write a short note on how the Center can exercise administrative control
over sates?
.......................................................................................................................
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.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................

3.5 CENTER-STATE FINANCIAL RELATIONS


The political autonomy of the federal units is incomplete without financial
autonomy. Therefore, the Constitution has provisions about distribution of
financial resources to the States. Articles 268 to 293 contained in Part XII of the
Constitution deal with Centre-State financial relations. As per Constitutional
mandate, no tax shall be levied or collected except by the authority of law (Article
265) . The Parliament has exclusive power to levy taxes on subjects incorporated
in the Union List, and the State legislature has exclusive power to levy taxes on
the State List subjects. Both Union and State governments can levy taxes on the
subjects enumerated in the Concurrent List. The residuary power of taxation lies
with Parliament only. Before the enactment of the 101st Constitution Amendment
Act, 2016 and the introduction of GST, taxation powers were divided between
the Centre and States. the Constitution spelt out the mechanism for levy and
appropriation of tax revenues between the Center and States under the Articles
268, 268A, 269, 270, and 271. The 101st amendment replaced various Central
and State taxes such as excise duty, service tax, sales tax, entry tax and
entertainment tax etc, and a uniform Good and Services Tax (GST) for the whole
country.
37
Federalism 3.5.1 Grant-in-aid
Besides sharing the tax revenues with States, the Center gives Grant-in-aid to
the needy states from its resources. Article 275 of the Indian Constitution
empowers the Parliament in this regard. Under article 282, both the Center and
States can make grants for any public purpose, and the Center gives discretionary
grants to States under this category also for public purposes.

3.5.2 Finance Commission


The Finance Commission is a constitutional body created to suggest centre-state
financial relations, mainly recommendations on distributing tax revenues between
the Union and the States. Article 280 of India’s Constitution empowers the
President of India to appoint Finance Commission to make recommendations on
the following: a) the distribution of net proceeds of taxes between the Center and
States; b) and, principles that govern the grant-in-aid of the revenues of the States
out of the Consolidated Fund of India.

3.5.3 NITI Aayog (National Institution for Transforming India)


The Union Government scrapped the Planning Commission and established
National Institution for Transforming India (NITI-Aayog), in its place with a
Cabinet resolution in 2014. It aimed to evolve a vision of national development
priorities, strategies with the active involvement of States. To promote cooperative
federalism through planned support initiatives and mechanisms, by promoting
the involvement of States in the economic policy-making process.

3.5.4 Recent Developments - The Goods and Service Tax (GST)


The notion of Goods and Service Tax (GST) is not a recent idea. Former Prime
Minister of India, Atal Bihari Vajpayee, introduced the idea of GST and set up a
committee in the year 2000 to plan and develop a design for the GST in India. In
2003, the Government of India formed a task force on Fiscal Responsibility and
Budget Management. The task force recommended replacing the existing tax
scheme by introducing a comprehensive tax on all goods and services replacing
Central and State level Value-Added Taxes (VATs). The committee recommended
the replacement of all indirect taxes except the customs duty with a uniform tax.

3.5.5 The Constitution (One Hundred and First Amendment)


Act 2016
The Constitutional Amendment is required to change the tax structure and
introduce GST. Such an amendment can empower the Centre and the States to
levy and collect GST. To deal with all these aspects, the Constitution 122nd
Amendment Bill introduced in the Lok Sabha in December 2014. The lower
house of the Parliament passed the Bill in May 2015. The Bill was passed in the
Rajya Sabha with few amendments and by the Lok Sabha in August 2016. The
Bill was ratified by the required number of States and received the President’s
assent on 8th September 2016 and enacted as the 101st Constitution Amendment
Act, 2016.

The Centre and the States’ financial powers are distinguished in the Constitution
without overlapping the respective spheres. “The Centre has the powers to levy
38
a tax on the manufacture of goods (except alcoholic liquor for human Union–State Relations:
Legislative, Economic and
consumption, opium, narcotics etc.) while the States have the powers to levy a Administrative
tax on the sale of goods. In inter-state sales, the Centre has the powers to levy a
tax (the Central Sales Tax), but the tax is collected and retained entirely by the
originating States. As for services, it is the Centre alone that is empowered to
levy Service Tax. The States not empowered to levy any tax on the sale or purchase
of goods on importation and exportation from India, the Centre levies and collects
this tax in addition to the Basic Customs Duty.” (http://www.gstcouncil.gov.in/
brief-history-gst, accessed on 15/03/2021).

3.5.6 Composition of GST Council


The 101st Amendment to India’s Constitution inserted Article 279A to empower
India’s President to establish the GST Council. Accordingly, the GST Council
was established in September 2016. The Goods and Service Tax Council consist
of the following members: 1) Union Finance Minister as Chairperson; 2) Union
Minister of State, who is in charge of Revenue or Finance will be a Member; 3),
and The Minister in charge of Finance or Taxation or any other Minister nominated
by each State Government are Members of GST Council. (Article 279A) The
council members may be, choose one amongst themselves to be the Vice-
Chairperson of the Council for such period as they may decide. The Goods and
Services Tax on inter-State trade or commerce supplies shall be levied and
collected by the Union Government. Such tax shall be apportioned between the
Union and the States in the manner as may be provided by Parliament by law on
the GST Council’s recommendations [Article 269A(1)].

The GST Council recommends the GST rate, exemption and thresholds, taxes to
be subsumed, and other matters. As per Article 279A (7), one-half of the total
number of members of the GST Council form quorum of meetings. The decisions
shall be taken by a majority of not less than three-fourths of the members’ weighted
votes present and voting. “The weightage of the Central Government vote shall
have one-third of the total votes cast, and all the State Governments weightage is
two-thirds of the total votes cast, in that meeting.”[Article 279A (9)]. The Center
and the States are expected to ensure that the exporting State transfers the credit
of State Goods and Service Tax (SGST) used for payment of Integrated Goods
and Services Tax (IGST) to the Centre. Likewise, IGST used for payment of
SGST would be transferred by the Centre to the importing State. IGST has to
be shared between the Centre and states in the ratio of 50:50. The Centre will
pay compensation to the states for loss of revenue due to the implementation of
GST. On the GST Council’s recommendation, Parliament by law provides
compensation for five years to the States for loss of revenue due to implementation
of the goods and services tax.

With the introduction of GST, the States lost their taxation rights, except on
petroleum, alcohol, and stamp duty. The states’ financial position is under severe
strain, resulting delays in payments and sharp capital expenditure cuts. The
outbreak of the Covid-19 pandemic aggravated the revenue shortfalls due to the
series of lockdowns since the last week of March 2020. The central government
had assured total compensation for losses occurs due to the introduction of GST
for five years. However, on 30th August 2020, the Union Finance minister
expressed Centers’ inability to pay the State’s dues in the wake of the Covid-19
Pandemic and terming it as an “Act of God.” States are critical on non-payment
39
Federalism of GST Compensation, as all the states are engaged in the battle against the
pandemic, and it requires enormous funds for facing the Covid-19 pandemic.
“GST compensation payments to states have been pending since April 2020…
The GST compensation requirement is estimated to be around Rs 3 lakh crore
this year, while the cess collection is expected to be around Rs 65,000 crore – an
estimated compensation shortfall of Rs 2.35 lakh crore.” (Indian Express, 1st
September 2020)

3.6 ATTEMPTS TO REFORM CENTER-STATE


RELATIONS- SARKARIA COMMISSION
Some attempts have been made to review and reform the Center-State relations.
On 9th June 1983, the Central Government appointed a commission to review the
Center-state relations under the Chairmanship of Justice R.S. Sarkaria and with
Shri B. Sivaraman and Dr.S.R. Sen as its members. The Commission was known
as Sarkaria Commission, named after its chairman. Sarkaria Commission
submitted its report in January 1988, and it contains 247 recommendations. The
Commission did not favour structural changes and nor did it recommend diluting
the central Government’s powers. However, it suggested improvements in the
operations aspects. It made several recommendations. Its important
recommendation is the establishment of the Inter-State Council under Article
263. Prior consultation was needed with the States by the Centre before enacting
a law relating to a Concurrent List subject and minimal use of Article 356. On
the Sarkaria Commission’s recommendations, the National Front Government
established the Inter-State Council in1990.

3.6.1 National Commission to Review the working of the


Constitution (NCRWC)
On 26th January 2000, the Constitution of India completed fifty years of
functioning. The BJP led National Democratic Alliance (NDA) government on
22nd February 2000 appointed a National Commission to Review the Working of
the Constitution of India, under the chairmanship of justice M.N Venkatachalaiah,
former Chief Justice of the Supreme Court, in light of the experience of the past
fifty years, as to how the Constitution can respond to changing needs of the time
in the best possible way. Pertinent to mention here, Justice R.S. Sarkaria is one
of the members of the NCRWC. The Commission submitted its report on 31st
March 2002 made several recommendations on Center-State relations.

3.6.2 Madan Mohan Punchhi Commission


On 27th April 2007, the Government of India constituted a Commission on Centre-
State Relations under Justice Madan Mohan Punchhi, former Chief Justice of
India, to examine Centre-State relations. The Commission examined and reviewed
the legislative, administrative and financial relations, role of Governors,
emergency provisions, economic and social planning, Panchayati Raj institutions,
sharing of resources, including inter-state river water. The Commission made
273 recommendations in its report presented to Government on 30th March 2010.
(http://interstatecouncil.nic.in/first-administrative-reforms-commission/ accessed
on 15/03/2021)

40
Check Your Progress 3 Union–State Relations:
Legislative, Economic and
Note: i) Use the Space given below for your answer. Administrative

ii) Check your answers with the model answers given at the end of the
unit.
1) Discuss the recent developments in Center-State financial relations.
.......................................................................................................................
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3.7 LET US SUM UP


After reading this unit, you must be familiar with the various constitutional
provisions dealing with the Union and its relations with its federal Units, i.e.,
India’s states. There are provisions in the Constitutional Scheme to distribute
Legislative, Executive, and Financial powers between the Center and States.
The Union government has extensive powers to regulate and control the States
during emergencies. Therefore, the Indian Constitution has moved away from
the traditional federal model and described it as “The Union of States” at the
beginning of the Constitution. The Indian federal structure is designed to take
care of India’s diversity and heterogeneity under specific historical circumstances.
In recent years, with the introduction of Goods and Service Tax, the Center-State
financial relations have got transformed as it replaced all indirect taxes except
the customs duty. The GST Council is established to recommend the GST rate,
exemption, and taxes, and other matters related to the new tax system. Several
attempts have been made to reform the Center-State relations appointment of the
Sarkaria Commission is a significant landmark in this direction.

3.8 REFERENCES
Arora, Balveer & Verney, Douglas (eds.) (1995), Multiple Identities in a Single
State: Indian Federalism in a Comparative Perspective, New Delhi: Konark.
Arora, Balveer, Kailash, K.K., Saxena, Rekha and Suan, H. Kham Khan. (2013)
‘Indian Federalism’ in K.C. Suri & Achin Vanaik (eds.), Indian Democracy,
ICSSR Research Surveys and Explorations in Political Science Volume 2, Delhi:
Oxford University Press.
Austin, Granville. 1966. Indian Constitution Cornerstone of a Nation. Delhi:
Oxford University Press.
________ 1998. Working A Democratic Constitution-The Indian Experience.
New Delhi: Oxford University Press.
Bakshi, M. P. (2003). The Constitution of India, New Delhi, India: Universal
Law Publishing.
Basu, D.D. 1997. Introduction to the Constitution of India. New Delhi: Prentice-
Hall of India Pvt Ltd. 41
Federalism Constituent Assembly Debates. Official Report 1999. New Delhi: Loka Shaba
Secretariat.
Constitution of India. Original Text, Copyright 2000. Government of India.
Kashyap, C. Kashayap. 1998. Perspectives on Constitution. New Delhi: Shipra
Publications.
Mukherji. Nirmal & Arora, Balveer (ed.), 1992. Federalism in India: Origins
and Development, Vikas, New Delhi.
Rao, Siva, B. 1968. The Framing of India’s Constitution, Vol-I. New Delhi: Indian
Institute of Public Administration. Wheare, K C (1951). Federal Government.
London: Oxford University Press.
Internet Sources
The Goods and Service Tax Council website: http://www.gstcouncil.gov.in/
The Inter-State Council website: http://interstatecouncil.nic.in/
The Ministry of Law and Justice website: https://lawmin.gov.in/
The Ministry of Home Affairs website: https://www.mha.gov.in/
The Parliament of India website: https://parliamentofindia.nic.in/
The NITI Aayog website: http://niti.gov.in/

3.9 ANSWERS TO CHECK YOUR PROGRESS


EXERCISE
Check Your Progress 1

The Seventh Schedule of India’s Constitution contains the allocation of powers


and functions between the Centre and States. It has three lists 1) Union List, 2)
State List, and 3) Concurrent List. The Union Parliament has exclusive powers
to make legislation on the subjects included in the Union List. The State
Legislature has exclusive powers to make legislation on the matters incorporated
in the State List. Both the Center and States can make laws on the subjects included
in the concurrent list; however, if both Center and States make legislation over a
particular subject of the Concurrent list and if any contradiction between both
laws, only central law will prevail.

Check Your Progress 2

The Constitution of India establishes the strong Center over States. The Union
government exercises control over the States’ executive powers in several ways
as under the Constitution’s various provisions. Article 256 of the Indian
Constitution states that every State’s executive power is to be exercised in such
a manner as to ensure compliance with the laws made by the Union Parliament.
Article 257 empowers the Center to give directions to a State for that purpose.
The Center can proclaim the President’s Rule under Article 356 of India’s
Constitution. The Center can assign some functions to the State Government
with some conditions or unconditionally. The President of India appoints the
Governor of a State, and he acts as an agent of Center. The Center has ultimate
control over the All India Services.

42
Check Your Exercise 3 Union–State Relations:
Legislative, Economic and
Administrative
The new taxation system, the Goods and Service Tax (GST) is introduced in
India. The 122nd Constitutional Amendment Bill was introduced to empower the
Centre and the States to levy and collect GST. The Bill was passed in the
Parliament and ratified by the required number of States, and got the
President’assent and came into force as the 101st Constitution Amendment Act,
2016. The 101st Amendment to India’s Constitution establishes the GST Council
to recommend the GST rate, exemption and thresholds, taxes to be included, and
other matters. The Goods and Service Tax shall be distributed between the Union
and the States on the GST Council’s recommendations.

43
Federalism
UNIT 4 STATE-LOCAL RELATIONS*

Structure
4.0 Objectives
4.1 Introduction
4.2 Framing of India’s Constitution and Panchayati Raj
4.3 Milestones of Local Governments in India
4.3.1 Community Development Programme (CDP) and National Extension Services
(NES.)
4.3.2 Balvant Rai Mehta Committee
4.3.3 Ashok Mehata Committee
4.3.4 G V K Rao Committee
4.3.5 LM Singhvi Committee
4.4 The Constitution (Seventy-third Amendment) Act, 1992
4.4.1 Mandatary Provisions
4.4.2 Voluntary Provisions
4.5 Devolution of Powers to Rural Local Bodies
4.6 The 74th Constitutional Amendment Act 1992 and Urban Governments
4.7 Devolution of Powers and Functions to Urban Local Bodies
4.8 District Planning Committee
4.9 Functioning of Local bodies
4.10 Let Us Sum Up
4.11 References
4.12 Answers to Check Your Progress Exercises

4.0 OBJECTIVES
The Constitution of India established democratic governments at the Center,
States, and Local Levels. In this unit, you will study the relationship between the
state government and institutions of local governance, i.e., constitutional
arrangements and the importance of local governments. After reading this unit,
you should be able to
Explain the evolution of local Self-government in India
Discuss the constitutional structure of Local Self-government in India
Elaborate upon constitutional provisions for rural and urban local
governments in India and the decentralisation pattern in India with reference
to the 73rd and 74th Constitutional amendments.

4.1 INTRODUCTION
There are two local governments, in the rural areas (Panchayats) and urban areas
(Municipalities) under Indian Constitution. Initially, the Indian Constitution
provided a clear division of powers between the Centre and the States. (you have
*
Dr D.Ananda, Faculty of Political Science, School of Social Sciences, IGNOU, Maidan Garhi,
44 New Delhi-110068
already learned about it in detail in unit 3). Later, the 73rd and 74th Constitutional State–Local Relations
Amendment Acts (1992) set up three-tier local governments. The 73rd Amendment
Act of 1992 gave the Panchayats (rural local governments) constitutional status
by adding a new Part IX and 11th Schedule to the Constitution. Similarly, the 74th
Amendment Act of 1992 gave the constitutional status to municipalities (urban
local governments) by adding a new Part IX-A and 12th Schedule to the
Constitution. So now the Constitution provides for a three-tier Panchayati raj
system in every State:
1) Panchayats at the village level,
2) Block or Taluk Panchayats at the intermediate level, and
3) Zilla Parishad or Panchayats at district levels.
Apart from Rural Local bodies, it also provides three types of urban bodies in
every State:
1) Nagar Panchayats for a transitional area
2) Municipal Council for a smaller urban area
3) Municipal Corporation for a larger urban area
Let us discuss the idea and evaluation of local self-governments in India
elaborately

4.2 FRAMING OF INDIA’S CONSTITUTION AND


PANCHAYATI RAJ
The first session of the Constituent Assembly started on December 9th, 1946, to
frame India’s Constitution. The task before the Constituent Assembly members
was to provide a vision for the economic reconstruction of India. Economic
reconstruction implies transforming India’s rural economy, agriculture and
industry through a scientific and planned development model. It also presupposes
that building up an economic system that promotes people’s welfare removes
inequalities, fulfills basic needs of life, and ensures a good quality of life. Mahatma
Gandhi was a firm believer of Gram Swaraj. In this context, Gandhian followers
in the Constituent Assembly underlined the significance of the Indian indigenous
tradition and decentralised polity based on village Panchayats. He was an
uncompromising champion of economic and political decentralisation, i.e.,
village-based Panchayat system.

Srimannarain Agarwal, a prominent Gandhian, prepared a Gandhian model


constitution and submitted it to Constituent Assembly for its consideration. This
model suggested a democratically constituted Panchayati be the primary political
unit. It suggested that Panchayat’s jurisdiction should cover subjects such as law
and order, land revenue, co-operatives, village industries, etc. It also suggested
that there should be indirectly elected bodies at taluq and district levels Panchayats.
These bodies were supposed to perform advisory functions, and the members of
district municipalities and Panchayatis could comprise all India Panchayats. Arun
Chandra Guha, one of the prominent Gandhian in the constituent assembly,
highlighted the main features Gandhian model of a constitution signifying village
Panchayats. He said, “we have been taught to think of village Panchayats as a
future basis for administrative machinery. The Gandhian and Congress outlook
45
Federalism has been that the future Constitution of India would be a pyramidal structure,
and its basis would be the village Panchayats (CAD.vol.VII:256). The blueprint
of the Gandhian Constitution, which emphasised the primacy of the village as a
unit of economic and political governance, received little response in the
constituent assembly. While introducing the draft Constitution, Dr. B.R. Ambedkar
said in the assembly, “I hold that these village republics have been the ruination
of India. I am therefore surprised that those who condemn provincialism and
communalism should come forward as champions of the village. What is the
village but a sink of localism, a den of ignorance, narrow-mindedness, and
communalism.”(CAD.vol.VII:38). Although the Gandhian model of the
decentralised Panchayatis-based constitution did not find wide support in the
Constituent Assembly, the Gandhian concept of Panchayati Raj found its way
into the Directive Principles principles of State Policy under Article 40 of the
Indian Constitution. According to Article 40, “The State shall take steps to organise
village panchayats and endow them with such powers and authority as may be
necessary to enable them to function as units of self-government.” (Article 40)

4.3 MILESTONES IN LOCAL GOVERNMENTS IN


INDIA
In the post-Independence period, the Panchayats have played significant roles in
implementing and extending public policies at the local level of governance in
Indian. This section of the unit deals with some milestones of local governance
in India.

4.3.1 Community Development Programme (CDP) and National


Extension Services (NES.)
The Community Development Programme was launched on October 2nd, 1952,
to mark Gandhi’s birth anniversary. It was the first programme following
Independence, aiming to promote people’s participation in local development
activities. Villages became a major focus of attention its first five-year plan, and
the plan document stressed that “We believe that the Panchayati will be able to
perform its civic functions satisfactorily only if these are associated with an
active process of development in which the village Panchayat is itself given an
effective part. Unless a village agency can assume responsibility and in- initiative
for developing the resources of the village, it will be difficult to make a marked
impression on rural life, for only a village organisation representing the
community as a whole can provide the necessary leadership.” (First Five Year
Plan)

One year after the launch of CDPs in 1952, the government decided to launch
the National Extension Service (NES) on October 2nd, 1953. The NES was
implemented in the areas not covered by CDP. The main aim of NES was to
extend scientific and technical help to the villagers to improve their economic
and social conditions. Following the introduction of the NES, t the entire country
would benefit from the development policies targeting village society.

4.3.2 Balvant Rai Mehta Committee (1957)


Five years after introducing the Community Development Programme (CDPs),
The Planning Commission appointed on 16th Januar1957 a committee known as
46
Balwant Rai Mehta Committee after the name of its chairman Balwant Rai Mehta State–Local Relations
to examine the impact of CDPs and NES. The Committee submitted its report on
November 24th, 1957, and recommended establishing a three-tier Panchayati
Raj system: 1) Gram Panchayat at the village level, 2) Panchayat Samiti at the
block or Taluk level; 3) and Zilla Parishad at the district level. The other significant
recommendations of the committee were that the government should divest itself
completely of specific duties and responsibilities and devolve them to a body
that will have the entire charge of all development work within its jurisdiction;
the government should reserve with it only the functions relating to guidance,
supervision, and higher planning. It also recommended that an efficient self-
governing institution be set up with its jurisdiction co-extensive with a
development block at the block level. Indirect elections from the Panchayatis
should constitute the Panchayati Samiti.

4.3.3 Ashok Mehata Committee (1977)


After the Janata Government came to power, in Center appointed a committee
on Panchayati Raj institutions under Ashok Mehta’s chairmanship in December
1977 to suggest measures to revive and strengthen the Panchayati Raj system in
India. The Committee submitted its report in August 1978 with 132
recommendations to revive and strengthen the Panchayati Raj system. The
committee’s key recommendations were: the two-tier system should replace the
3-tier system of Panchayati Raj, i.e., Zilla Parishad at the district level, and
Mandal Panchayati or Parishad consists of few villages covering a population of
15000 to 20000. A district should be the first point for decentralisation, and Zila
Parishad should be the executive body responsible for planning at the district
level. The Panchayati Raj institutions should have powers of taxation to mobilise
their financial resources.

4.3.4 G V K Rao Committee (1985)


The GVK. Rao Committee was appointed by Planning Commission in 1985 to
look into various aspects of Panchayati Raj Institutions (PRIs) and its existing
administrative arrangements for poverty alleviation programmes. The
Committee’s major suggestions were, the PRIs have to be activated and provided
with all the necessary support to Panchayati Raj Institutions at the district, Taluk,
and Village level should be assigned local planning work, implementation, and
monitoring of rural development programmes.

4.3.5 LM Singhvi Committee (1986)


The Rajiv Gandhi government set up L. M Singhvi Committee in 1986 to study
the problems faced by Panchayati raj institutions. The Singhvi Committee’s
significant recommendation was that local self-government should be given
constitutional status by incorporating a new chapter in India’s Constitution. The
Committee also recommended the Non-involvement of political parties in
Panchayati elections. However, the idea of giving constitutional status to PRIs
gained momentum with the patronage of the Rajiv Gandhi government at the
Center.

47
Federalism Check Your Progress 1
Note: i) Use the Space given below for your answer.
ii) Check your answers with the model answers given at the end of the
unit.
1) What are the significant recommendations of the Balvant Rai Mehta
Committee?
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.......................................................................................................................
.......................................................................................................................
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4.4 THE CONSTITUTION (SEVENTY-THIRD


AMENDMENT) ACT, 1992
The Panchayati Raj system in India was inaugurated by the then Prime Minister
Jawaharlal Nehru on 2nd October 1959 at Nagour in Rajasthan. After that, the
different states implemented the Panchayati Raj system. However, until the 73rd
Constitutional Amendment Act, 1992, The Panchayati Raj Institutions did not
acquire viable and responsive institutions due to the lack of Constitutional Status.
Apart from that, the absence of regular elections, inadequate representation of
weaker sections such as Scheduled Castes, Scheduled Tribes, and women,
inadequate devolution of powers, and lack of financial resources are significant
limitations of the Panchayati Raj Institutions. In order to remove this limitation,
in July 1989, the Rajiv Gandhi Government introduced the 64th Amendment
Bill in the lower house of Parliament. However, the bill got defeated in the Rajya
Sabha. Later, under the leadership of Viswanath Pratap Singh, the National Front
Government introduced the 74th Constitutional Amendment Bill, which could
not become an Act because of the dissolution of the Ninth Lok Sabha. However,
finally, the PRIs were granted constitutional status on April 24th, 1993, with the
passage of the 73rd Constitution Amendment Act, 1992, during the tenure of PV
Narasingha Rao as prime minister. Since then, April 24th celebrated as National
Panchayat Raj Day. The local government is a state subject in Schedule Seven of
the Indian Constitution. Hence, the state governments need to enact at the state
level. Rajasthan leads the way in accepting the scheme of democratic
decentralisation of a three-tier system of local bodies at the village, block, and
district levels. The elections under Rajasthan Panchayati Samitis and Zilla
Parishads Act, 1959, were held in September-October 1959. The Panchayati Raj
system was inaugurated by the then Prime Minister Jawaharlal Nehru on 2nd
October 1959 at Nagour in Rajasthan. After that, the different states implemented
the Panchayati Raj system. The 73rd Amendment Act inserted a new Part-IX to
the Constitution, and it consists of provisions for Panchayats from Article 243 to
243 O, which define the details and the powers and functions.

4.4.1 Mandatary Provisions


Among the key features of the 73rd Amendment Act are mandatory provisions
48 and voluntary provisions. The mandatory provisions of the Panchayati Raj Act
are those that strengthen the participation of people at the local level. They are, State–Local Relations
1) organisation of Gram Sabha, 2) the establishment of Panchayats at intermediate
or middle and district levels (Article 243-B), 3) direct elections in all seats in the
panchayats at all levels (Article 243-C), 4) indirect elections to the post of
Chairperson of panchayats at intermediate and district levels (Article 243C), 5)
twenty-one (21) years of minimum age for contesting elections to Panchayats,
6) reservation of seats and chairperson offices for SCs and STs at all levels (Article
243D), 7) reservation of one-third seats and chairperson offices for women (Article
243D), 8) fixed five years tenure for Panchayats at all levels and holding fresh
elections in case of dissolution of any panchayat (Article 243E), 9) The
amendment Act stipulates that establishing two state-level commissions. These
are (1) State Election Commission (Article 243K), an independent body, to
supervise and conduct the elections to local bodies.; and (2) State Finance
Commission (Article 243-I) to review the Panchayats’ financial position and
recommend the Governor distribution and determination taxes, duties, tolls, fees
between the State and the Panchayats; The grants-in-aid to the Panchayats from
the Consolidated Fund of the State.

4.4.2 Voluntary Provisions


The Panchayati Raj Act has some voluntary provisions, 1) Providing
representation to the Parliament and State Legislature members in the Panchayats
falling within their constituencies. 2) Providing reservations of seats and
chairpersons for the Backword Classes in local bodies at all levels. 3) Granting
powers to the Gram Sabha, the electorate of a village panchayat with powers and
functions at the village level to function as an institution of self-government
(Article 243A). 4) Devolution of powers and authority to panchayats for
development and social justice dealing with 29 subjects, which are listed in the
Eleventh Schedule of the Constitution of India (Article 243G) 5) Granting
financial powers to the Panchayats (Article 243H) aimed to increase financial
resources by authorising them to levy, collect and appropriate taxes, duties, tolls,
and fees.

All States have enacted new Acts or incorporated changes in their existing acts
in conformity with the 73rd Amendment Act. As a result, they now have a uniform
three-tier structure of local governments. At the village level, the Gram Panchayat
covers a village or group of small villages. At the intermediate level of Taluka or
Mandal or Block Panchayats (Panchayat Samithi) and the district level, Zilla
Panchayat (Zilla Parishad) covers the entire rural area of the district. However,
the states with less than 20 lakhs may not constitute the panchayats at the middle-
tire or intermediate level.

The provisions of Part IX of the constitution of India relating to Panchayats do


not apply to the Fifth Schedule Areas. However, the Parliament has the power to
extend the provisions to Scheduled Areas without any constitutional amendment.
Accordingly, the Parliament enacted the Provisions of the Panchayats (Extension
to the Scheduled Areas) Act of 1996. This Act is otherwise known as PESA Act.
The primary purpose of the PESA Act is to extend the provisions of Panchayats
to the Scheduled Areas with certain flexibility as per the requirements of the
Scheduled areas.

49
Federalism
4.5 DEVOLUTION OF POWERS TO RURAL
LOCAL BODIES
The Constitution (Seventy-third Amendment) Act, 1992 added the Eleventh
Schedule to the Constitution of India with effect from April 24th,1993. It deals
with the provisions that specify the powers, authority, and responsibilities of the
Panchayats. It has the following wide range of comprehensive 29 subjects (Article
243G):
1) Agriculture, including agricultural extension.
2) Land improvement, implementation of land reforms, land consolidation, and
soil conservation.
3) Minor irrigation, water management, and watershed development.
4) Animal husbandry, dairying, and poultry.
5) Fisheries.
6) Social forestry and farm forestry.
7) Minor forest produce.
8) Small scale industries, including food processing industries.
9) Khadi, village, and cottage industries.
10) Rural housing.
11) Drinking water.
12) Fuel and fodder.
13) Roads, culverts, bridges, ferries, waterways, and other means of
communication.
14) Rural electrification, including distribution of electricity.
15) Non-conventional energy sources.
16) Poverty alleviation programme.
17) Education, including primary and secondary schools.
18) Technical training and vocational education.
19) Adult and non-formal education.
20) Libraries.
21) Cultural activities.
22) Markets and fairs.
23) Health and sanitation, including hospitals, primary health centers, and
dispensaries.
24) Family welfare.
25) Women and child development.
26) Social welfare, including the welfare of the handicapped and mentally
retarded.
27) Welfare of the weaker sections, and in particular, of the Scheduled Castes
and the Scheduled Tribes.
50
28) Public distribution system. State–Local Relations

29) Maintenance of community assets. (The Eleventh Schedule of the


Constitution of India)

Check Your Progress 2


Note: i) Use the Space given below for your answer.
ii) Check your answers with the model answers given at the end of the
unit.
1) What is the significance of Gram Sabha in Rural Government?
.......................................................................................................................
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.......................................................................................................................
.......................................................................................................................

4.6 THE 74TH CONSTITUTIONAL AMENDMENT


ACT 1992 AND URBAN GOVERNMENTS
The 74th Constitutional Amendment Act aims to give Constitutional status to the
urban local governments (municipalities) similar to the rural local governments
given by the 73rd Amendment Act. The Constitution 74th Amendment Act 1992
was passed by the Parliament in 1992. .The 74th Amendment Act inserted a new
Part-IX-A to the Constitution, and it consists of provisions relating to
Municipalities from Article 243-P to 243-ZG. They define the powers and
functions of the municipalities. The Act provides a common framework for the
structure and mandate of urban local bodies. The government of India notified
June 1st, 1993, as the date from which the 74th Amendment Act came into force.

The Act provides three types of municipalities: 1) Nagar Panchayat for a


transitional area (The area in transition from rural to urban). 2) Municipal Council
for a smaller urban area and 3) Municipal Corporation for a larger urban area.
The members of the municipality are elected directly by the people of the
municipal area. Moreover, for this purpose, each municipal area is divided into
territorial constituencies, known as Wards. In the smaller municipalities, the
average population per ward ranges from 1500 to 6000 people. However, in
larger cities, the average Ward population may be from 30,000 to 200000 people.
The State Legislature has the authority to specify the procedure for the election
of the chairpersons of municipalities. The Act provides reservations for SCs,
STs, and women at all levels of the municipal bodies. The Lok Sabha Member
(MP) and MLAs of State representing constituencies that comprise wholly or
partly the municipal area concerned are the voting members in the municipality.
The State Legislature is empowered to specify the procedure of election of the
chairpersons of municipalities. The term of a municipal body is five years, and
the State Election Commission conducts its elections. In case of dissolution of
municipality earlier than its tenure, fresh elections must be conducted within six
months from its dissolution. However, a municipality reconstituted after premature
dissolution does not have a tenure of five years. It remains in office only for the
51
Federalism remainder of the tenure of the previous municipality. There is one exception; it
shall not be necessary to hold elections for constituting a new Municipal council
if the reminder period is less than six months.

4.7 DEVOLUTION OF POWERS AND


FUNCTIONS TO URBAN LOCAL BODIES
The urban local governments are not entirely free from governmental control.
The urban local governments work within limits prescribed by the state Municipal
Act which creates and governs them. Article 243-W of the Indian Constitution
deals with the powers and functions of municipalities and the State legislature. It
bestows the municipalities with powers and responsibilities that are necessary
for them to function as local government. Powers, authority, and responsibilities
of the municipalities are specified in the Twelfth Schedule of the Constitution;
the following 18 subject matters fall under the jurisdiction of municipalities with
effect from June 1st, 1993.
1) Urban planning, including town planning.
2) Regulation of land use and construction of buildings.
3) Planning for economic and social development.
4) Roads and bridges.
5) Water supply for domestic, industrial, and commercial purposes.
6) Public health, sanitation conservancy, and solid waste management.
7) Fire services.
8) Urban forestry, protection of the environment, and promotion of ecological
aspects.
9) Safeguarding the interests of weaker sections of society, including the
handicapped and mentally retarded.
10) Slum improvement and up-gradation.
11) Urban poverty alleviation.
12) Provision of urban amenities and facilities such as parks, gardens,
playgrounds.
13) Promotion of cultural, educational, and aesthetic aspects.
14) Burials and burial grounds; cremations, cremation grounds; and electric
crematoriums.
15) Cattle pounds; prevention of cruelty to animals.
16) Vital statistics, including registration of births and deaths.
17) Public amenities including street lighting, parking lots, bus stops, and public
conveniences.
18) Regulation of slaughterhouses and tanneries. (The Twelfth Schedule of the
Constitution of India)
52
Check Your Progress 3 State–Local Relations

Note: i) Use the Space given below for your answer.


ii) Check your answers with the model answers given at the end of the
unit.
1) Explain the significance of the 74th Constitutional Amendment Act?
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.......................................................................................................................
.......................................................................................................................
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4.8 DISTRICT PLANNING COMMITTEES


Article 243-ZD mandates the formation of District Planning Committees to
consolidate the plans prepared by both rural and urban local bodies. The state
legislature makes provisions for the composition of such a committee. Not less
than four-fifths of the members must be elected from amongst themselves by the
elected members of the District Panchayat and Municipalities in the district. Its
primary purpose is to consolidate the plans prepared by Panchayats and
municipalities in the district and prepare a draft development plan for the district.
It is then forwarded to the state government. Similarly, every metropolitan area
shall have a Metropolitan Planning Committee to prepare a draft development
plan.

4.9 FUNCTIONING OF LOCAL BODIES


The state government exercises control over the local bodies. The government
can review, modify or reject the proposals of the local bodies. The state
government can remove the members of the local bodies under certain
circumstances through prescribed procedures. The state governments conduct
periodic inspections also. The state government executes the no-confidence
motions passed by the local bodies and dissolves these bodies in certain
circumstances within the Act’s provisions.

The function of the panchayats is to prepare annual plans for the area. The Gram
Sabha functions as a deliberative and decision-making body. The Panchayats are
also be vested with the power to levy and collect taxes. It passes the annual
budget and discusses the major problems of the village. It is also responsible for
identifying or selecting persons as beneficiaries for various Central and State
poverty alleviation and other programmes. It is an aspect of direct democracy at
the lowest level of governance. All social groups, including the marginalised
sections, can participate in the decision-making process in the Gram Sabha
meetings. The active functioning of the Gram Sabha would ensure a transparent
administration and participatory democracy.

However, in the majority of villages, Gram Sabha meetings are reduced to a


mere formality. In several villages, the dominant communities do not let the
SCs, STs, or OBCs communities elected to the Panchayat perform their duties
53
Federalism independently. In several instances, the husbands or other family members of
women panchayat heads act as de-facto leaders and decision-makers in the PRIs.

Though the village panchayat level elections were conducted on a party-less and
non-political party symbol basis, the major political parties either field their
candidates as apolitical or campaign for independent candidates. Political parties
and their leaders consider winning these local bodies crucial in MP and MLA
general elections. The parties use candidates who win local body elections with
their support to consolidate their vote banks. The ordinary people depend on
these local leaders to benefit from the welfare schemes of the Centre and State.
The party that controls the local bodies identify the people who support them
and accommodate them while identifying beneficiaries for various welfare and
development schemes. The state governments use the populist welfare schemes,
and freebies like cheap rice and wheat, free colour TVs, mixer grinders, Dothi
and sarees, subsidised housing, free education, fee reimbursement, scholarships,
and free electricity for farmers, etc. are designed and delivered through the local
bodies and local leaders such as Sarpanch, Taluk/Block Parishad, Zilla Parishad
members, MPs and MLAs for electoral gains. Apart from that, the local leaders
who hold some position or office of local bodies with solid connections with
people at grassroots levels use their positions to get tickets to contest state
assembly or Lok Sabha elections.

The local bodies do not have sufficient funds for spending on programmes and
schemes. The Panchayats are mainly dependent on grants from State and Union
governments. A significant portion of grants received from the State and Union
governments are scheme-specific. The local revenue collection is very meager
and negligible. Even the state governments are lost their majority revenue
resources and depending on the Union government to get their share of revenue
after the introduction of Goods and Service Tax (GST). State governments cannot
devolve funds to local bodies because of the tight fiscal position. This financial
dependence and grossly inadequate resources considerably compressed the local
bodies to function as units of self-government.

4.10 LET US SUM UP


The enactment of The Constitution (73rd Amendment) Acts, 1992, and The
Constitution (74th Amendment) Acts, 1992 generally known as the Panchayati
Raj Act, and the Nagarpalika Act, respectively, are landmarks in the development
of local self-government in India. The amendments bestowed constitutional status
to the rural and urban local governments for providing mandatory regular elections
as per schedules and time. The amendments provided reservations for the SCs,
the STs, the OBCs, and women at all levels in local bodies. The provisions of
these acts are the impetus for promoting greater community participation in
different marginalised sections of society in achieving developmental goals in
the true spirit of local self-government. These Amendments provided
constitutional status to the institutions of local rural and urban governance.
However, the powers, functions, financial strength, and autonomy of the local
government institutions largely depend on the state governments. The local bodies
do not have sufficient funds for spending on programmes and schemes depending
on State and Central governments. The financial dependence of the local bodies
is the major hindrance to the functioning of self-government. Nevertheless, the
local governments continue to play a significant role in implementing various
54
development and welfare schemes of Central and State governments. Thus, the State–Local Relations
local governments have contributed towards strengthening participatory
democracy at the grass-root level.

4.11 REFERENCES
Austin, Granville. 1998. Working A Democratic Constitution-The Indian
Experience. New Delhi: Oxford University Press.
Basu, D.D. 1997. Introduction to the Constitution of India. New Delhi: Prentice-
Hall of India Pvt Ltd.
Bhattacharya, Mohit and Prabhat K. Dutta, 1991, Governing Rural India, Uppal
Publishing House.
Chandrashekar, B.K. (ed.), Panchayati Raj In India – Status Report 1999 – Task
Force on Panchayati Raj, Rajiv Gandhi Foundation, New Delhi, March 2000.
Constituent Assembly Debates. Official Report 1999. New Delhi: Loka Shaba
Secretariat.
Constitution of India. Original Text, Copyright 2000. Government of India.
Jha, N. S. and P. C. Mathur (eds) (1999). Decentralisation and Local Politics.
New Delhi, India: Sage Publication.
Report of Committee on Panchayati Raj Institutions, (Chairman-Asoka Mehta)
Government of India Department of Rural Development Ministry of Agriculture
New Delhi 1978.
Report of the Committee on Administrative Arrangements for Rural Development
and Poverty Alleviation Programmes (Chairman: G.V.K. Rao) Department of
Rural Development Ministry of Agriculture New Delhi, 1985.
Report of the Team for the Study of Community Projects and National Extension
Service, Committee on Plan Projects, National Development Council, Vols I-II
submitted in November 1957 and Vol.III submitted in December 1957.
The Constitution (Seventy Fourth Amendment) Act, 1992, Government of India,
New Delhi.
The Constitution (Seventy-Third Amendment) Act, 1992. Government of India,
New Delhi.

4.12 ANSWERS TO CHECK YOUR PROGRESS


Check Your Progress 1

1) The Planning Commission appointed a committee under the chairmanship


of Balwant Rai Mehta to examine the impact of Community Development
Programmes and National Extention Services in the year 1957. The
Committee submitted its report recommending a three-tier Panchayati Raj
system at the village level: 1) Gram Panchayat, 2) Panchayat Samiti at the
block or Taluk level, and 3) Zilla Parishad at the district level.

55
Federalism Check Your Progress 2

1) The Gram Sabha functions as a deliberative and decision-making body, and


it consists of all registered voters in the village. It passes the annual budget
and discusses the major problems of the village. In addition, gram Sabha
exercises such powers and performs such functions at the village level as
the State Legislature. It is also responsible for identifying and selecting
beneficiaries for various Central and State poverty alleviation and other
programmes. In addition, gram Panchayat must obtain certification of the
utilisation of funds from Gram sabha.

Check Your Progress 3

1) The 74th Constitutional Amendment Act mandated the setting up and


devolution of powers to Urban local bodies, known as municipalities, as
the lowest unit of governance in cities and towns. The Act gives constitutional
status to urban governments. States governments are mandated to devolve
adequate powers, responsibilities, and finances for preparing plans and
implement schemes to provide basic amenities in urban areas. Article 243-
W of the Indian Constitution deals with the powers and functions of the
municipalities and the State legislature. As per the Twelfth Schedule of the
Constitution, eighteen subjects such as Urban planning, construction of
buildings, planning for economic and social development, roads and bridges,
water supply, public health, sanitation, solid waste management, etc., are
given to municipalities.

56
State–Local Relations
UNIT 5 STATE AUTONOMY*

Structure
5.0 Objectives
5.1 Introduction
5.2 Autonomy in Indian Federalism
5.3 Demand for Autonomy in the Indian States
5.3.1 Dravida Munnetra Kazhagam (DMK)- Rajamannar Committee
5.3.2 Akalidal - Anandpur sahib Resolution
5.3.3 West Bengal Memorandum
5.3.4 Telugu Desam Party –Vijayawada Conclave
5.3.5 National Conference- Srinagar Conference
5.3.6 Naga National Council (NNC) and Mizo National Front (MNF)
5.4 Centre-State Financial Relations- Autonomy
5.5 Demand for Political autonomy
5.6 Plural Societies and Autonomy question
5.7 Ethnicity and Autonomy Question
5.8 Language and Autonomy
5.9 Let Us Sum Up
5.10 References
5.11 Answers to Check Your Progress Exercises

5.0 OBJECTIVES
This unit deals with the concept and issues of state autonomy in a federal political
setup and seeks to explain the response of the Indian State to the issue of state
autonomy. After reading this unit, you will be able to:
Explain the conception and basis for autonomy demonds;
Discuss the main features of politics relating to State autonomy;
Expain autonomy demands from regional political parties,
Analyse the relationship between ethnicity, langugaue and the question of
state autonomy.

5.1 INTRODUCTION
The relations between different levels of governing units – Centre and, States is
known as the division of powers. Such arrangement is different from the relations
among three organs of the nation-state – executive, judiciary and legislature,
which is known as separation of powers. In the Constitution of India, the division
of powers between the Centre and Statesis defined in the three Lists – the Union
List, State List, and Concurrent List. You have read about these lists in unit 3. As
you have read in Unit 3, the states have the power to legislate on the items
mentioned in the State List. The constitutional scheme of division of power
between the Centre and States provides certain autonomy to the federal units.
*
Dr. Manjari Raj Oraon, Assistant Professor,Dept. of Political Science, BBAU, Lucknow 57
Federalism State autonomy means the authority and power of a state as a member of the
Union of India to decide and execute independently certain functions as outlined
by the Constitution. It implies that there is non-interference from the central
government in the day-to-day affairsof the states. All the major decisions are
taken according topowers conferred to the States in the Seventh Schedule of
India.

5.2 AUTONOMY IN INDIAN FEDERALISM


Uneven and imbalanced development of different states and sub-regions within
a state is a fundamental problem in Indian federalism. The unevenness in the
levels of development has often generated a consciousness in the states, especially
those less developed. They believe that their region remains backwards due to
the discrimination by the Centre. In several instances, political leaders, activists
and civil society organisations in these states suggest their State or region can
develop if they are given autonomy to govern themselves. The rise of demand
for autonomy is seen as an attempt to gain control over the resources and
development process. In order to get autonomy, some of these states demand
special status. The special category status means providing certain disadvantaged
states with preferential treatment in central assistance and tax exemptions. It
also includes establishing special development authority/boards to that region,
reservation to the locals in jobs, establishing more educational institutions, health
infrastructure like hospitals, medical colleges, incentives to industries etc. In a
broader sense, autonomy demands are also associated with civil rights, democratic
liberties movements, democratic upsurge, and devolution of power.

An additional tool at the disposal of the federal country to accommodate


autonomy-deprived demographics is the tool of Panchayati Raj Institutions. With
the enactment of the Panchayats (Extension to Scheduled Areas) Act, 1996
(PESA), exclusion prevalent in scheduled areas could be alleviated by enabling
grass-roots democracy in the scheduled areas. However, the political process of
the country, run by party system and coalition politics, seems to overlook the
importance of power devolution to the lowest level as a means of satisfying
autonomy demands; rather, states remain the main actors in the discussion of
autonomy. Due to the importance of states as the main unit enjoying autonomy,
we see demands for state formation as the main agenda in many autonomy
movements.

Check Your Progress 1


Note: i) Use the Space given below for your answer.
ii) Check your answers with the model answers given at the end of the
unit.
1) What is the meaning of State autonomy?
.......................................................................................................................
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.......................................................................................................................
.......................................................................................................................
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58
State Autonomy
5.3 DEMAND FOR AUTONOMY IN THE INDIAN
STATES
Before the Fourth General Elations in 1967, the Centre-State relations were
harmonious with the dominance of the Congress party as a ruling party bothat
the Centre and in the States. These General elections were a turning point in the
Indian political process and especially in federal relations. The Congress party
lost the elections in nine states, and the Congress party’s majority in Lok Sabha
was also considerably reduced. This development gave a stimulus to the autonomy
demands with regional parties coming to power in different states. The regional
parties felt that the existing constitutional federal scheme neither respected the
feelings of the states nor appreciated the needs and problems of states. Hence,
the maximum autonomy of the states is demanded for the growth and development
of states. From the 1970s to the 1990s, the Centre became somewhat restrained
by regional partners in coalition politics. The quest for state autonomy remains
an enduring issue in Indian federalism. The sub-sections below deal with some
examples which have been made by regional political parties in India.

5.3.1 Dravida Munnetra Kazhagam (DMK)- Rajamannar


Committee
The regional parties raised the issue of autonomy and demanded more powers
and fiscal resources. The DMK party in Tamilnadu, combining the Tamil linguistic
and cultural nationalism, built a strong movement for autonomy. In the early
1960s, DMK campaigned for a separate independent sovereign state of Tamilnadu.
Later the demand was extended to propose a separate Dravidnad with Tamilnadu,
Andhra, Kerala and Karnataka. It was seen as a severe threat to the nation’s
integrity by the Center. With the increasing separatist tendencies in the country
during the 1960s, the union government initiated the 16th Constitutional
Amendment for curbing separatist tendencies. The Bill, which became Act, was
also known as the Anti-secession Bill to prevent separatist and secessionist
tendencies and preserve India’s sovereignty and territorial integrity. In
consequence of the amendment, the DMK also gradually softened its stand and
dropped the demand for sovereign Dravidanad. However, time and again, DMK
demanded greater autonomy of states.

In the year 1969, the government of Tamilnadu, led by the DMK party, appointed
a three member committee under the chairmanship ofP.V.Rajamannar to study
Center-state relations and suggest constitutional amendments to secure greater
autonomy to the states. The other members of the committee were
LakshmanaswamyMudaliar and P. Chandra Reddy. The Rajamannar Committee
made some recommendations such as removing Article 356, dissolution the
Planning Commission (At present modified as NITI Aayog) and making Finance
Commission a permanent body, transferring some subjects to the State list from
the Union and Concurrent list, and appointing high power committee for re-
distribution of the subjects in the threelists.

5.3.2 Akali Dal -Anandpur Sahib Resolution


Shiromani Akali Dal, known as Akali Dal, is a regional party in Panjab with a
strong base among the Sikhs in Punjab. Master Tara Singh, a Sikh political and
59
Federalism religious leader, was instrumental in organising the Shiromani Gurdwara
Prabhandak Committee. Under the leadership of Tara Singh, Akali Dal demanded
a sovereign state for Sikhs till the early 1960s. Under the Leadership of Sant
Fateh Singh, several movements took place for Panjab Suba, a separate State for
Panjabi speakers in India. He started a fast-unto-death for the demand of Panjab
Suba. The Central Government accepted the demand for Panjab Suba. However,
this did not satisfy all the Sikhs; the Shiromani Akali Dal passed a resolution for
greater autonomy to states in the Batala conference in 1968. Again, in year October
1973, Akali Dal adopted a resolution containing both religious and political
demands at a meeting held at Anandpur Sahib, popularly known as the Anandpur
Sahib resolution. The Anandpur Sahib resolution demanded that the Center’s
powers be restricted only to defence, foreign affairs, communications, currency
etc., and entire other powers should be vested in the states. Akali Dal leader
Gurnam Singhmoved this resolution, and when he became the Chief Minister of
Panjab, he invited DMK Leader Karunanidhi to Ludhiana to discuss autonomy
to states. This duo is considered to lead the way in seeking greater autonomy for
states.

5.3.3 West Bengal Memorandum


The Left Front Government in West Bengal had adopted a memorandum in 1977
seeking a rearrangement of Centre-State relations and submitted it to the Centre
for consideration. The memorandum pointed out how the Center had made
encroachments into powers of States, and the autonomy of States was gradually
eroded.The West Bengal Memorandum stated that article 356 of the Constitution
is the anti-federal instrument for undermining the federal system and the autonomy
of States. Therefore, articles 356 and 357, which gives President the power to
dissolve a State government or its Legislative assembly, should be deleted.
Therefore, Constitution should be amended to include the word ‘Federal’ in the
description of the Republic of India. Likewise, the word Union in the Constitution
should be replaced by the word Federal.

5.3.4 Telugu Desam Party (TDP) –Vijayawada Conclave


The dominance of the Congress Party in the political history of Andhra Pradesh
continued uninterrupted for three decades till it was upset by the Telugu Desam
Party (TDP) in the 1983 elections.The TDP succeeded in ending the Congress
hegemony in Andhra Pradeshwithin a short time. The Telugu Desam Party was
founded 29 March 1982by N.T. Rama Rao, a famous film star. He played the
roles of Hindu mythological characters such as Lord Srirama, Krishna, Karna,
etc. and as a moral figure who championed the cause of the weaker sections of
society. The TDP has stressed the need for greater financial decentralisation and
State autonomy by transferring more powers to States. It also demanded the
abolition of the post of Governor. The TDP leader N.T. Rama Rao hosted
opposition parties meeting at Vijayawada in May 1983. After the meeting,
opposition leaders issueda joint statement endorsing the call made during the
conclave of southern chief ministers in Bangalore organised by Ramakrishna
Hegde to review Union-State relations.

5.3.5 National Conference- Srinagar Conference


In October 1983, around fifty leaders from seventeen political parties met in
Srinagar Conclave hosted byFarooq Abdullah, the then Chief Minister of Jammu
60
and Kashmir state (which was converted into two Union Territories – Jammu State Autonomy
and Kashmir and Ladakh, on 5th August 2019). The Srinagar Conclave brought
together parties like the DMK, TDP, AkaliDal, the Republican Party of India, the
Assam Jatiyabadi Dal and National Conference, and the Left Parties. All the
parties present were united by the cause of federalism and more autonomy to the
States.

5.3.6 Naga National Council (NNC) And Mizo National Front


(MNF)
During the 1950s and early 1960s the Nagas and Mizos demanding autonomy
for their regions. Naga NationalCouncil (NNC) strongly advocated unlimited
autonomy for Naga Hills. Under the leadership of A.Z Phizo, it demanded
complete independence stating that Nagas always had distinct from the rest of
India ethnically and culturally. Mizo National Front (MNF), like NNC, demanded
the creation of an independent state of Mizoram under the leadership of Laldenga.
For this purpose, MNF recruited young people and trained them in military
operations.

5.4 CENTRE-STATE FINANCIAL RELATIONS-


AUTONOMY
Lawrence Saez (2002)has remarked thatthe Constituent Assembly was inspired
to favour a Unitary state for India due to the partition of India in 1947. It led to a
more centrist tendency in the independent State, although it was federal in
structure. A more significant role was assigned to the central government in the
federal system.The Union list contains the most subjects in terms of jurisdiction
and financial aspects,and the union Parliament also enjoys residuary powers. It
strengthens the centripetal forces while weakening centrifugal forces. It has
inevitable economic consequences, leading to the dependence of states on the
Union government. Ronald L. Watts (1996) has explained that territorial social
diversity and a great tendency of fragmentation exist simultaneously in India.
Therefore, it is reasonable to maintain a strong federal government with authority
to overturn secession attempts. The Union list has more powers and subjects
related to financial matters than the states.As outlined in the State List and
Concurrent list, states have insufficient financial resourcescompared with the
Centre. It is also because residuary powers lie with the Centre. Consequently,
the states are short of revenue resources and largely dependent on the Centre to
implement specific public policies. The party ruling at the Centre can garner
popularity at the state level by using its public policy, effectively utilising more
financial resources, influencing voters, and determining the executive actions at
the state level. It becomes a matter of contention between State and Centre, leads
to demands of autonomy. Many committees and commissions have been
constituted to resolve issues ofstate autonomy and strained areas of center-state
relations.In Unit-3, you have already studied the Center-State relations, issues,
and attempts to reformCenter-State relations.

5.5 DEMAND FOR POLITICAL AUTONOMY


The politics of regions and the emergence of regional parties as a reaction to the
hegemony of the Congress party have shaped autonomy demands in India after
61
Federalism independence. The relative differences of cultural, economic, social and political
circumstances in regions cause differential power relations with each other and
theCenter.The emergence of working-class politics, the rise of socially
marginalised groups in mainstream politics, peasant political class have led to
various demands for political autonomy of states and regions.

A significant question in autonomy demands is environmental governance and


control over natural resources. These movements can also coincide with demands
of ethnic groups such as tribes, hill-dwelling communities,and different
communities to have certain autonomy over village administration and customary
practices. These demands have been accommodated through instruments of
asymmetrical federalism by creating new states and unique acts such as
Panchayats(Extension to Scheduled Areas) Act, 1996(PESA). You read about
PESA in Unit-4.With the growth of liberal economy and capitalism, there is also
a concern over the control of land and forest as a resource.These concerns are:
first, states often find their autonomy eroded by giant corporations that support
political elites. It also leads to a response at the state level involving greater
demand for autonomy to conduct business and development-related activities.
Secondly, with the onset of the capitalist economy, the dominance of traditional
elites, such as landlords and local ruling groups, gets challenged by market
forcesto demand regional autonomy. During 1967-79, the emergence of political
parties such as Akalis in Punjab, the DravidaMunnetraKazhagam (DMK) in Tamil
Nadu, the Bharatiya Kranti Dal (BKD) in Uttar Pradesh, Kulaks in U.P, Punjab,
and Haryana, as well as a significant component of the Dravidian movement are
examples of regional autonomy movements.

A significant factor responsible for the demand for autonomy, leading to the
demand of separate states, has been the historical disparity in the development
of regions and states.Some backward states are known as “bimarustates”
(BIMARU), refer to the poor economic conditions within those states from the
first letters of Bihar, Madhya Pradesh Rajasthan, and Uttar Pradesh.These areas
are principal contributors of raw materials for the country’s industrial growth.
Such states have often used the argument of “resource curse”. The “resource
curse”means a contradictory situation where a region underperforms
economically, despite rich natural resources. This argument is usedto advocate
fair treatmentto the less developed states within the federal arrangement.

The expansion of the market economy based on technical advancementhas led


to the marginalisation of backward regions.Moreover, due to the weak governance
in “bimarurajya” interest of raw material producing areas remains unprotected
against the interests of private corporates.Therefore the demand for autonomy to
institute local control over governance is often observed. For instance, the
formation of the Jharkhand Area Autonomous Council (JAAC)was granted in
1995 by the then Bihar government.However, TheJharkhand region of
Biharremained dissatisfied with the state government not sufficiently
representingthe interestsof the region.Over the years, many commissions have
been constituted to look into regions’ demand for autonomy and create new state.

62
State Autonomy
5.6 PLURAL SOCIETIES AND AUTONOMY
QUESTION

Due to cultural and linguistic diversity in larger states, many organised groups
emerged, having claims and counter-claims for effective administrationthrough
accommodation of interests. The administrative challenge in front of the Union
government in dealing with these claims is to institute the most effective ways to
manage such accommodative arrangements. One of the arrangements that have
been followed in India to accommodate the politics of various cultural groups in
the federal arrangement is by making linguistic policies and state reorganisation.
It is mainly used effectively for groups concentrated in a particular geographical
location by giving provincial autonomy within a territory. However, granting
autonomy is not completely effective in dealing with demands of cultural
recognition because territories are rarely culturally homogenous. Usually, there
are always smaller diverse groups residing in the area, especially in transition
areas between countries and states not separated by natural frontiers. When the
cultural construction of an identity group does not coincide with the political
boundaries, it leads to political unrest.

To accommodate its population’s cultural and ethnic aspirations, the state resorts
to readjusting the boundaries of states/provinces following the regional cultural
constructions of the people and devolving some autonomy to an authority
instituted over that province. In an independent and democratic country such as
India, it is not possible for the central government or Parliament to ignore the
regional aspirations due to institutional as well as electoral factors since the
legitimacy of a government in a democratic state depends significantly on the
government’s ability to respond appropriately towards aspirations of people. The
broadening of democracy and the democratic upsurge of classesfor recognition
as political entitieshas historically remained in mainstream politics. These groups
are granted autonomyas an essential component of having a say in the
policymaking and political process.

Check Your Progress 2

Note: i) Use the Space given below for your answer.

ii) Check your answers with the model answers given at the end of the unit.

1) What are the main features of state autonomy politics in India?


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......................................................................................................................
......................................................................................................................

5.7 ETHNICITY AND AUTONOMY QUESTION


Tribal groups in India are among significant ethnic groups sharing common
characteristics – culture, customs, language, regions, economic interests, etc.The
roots of the autonomy question among tribal regions go back to the pre-
independence history of India. The regions identified as Backward Tracts under 63
Federalism British administration were further categorised as “Excluded” and “Partially
Excluded” areas under the Government of India Act, 1935 and had been
historically under the control of British administration governed by Governors,
while the “Tribal Areas” were outside British India and enjoyed high levels of
autonomy. All these regions were areas where tribal populations inhabited but
were having different levels of autonomy. Post-independence, the autonomy of
these regions has become an issue of great deliberation within the asymmetrical
federal model. The demand for a separate Jharkhand state was first raised in
1929 in the Chhotanagpur plateau, populated by diverse tribal communities. The
movement continued until the year 2000, when Chhatisgharh and Jharkhand were
created. The Schedule VI of the Indian Constitution lays down
provisionsconcerning the autonomy of tribal areas in the North-Eastern States.
Nevertheless, there are constant conflicts due to competition between ethnic
groups regarding the demand for autonomy.

5.8 LANGUAGE AND AUTONOMY


The debate for organising states based on language was raised in the Constituent
Assembly. However, due to the bitter experience of India’s partition on a religious
basis the, linguistic basis of state reorganisation was perceived as a potential
threat to the unity and integrity of the nation. However, the demand for the
reorganisation of state boundaries on a linguistic basis was raised in
someareas.The demand for linguistic states was based on the long-standing
interaction between Congress leaders and regional political leaders.The regional
leaders belived that linguistic states would be given to them once India became
independent. As a result, the demand for a Telugu state arose, and
AndhraPradeshwas created on 1stOctober, 1953 following the fast unto death by
PottiSriramalu. Based on a similar understanding of regional leaders, many other
linguistic provincial states’ demandsarose, and States Reorganisation Commission
(SRC) was instituted in 1953 to look into the matter. Based on recommendations
of the Commission (1955) to organise states on a linguistic basis in Southern
India, the State Reorganisation Act 1956 was passed by Parliament.

In the post-independence years, the levels of autonomy to its constituent states


have been unequal. The Constitution of 1950 granted the highest level of
autonomy to Part A and Part B states while, Part C and Part D states had
significantly less autonomy or none at all. The States Reorganisation Commission
(SRC) was formed in 1953 to look into various demands for new states. Based
on the States Reorganisation Commission (1955) recommendations to organise
states on a linguistic basis in Southern India, the State Reorganisation Act 1956
was passed by Parliament. It also replaced the A,B,C,and D type states with only
States and Union Territories.

With the creation of provincialStates and Union Territories (UTs) another system
of differential autonomy came into existence wherein the States were vested
with more autonomy than the UTs. Creating UnionTerritories became an effective
device in the North-Eastern region to resolve demands of autonomy.In the 1960s,
Punjab, Maharastra and Gujarat were created, while Himachal Pradesh was
upgraded to a state. The creation of these states clearly demonstrates the
accommodation politics that followed autonomy demands inspired by linguistic
and religious sentiments. Some unfulfilled demands of autonomy can be seen in
the form of Gorkhaland, Vidharbha, Harit Pradesh etc. Some autonomy
64
movements saw fulfilment by the creation of the new states in 2000 Jharkhand, State Autonomy
Uttarakhand, and Chhattisgarh.The creation of Uttarakhand can be seen as a
culmination of the prolonged demand of the hill region of Uttar Pradesh.

Language can become a tool of dominance if the political system is overwhelmed


by a particular linguistic group. Being an integral part of culture may lead to a
perceived loss of control by other linguistic groups. It leads to a demand for
recognition and a desire for autonomy in a linguistic region. It has also been true
in the North-Eastern states, and various social, geopolitical, and historical factors
influence such demand. Autonomy movements in the hills of North East led to
the formation of seven states gradually. Nagaland became a state in 1963,
Meghalaya became a state in 1972. Manipur and Tripura also became states,
while Arunachal Pradesh and Mizoram were first created as Union Territories
and later upgraded to states in 1986. These states have a diverse schedule tribe
population, and the autonomous district councils are vested with autonomy
concerningspecific customary laws.

Check Your Progress 3


Note: i) Use the Space given below for your answer.
ii) Check your answers with the model answers given at the end of the
unit.
1) What is the role of language in state autonomy?
.......................................................................................................................
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.......................................................................................................................
.......................................................................................................................
.......................................................................................................................

5.9 LET US SUM UP


The discussion on state autonomy in India began in the pre-independence period
when the British reorganised political units to ensure control over the region.
The bitter experience of partition made constitution framers suspicious of
centrifugal forces. The manipulativedivisionist policies of British rule made local
communities suspicious of over-centralisation. This antagonism has been at the
core of autonomy-related issues in state politics. Further, the hegemony of
Congress for two decades after independence suppressed many regional
aspirations and strained the state-center relationship. Attempts for unification by
ignoring regional aspirations and identity issues led to autonomy demands.To
deal with autonomy demands the Center used various methods such as granting
autonomy through state reorganisation, new state formation, linguistic provincial
states creation, autonomous local bodies, Union Territories.

Nevertheless, demands for state autonomy are ongoing in different parts of India.
The main reasons are the financially impoverished states, centrally planned
development, growth of the capitalist and industrialised market economy,
linguistic sentiments, disparity of development among the regions, ethnicity, and
the dominance of Centre. Innovative practices such as local PRIs self-governance
65
Federalism in Scheduled areas have not been very effective because states continue to be the
main actors in the national politics, while autonomy through local self-governance
remains in rhetoric only. With the emergence of new political elites and regional
parties, autonomy politics has become aprominent phenomenon in state politics.
Several regional parties constantly demand a relook into Centre-state relations
for greater autonomy to states.

5.10 REFERENCES
Austin, Granville (1966), The Indian Constitution: Cornerstone of a Nation.
New Delhi: Oxford University Press
Baruah, Sanjib (2020), In the Name of the Nation India and Its Northeast.
California: Stanford University Press.
Brass, Paul R (1991), Ethnicity and Nationalism: Theory and Comparison.
London: Sage Publications
___________(2005), Language, Religion and Politics in North India. London:
iUniverse Inc.
Burgess, Michael (2006) Comparative Federalism: Theory and Practice,
Routledge, London.
Frankel, R. Francine, and Hasan Zoya (eds.) (2000), Transforming India: Social
and Political Dynamics of Democracy, New Delhi: Oxford University Press.
Mazoomdar, Ajit(1989),The State and Development Planning in India. Economic
and Political Weekly,24(33), 1877-1884.
Saez, Lawrence (2002), Federalism Without a Centre: The Impact of Political
and Economic Reform on India’s Federal System. New Delhi: SAGE Publications.
Stuligross, David (1999), Autonomous Councils in Northeast India: Theory and
Practice, Alternatives: Global, Local, Political, Sage Publications, Inc. Vol 24,
No. 4, (Oct.-Dec. 1999), pp. 497-525
Weiner, Myron (1965), ‘Political Integration and Political Development’, Annals
of the American Academy of Political and Social Science, 358(1), March 1965

5.11 ANSWERS TO CHECK YOUR PROGRESS


EXERCISES
Check Your Progress 1

1) Autonomy means the authority and power to decide and carry out certain
functions independently without any control by a higher authority. It means
non-interference from the Central Government in the day-to-day affairs of
States. It also implies having control over financial resources. In a broader
sense, autonomy is also associated with rights, democratic liberties, and
devolution of powers to the States.

Check Your Progress 2

1) One of the main features of demands for autonomy is Centre-State financial


relations.It is the fight for control over revenue resources. Because of the
66
imbalanced financial division of powers between the Centre and states, the State Autonomy
states become resource-starved and dependent on the Centre. Apart from
financial resources, state autonomy movements have also political
dimensions—the emergence of regional parties as a reaction to the hegemony
of the Center. The process of centralisation of political power leads to the
demands for State autonomy.

Check Your Progress 3

1) The Indian society is highly diverse and pluralistic, with various cultural,
ethnic and linguistic communities with distinctive cultures and dialects.
This diversity makes them assert their identity as a separate entity. Language
becomesa tool of dominance when a particular linguistic group weighs down
the political system. It leads to a demand for autonomy in a linguistic region.
For example, the demand for a separate state for Telugu speaking people
crop up in Telugu speaking Andhra region and against the Tamil
dominance;as a result,a linguistic provincial State was created. Many other
linguistic states demands came up based on a similar line. The States
Reorganisation Commission (SRC) was formed in 1953 to look into the
matter.

67
Federalism
UNIT 6 SUB-REGIONAL AUTONOMY AND
GOVERNANCE*

Structure
6.0 Objectives
6.1 Introduction
6.2 Sub-Regional Autonomy: Issues and Challenges
6.3 Sub-Regional Autonomy and New Statehood movements
6.3.1 Formation of Jharkhand, Chhattisgarh and Uttarkhand States (2000)
6.3.2 Andhra Pradesh and Telengana State
6.3.3 Assam
6.4 The Question of Governance
6.5 Let Us Sum Up
6.6 References
6.7 Answers to Check Your Progress

6.0 OBJECTIVES
This unit aims to explain the latest dynamics and trends in sub-regional autonomy
movements in contemporary Indian democracy. It will be analysing the Indian
federal responses towards sub-regional autonomy problems. After reading this
unit, you will be able to:
Discuss the factors responsible for sub-regional autonomy movements;
Examine the correlation between federal governance and sub-regional
autonomy movements; and,
Explain various patterns of collective mobilisation for sub-regional autonomy
movements.

6.1 INTRODUCTION
The notion of sub-regional autonomy has attained much significance in the
contemporary discourse in Political Science. Sub-regional autonomy movements
are about getting autonomy within the constitutional framework to the people,
which is part or sub-region of a relatively larger region. Sub-regional autonomy
movements are based on ethnicity, identity politics, religion, caste, region, social
factors, economic factors, and historical experiences. The number of these factors
is not fixed. They can vary from case to case. Demands in autonomy movements
also vary. In some instances, the demands are confined to rearrange relations
between the sub-region and the larger region. In some instances, the demand for
regional autonomy may aim for statehood to be carved out of one state or more
than states. From the 1950s onwards, there have been demands for sub-regional
autonomy in different regions of the country. While in some cases, the demands
have resulted in the creation of new states out of the one or more than one states
in the Union of India, in the other cases in the creation of regional or territorial
*
Dr. C. Bramhayya, Assistant Professor, Department of Political Science & Human Rights,
68 Indira Gandhi National Tribal University,Amarkantak, Madhya Pradesh -484887
councils. And in some cases, they have not been able to achieve their goals. In Sub–Regional Autonomy and
Governance
2000, Chhattisgarh, Jharkhand and Uttarahkand were created out of Madhya
Pradesh, Bihar, and Uttar Pradesh respectively. In 2014, the state of Telangana
was carved out of the state of Andhra Pradesh. People of the Ladakh region
demanded a Union Territory when this region was part of the Jammu and Kashmir
while it was a state. On 5 August, 2019, the government of India created two
Union Territories – Jammu and Kashmir and Ladakh out of the state of Jammu
and Kashmir after abolishing its status as a state. In Maharashtra, the people of
Vidharbha, Bodo-inhabited areas in Assam, and hill regions of West Bengal, in
Coorg district of Kodagu region of Karnataka, etc., have been demanding sub-
regional autonomy from their respective States. In section 6.4 of this unit, you
will read about some examples of movements for regional autonomy in India.

6.2 SUB-REGIONAL AUTONOMY: ISSUES AND


CHALLENGES
There are several books and academic articles on different types of sub-regional
movements in India. Based on this literature, we can identify issues and challenges
relating to the sub-regional movements. While most of such movements have
emerged in relatively more backward areas, some have also emerged in developed
areas. The people in the regions which witness such movements have several
grievances – economic, political, social and cultural, etc. Moreover, they
understand that their grievances can be addressed if they get autonomy in terms
of rearrangements of relations within the existing administrative unit or by getting
a new state carved out of one or more than one states. It is important to note that
in several cases, the grievances are not based on reality. In such cases, they are
based on perceptions. However, the politicisation of such issues can become an
effective way of popular mobilisation for sub-regional autonomy. The reasons
for such grievances have been discussed in the literature on the sub-regional
autonomy movements:
1) Economic reasons – the people residing in the areas which witness the
sub-regional autonomy movement complain that their region has been
exploited in an economic sense due to the policies of the state government,
which has jurisdiction over such reasons or by the central government; the
natural resources of their regions are exploited by the groups belonging to
other regions than theirs’; in some cases, it is alleged that their regions have
become “internal colonies”; they also alleged that they face discrimination
in getting employment in their regions because the jobs are given to the
people who do not belong to their regions. It is also argued that the lack of
economic opportunities in their regions forces people to migrate to other
regions. It leads to multiple problems, including their humiliation in the
regions to which they migrate. Not only the backward regions complaints
of economic discrimination but some developed reasons have such
grievances. They complain that their resources are used to help the backward
reasons, but they are not compensated in proportion to their resources.
2) Political reasons: the supporters of sub-regional autonomy movements
argue that people of their region do not get adequate representation in
important political positions such as ministers, chief ministers, etc. This
deprives the people of their regions an opportunity to represent the interests
of their regions in the policy-making process.
69
Federalism 3) Social and cultural reasons: the people in the sub-regions demanding
autonomy allege that their social and cultural identities are not given due
recognition in fields of art and culture such as cinema, theatre, etc. Their
projection in art and cultural media is not respectable.

4) Administrative challenges: It is argued that all sub-regions, especially in


the bigger states, do not get adequate attention from the executive authorities
such as chief ministers, leaders or the administrative authorities to coordinate
the problems of different regions. The bigger size of the states in which
they are located makes it unwieldy to govern all the regions equitably.
Consequently, the regions located at a long distance from the state capital
suffer.

These principal challenges and issues have a cumulative impact on mobilisation


for regional autonomy. However, some points are noteworthy regarding their
impact on mobilisation. These are: the relative impact of these issues varies from
case to case; these issues can be helpful in mobilisation only when there is a
realisation among the people in a region about their grievances, and when there
are agencies such as leaders, students, intellectuals or civil society organisations
to mobilise people. Besides, generally sub-regional movements occur in some
social or political context.

Check Your Progress 1


Note: i) Use the Space given below for your answer.
ii) Check your answers with the model answers given at the end of the
unit.
1) What are the factors responsible for the aspirations of the sub-regional
autonomy movements in India?
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
2) Explain the correlation between federalism and sub-regional autonomy
movements?
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................

70
Sub–Regional Autonomy and
6.3 SUB-REGIONAL AUTONOMY AND NEW Governance

STATEHOOD DEMANDS
As you have read in sub-section 6.3 of this unit, there are various social, economic,
political, and administrative reasons that impact sub-regional autonomy. From
the 1950s onwards, the question of regional autonomy has been an important
issue in Indian federalism. This led to the creation of new states or regional or
territorial autonomous councils in different parts of the country. In the 1950s-
1960s, states were created based on language; between the 1960s and 1980s,
states were formed out of Assam; in 2000, three states (Chhattisgarh, Jharkhand
and Uttarakhand) were created in predominantly Hindi-speaking region (Tillin
2013). Again, as mentioned earlier, in 2014, the state of Telangana was formed
out of the state of Andhra Pradesh. The demands for the fulfilment of regional
aspirations continue to be raised in different regions of the country. This section
of the unit deals with some examples of sub-regional autonomy movements in
India. In these examples, you will read about some broad features of these
movements. There is sufficient literature dealing with sub-regional autonomy
relating to the formation of new states and regional or territorial autonomy in
India. A representative sample of literature dealing with the question of regional
autonomy is available in several chapters of two books: Rethinking State Politics
in India: Regions within Regions, edited by Ashutosh Kumar, Rutledge, London
and New York (2011), and Interrogating Reorganisation of States: Culture,
Identity and Culture, Rutledge (2011). Even as demands for sub-regional
autonomy have been raised in most states of India, in some cases, these have
culminated in the formation of new states or the creation of devices such as
regional or territorial councils.

6.3.1 Formation of Jharkhand, Chhattisgarh and Uttarkhand


States (2000)
The formation of three states in 2000 - Jharkhand, Chhattisgarh and Uttarkhand
is the first example of this century about the reorganisation of states. Jharkhand,
Chhattisgarh and Uttarakhand were carved out of Bihar, Madhya Pradesh and
Uttar Pradesh, respectively. The creation of these states was considered a step
towards fulfilling the demands of the regions that constituted these states. These
cases shared some common features. They also were different from each other in
some respect. A predominantly Hindi-speaking population inhabits them. Their
common features are: they are an example of the first time creation of new states
in the pre-dominantly Hindi-speaking region known as the “Hindi heartland”;
they are rich in mineral resources; two of them (Jharkhand and Chhattisgarh)
have a substantial population of tribals. A prolonged movement preceded the
formation of Jharkhand. The formation of Uttarakhand was also preceded by a
movement that became more vocal in the 1990s. Unlike Jharkhand and
Uttarakhand, the creation of Jharkhand was not followed by a sustained and
assertive popular mobilisation. Tillin (2013) shows that the formation of
Chhattisgarh, Uttarakhand and Jharkhand states took place in a context. It was
marked by the decline of the Congress and the rise of BJP and its competition
smaller parties in states from which the new states emerged in 2000 – Bihar,
Madhya Pradesh and Uttar Pradesh. The roots of demand for Chhattisgarh can
be traced to 1948. State Reorganization Commission rejected the idea of separate
Chhattisgarh in 1954. Chhattisgarh identity was formed based on a substantial
71
Federalism population of marginalised social groups – SCs, STs and OBCs and the notion of
economic exploitation of the region. According to Louise Tillin, the demand
became popular in the 1990s due to competition between two national parties,
the BJP and the Congress, rather than popular mobilisation. Chhattisgarh Mukti
Morcha, an organisation, formed by activists following different ideologies,
underlined the need to create a state of Chhattisgarh. It demanded the creation of
the Chhattisgarh state to get autonomy within the framework of the Indian
constitution to end the exploitation of the region and achieve its development.
The identity of Jharkhand emerged from the articulation of Adivasi identity and
identity of the region, which had witnessed industrial development. Demand for
the formation of the Jharkhand state was presented before the Simon Commission
in the 1920s by the tribal leadership of the Chhotanagpur region, which later
became part of the present Jharkhand state. Some organisations had come into
existence from 1910 in order to promote education and development formed
Adivasi Mahasabha in 1937 under the leadership of Jaipal Singh. The Adivasi
Mahasabha was renamed as Jharkhand Party after Independence. This party
played a decisive role in generating consciousness about the Adivasi identity in
the region. However, the merger of the Jharkhand Party with Congress in 1963
created a vacuum in tribal leadership. It was followed by the emergence of
Jharkhand Mukti Morcha (JMM) in 1972. The JMM had been involved in raising
several issues of tribals in South Bihar, including the demand to form a separate
state Jharkhand. In the 1980s, the demand for Jharkhand reemerged. Tillin (2003)
identifies three processes that led to the reassertion of the demand: formation of
a non-Congress government after emergency, competition within the Jharkhand
movement on the need for a new state, and attempts the BJP to expand its support
base.

The formation of Uttarakhand out of Uttar Pradesh was one of the demands
raised in different regions of Uttar Pradesh. Apart from the demand for
Uttarakhand, there were demands for new states in other regions of Uttar Pradesh.
Demand was created to create in the backward regions of eastern Uttar Pradesh
and Bundelkhand (consisting of some districts of Uttar Pradesh and some
contiguous districts of Madhya Pradesh) regions Poorvanchal and Bundelkhand
state, respectively. In a relatively more developed region of western Uttar Pradesh,
which witnessed Green Revolution, the demand for the creation of separate states
of Harit Pradesh was made (Singh 2001). In all these regions, advocates of separate
states complained of discrimination of their respective regions by leaders
belonging to other regions, the state governments, or the central governments.
Except in the case of demand for Uttarakhand, those in other regions of UP did
not witness popular mobilisation. The demands were raised by political leaders
and political parties, organisations. Popular mobilisation for Uttarakhand became
more sustained and vocal in the 1990s, though it can be traced back to the 1950s.
In 1994, Mulayam Singh-led government in Uttar Pradesh decided to implement
the Mandal Commission Report in the state, providing for 27 percent reservation
in government jobs and admission to an academic institution. It was opposed in
the hill region of UP on the ground that the OBCs formed a negligible population
in the region, and people in the region launched an agitation. It led to police
firing in the place known as Khatima, resulting in the death of people. The
development intensified the demand for the creation of Uttarakhand State to be
carved of Uttar Pradesh.

72
6.3.2 Andhra Pradesh and Telangana State Sub–Regional Autonomy and
Governance

The roots of demand for the formation of the Andhra Pradesh state can be traced
to the hunger strike of Potti Sriramulu, a Gandhian, resulting in his death in
1953. He set on a hunger strike demanding the formation of a state to be carved
out the districts of Madras state where most people spoke Telugu. It led to the
formation of Andhra State in the same year. This also persuaded the central
government to appoint a commission to look into the feasibility of reorganising
the state boundaries on a linguistic basis. The commission came to be known as
the State Reorganisation Commission (SRC). The state of Andhra Pradesh,
consisting of three regions – Rayalaseema, Andhra, and Telangana regions was
formed on 1 November 1956. The people of the Telangana region opposed the
creation of Andhra Pradesh on the grounds: the Telugu language was not an
appropriate criterion; as Telangana was different historically from the Andhra
region, it was a backward region. They argued that the interests of the Telangana
region would not be protected in the state of Andhra Pradesh. In response to the
opposition of the Telangana region to the creation of Andhra Pradesh, an
agreement was signed in 1956 between the Congress leaders of both regions –
Telangana and Andhra. This agreement came to be known as the Gentlemen’s
Agreement. The Gentlemen’s Agreement aimed to safeguard the interests of the
Telangana region. Among the important provisions of the Gentlemen’s Agreement
included creating a regional committee; and arranging for sharing power between
Telangana and Andhra regions. If the chief minister was from one region, the
deputy chief minister would be from another region. The regional committee
was expected to look into the grievances of the region and recommend a device
for their solution. In due course, the people in Telangana complained that the
terms of the Gentlemen’s Agreement were not followed and that Telangana region
was discriminated against in multiple ways in the state of Andhra Pradesh. They
demanded as a separate state of Telangana and launched a movement in support
of the new state. The movement for Telangana passed through different phases.
On the eve of the 1971 parliamentary elections, a group of lawyers, teachers and
students formed Telangana Praja Samiti (TPS) to demanding creation of a separate
state of Telangana. Under the leadership of Chenna Reddy, the TPS won 10 out
of 14 Parliamentary seats in the Telangana region. However, the TPS merged
with the Congress after elections, and the issue of Telangana state got relegated
into the background. In 2001, K. Chandrasekhar Rao formed Telangana Rashtriya
Samiti (TRS) with the purpose to get Telangana state. The alliance ( as part of
the UPA alliance) between the Congress and TRS in the 2004 Lok Sabha election
resulted in the inclusion of the creation of Telangana in the UPA manifesto. The
UPA constituted a sub-committee consisting of Sharad Pawar and Pranab
Mukherjee to consider the Telangana state’s formation. On the occasion of 2009
Lok Sabha election, P. Chidambaram, Union Home Minister, announced on 9
December 2009 that the process would be initiated to form Telangana State. This
period also saw the popular mobilisation of by the Telangana Joint Action
Committee (TJAC) formed by teachers and students, especially in Osmania
University, and civil society organisations.The UPA-II government-appointed
Srikrishna Committee in February 2010 to look into whether there was a need
for a separate Telangana or United Andhra Pradesh state. The Srikrishna
Committee submitted its report in December 2010. One of the options suggested
was the state’s bifurcation into Seemandhra (consisting of Rayalseema and Andhra
regions) and Telangana state. Consequently, the state of Telangana was formed
in June 2014.
73
Federalism 6.3.3 Assam
In northeast India, there have been demands after Independence for
reorganisations of federal relations between the centre, state and local units of
government in Northeast India. These demands have taken three forms: for the
formation of the sovereign state, as in the case involving insurgencies, creating
new states out of an existing state, or sub-regional autonomy within an existing
state. This sub-section of the unit deals with the question of sub-regional
autonomy, not with the question of sovereignty involving insurgency. It deals
with the following examples relating to sub-regional autonomy: demand for
creation of a hill state out the state of Assam in the 1950s-1960s, and movement
for autonomy by the Bodo tribes in the plain areas of Assam.

The Hill State Movement: Formation of Meghalaya State


The tribes inhabiting hill districts as predominantly inhabited by the indigenous
tribes such as Jaintia, Khasi, and Garos, Mizos, which were part of the state of
Assam, demanded in the 1950s-60s formation of a hill state. This demand led to
the formation of an autonomous state of Meghalaya (1971-72) within the state of
Assam, which finally became a state of Meghalaya in 1972, separate from Assam.
These hill districts had District Councils, which entitled them to enjoy autonomy
in Assam under the VI Schedule of the Constitution. However, the tribes staying
in these districts were not satisfied with their status within the state of Assam,
even though they had enjoyed autonomy as per the VI Schedule. In addition, the
resolution of Asom Jatia Mahasabha sought to make Assamese as the official
language in Assam, including areas where most people spoke non-Assamese
languages. In this context, the tribes such as Jaintias, Khasis, Garos, and Mizos
that inhabited the hilly terrain of Assam demanded the formation of a separate
hill state out of Assam as it existed. The tribal leadership in these districts, i.e.,
Chief Executive Members of the Councils in the districts, discussed the issue in
several of their meetings which resolved on two issues: One, they demanded the
formation of a separate Hills state to be carved out the hill districts of Assam and
Amendment of the VI Schedule because “it confers no real autonomy”. In 1954,
a conference of tribal leaders was in Tura (Garo hills).

The conference resolved to demand the formation of “a separate state for the
autonomous districts of Assam” and send a memorandum to the State
Reorganization Commission (SRC). The SRC rejected the demand because the
demand was limited only to three hills – Jaintia, Garo and Khasis excluded large
parts of Assam. The government appointed a commission under the chairmanship
of H.V. Pataskar (1965-66), known as Pataskar Commission, to reorganise
administrative set up in the hill area of Assam. Instead of a separate state, an
autonomous state, which came to be known as Meghalaya, was created on 1
April 1970 within the state of Assam. It was created following the passage of the
22nd Amendment [the Meghalaya Amendment Act 55 of 1969] (following passage
of the Assam Reorganisation (Meghalaya) Bill, 1969 by the both Houses of
Parliament. The autonomous state had a three-tier system of power distribution.
The Executive power was vested with the Governor of Assam, who was aided
and advised by the Council of Ministers in Meghalaya as an autonomous state
within Assam; the legislative assembly was created with membership open to all
Indians in Meghalaya with the exception of Shillong, where all seats in
(autonomous districts) were reserved for Scheduled Tribes; and the Governor
was empowered to nominate three persons to the legislative assembly form
74
minority community who in his opinion were not adequately represented. The Sub–Regional Autonomy and
Governance
Governor of Assam was empowered to constitute village courts and courts of
appeal with jurisdiction over tribals and non-tribals. Several state subjects were
transferred from Assam to Meghalaya, excluding public order, armed police,
railway police, and industry and sale tax. The Assam and Meghalaya legislatures
were given concurrent jurisdiction of agriculture, forest, transport, communication
and waterways. In 1972, Meghalaya became a separate state (for details, see
S.K. Chaube 1978).

The Bodo Movement


The Bodos, the tribes that inhabit plain areas of Assam– Kokrajhar, Baksa, Chirang
and Udalguri districts, have been demanding autonomy to their region to protect
their cultural and linguistic identity and economic interests. Although the Bodo
movement became more vocal and prolonged from the later 1980s, the Bodos
have been raising the demand for their autonomy since the 1960s. In the initial
years of their mobilisation, i.e., from the 1960s-1970s, the Bodos had demanded
a separate state of Udayanchal to be carved out of Assam. Such a state would
enjoy autonomy to decide concerning the Bodos’ cultural identity and economic
interests. The phase of the Bodo movement in the late 1980s began after the
signing of the Assam Accord in 1985 between the Government of India,
Government of Assam and AASU that had led the Assam movement. The Bodo
had participated in the Assam movement. After signing the Assam Accord, they
realised the need for autonomy: they felt that Clause 6 of the Assam Accord was
not favourable to their cultural autonomy and economic interests. Bodos claim
that they have a distinct cultural identity and economic interests. For their
protection, they need to have autonomy.

Consequently, Bodos launched a more assertive and sustained movement for


their autonomy than they did earlier. They demanded creating a state of Bodoland
consisting of districts with a substantial Bodo population to be carved out of
Assam. However, in due course, the Bodos shifted the focus of their demand
from a separate state of Bodoland to getting institutions such as the District
Autonomous Council enjoying autonomy with the state of Assam. In this context,
Bodos signed agreements or accords with the Government of India and
Government of Assam at different times and created autonomous bodies, i.e., in
1993, 2003 and 2020, Bodoland Autonomous Council (BAC), Bodoland Territorial
Council (BTC), Bodo Territorial Region (BTR) respectively.

6.4 THE QUESTION OF GOVERNANCE


The question of governance and sub-regional autonomy are intertwined.
Governance implies observance of certain parameters by a political system such
as transparency, accountability, efficacy, the rule of law, inclusiveness. It means
that the system is free from corruption and functions in a democratic way. The
demands for regional autonomy arise because the people in some regions feel
that their grievances are not addressed in the state of which they are part. In
other words, their regions are not correctly governed in their existing states.

In some cases of the large states, especially in Uttar Pradesh, those who support
the division of the state into different states argue that the existing state cannot
govern all regions equitably and democratically due to its large territory. In all
examples of demands for new states, it is argued that the new states will meet all
75
Federalism parameters of good governance: they will end various types of discrimination,
provide corruption-free, inclusive and democratic governance. They argue that
the smaller state provides better governance than big states. However, it has
been observed that although they have got regional autonomy, several small states
lack proper governance. There have been complaints of lack of governance, i.e.,
corruption, exclusiveness, and democratic deficit, even in regional or territorial
autonomy areas. Some people argue that ideally, smaller states are suitable for
good governance. Nevertheless, good governance depends on several other factors
such as trust among different stakeholders, nature of leadership, and role of civil
society organisations.

Check Your Progress 1


Note: i) Use the Space given below for your answer.
ii) Check your answers with the model answers given at the end of the
unit.
1) Identify the similarities and differences in the movements for the formation
of Jharkhand, Chhattisgarh and Uttarakhand states.
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
2) Discuss the relationship between sub-regional autonomy and governance.
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................

6.5 LET US SUM UP


Sub-regional autonomy is an important issue raised within the regions of many
states in India. People in such regions often complain that the interests of their
regions are not adequately protected within their state. They argue that they face
multiple types of discrimination – social, cultural, political and economic.
Especially in backward sub-regions, it is alleged that their natural resources are
exploited to benefit other regions. The grievances of the regions are both based
on reality and perceptions. Consciousness on the grievances gives rise to the
formation of regional identity and demands for getting political autonomy. The
people in the sub-region argue that granting autonomy to their region can enable
them to formulate policies and utilise natural resources for their development.
The demands for sub-regional autonomy are expressed in different forms:
formation of new states out of one or more than one existing states; recognition

76
of a region within a state as an “autonomous state”; formation of autonomous Sub–Regional Autonomy and
Governance
district, regional or territorial councils; or creation of Union Territories. The
demands for regional autonomy become frequent in some political contexts. In
India, such demands continue to be raised in different forms in different states.

6.6 REFERENCES
Bagchi, Romit (2012), Gorkhaland: Crisis of Statehood, New Delhi: Sage
Publications
Baruah, Sanjib (1999), India Against Itself: Assam and the Politics of Nationality,
Philadelphia: University of Pennsylvania Press.
Behera, Navnita Chadaha (2000), State, Identity and Violence: Jammu, Kashmir
and Ladakh, New Delhi: Manohar Publishers.
Chaube, S.K. (1978), Hill Politics in Northeast India, Orient Longman, New
Delhi.
Haragopal G (2010), The Telangana People’s Movement: The Unfolding Political
Culture, Economic Political Weekly, 45:42, October 16-22, pp. 51-60.
Mochahari, M. (2014), “State Hegemony, Identity Politics and Resistance in
Bodoland”, Journal of Tribal Intellectual Collective India, 2(4), 76-96.
Ramesh, Jairam (2016), Old History, New Geography, New Delhi, Rupa.
Sarkar, Swatahsiddha (2013), Gorkhaland Movement: Ethnic Conflict and State
Response, Concept Publishing House: New Delhi
Sarma Sumit Kumar (2017), “The Bodoland Demand: Genesis of an Ethnic
Conflict”, IOSR Journal of Humanities And Social Science, 22:01
Singh, Jagpal (2001), “Politics of Harit Pradesh: The case of western Uttar Pradesh
as a Separate State”, Economic and Political Weekly, 4 August, pp. 2961-67.
Tillin Louise (2013), Remapping India: the New States and their Political Origins,
Oxford University: Delhi.

6.7 ANSWER TO CHECK YOUR PROGRESS


EXERCISES
Check Your Progress 1
1) Multiple factors lead to the demand for regional autonomy. These are
exploitation of the region’s natural resources by other regions, lack of
recognition of social and cultural identities, and lack of adequate
representation in public institutions.
2) Federal institutions play a pivotal role in the contemporary global world.
Federal institutions accommodate the aspirations of sub-regional autonomy
problems. The nature of relationships between a sub-region and the
administrative units indicates an accommodative federal structure.
Check Your Progress 2
1) Similarities among the states of Chhattisgarh, Jharkhand and Uttarakhand
are, complaints in all three that the governments of their respective states
77
Federalism discriminated against them. Chhattisgarh and Jharkhand have a substantial
tribal population. Their differences were, the demand for Chhattisgarh did
not assume a form of movement, while in two other cases, they were
movements.

2) Regional autonomy and governance are interrelated. Governance is about


transparency in the functioning of administration, accountability, efficacy,
inclusiveness, etc. The demands for autonomy come from multiple
grievances caused because of lack of good governance. And the advocated
of regional autonomy argue that autonomy will result in good governance.

78

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