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Changing Rhythm And Beat Of The Indian Federal System: Analysis Of Socio-Economic, Political, New Liberal Economic Policies Adopted By Modi Government

The re-appointment of the Bharatiya Janata Party (BJP) in 2019 with a greater predominance than what it had in 2014, means the development of a prevailing political hegemony in India after quite a while. The BJP's development has likewise come to the detriment of non-Congress parties in an enormous number of states.

This is best found in the suppression of the vote portion of non-BJP non-Congress parties in the 2014 and 2019 Lok Sabha decisions. In the midst of the growing hyperbole of intensifying cooperative federalism in India, it is practically the right approach to take pauses periodically and review the real progression.

The ongoing budget season is the opportune chance to complete a reasonable evaluation. Since the Union budget for 2020-21 was tabled on 1 February, a minimum of four state governments have published their budgets, namely:
  • Odisha,
  • Tamil Nadu,
  • Rajasthan and
  •  Uttar Pradesh
Although the first two states are dominated by regional parties, Rajasthan is ruled by the Congress, and Uttar Pradesh is governed by the Bharatiya Janata Party (BJP).

Sad to say, even after being a functional democracy for close to ten decades, India can not neglect the position of the parties in power while reviewing the dynamics between various pillars of governance. A nonchalant examination which merely emphasises requirements and performance is unlikely to disclose the complete scenario. Certain changes have been brought to the application and elementary architecture of federalism in the past years.
  • Calibration of Indirect Taxation:
    The calibration of indirect taxation by the Central and state governments, as well as the removal of inter-state tariff barriers, were significant steps toward achieving a conventional market across the country.This shift has necessitated the Centre and states stockpiling their sovereignty in order to pursue common national economic goals.But veto rights will not be given to States on the GST Council that controls the operations of the new tax-they will have to form a coalition with the Central government to get amendments passed.
     
  • Abolition of Planning Commission:
    The other paramount organisational innovation in regard to federalism was the prime cause for the abolition of the Planning Commission. The government asserted that Niti Aayog would supervise the alteration from top-bottom, Centre-to-state policy motion towards a genuinely cooperative collaboration between the two. During the Niti Aayog's initial meetings in February 2015, Modi urged states to adopt a spirit of "competitive, cooperative federalism," in which they would compete with each other to improve governance, working in tandem for the noble goal of "sabka saath, sabka vikaas."
     
  • Revocation of Article 370:
    We are all well aware of the government's famous act of dividing Jammu and Kashmir into two separate union territories, Jammu and Kashmir and Ladakh. If we go into the constitutional arena, we find that article 370 (3) provides that the president possesses the power to revoke any article after taking the recommendation of the constituent assemblies.
     
  • Aadhar Bill 2016:
    This bill also caused a stir in the country due to the privacy concerns that it raised.The bill was introduced in the parliament in the form of a money bill since the purpose behind it was to grant incentives and subsidies to the needy people. The Supreme Court stated in its decision that it can not be disputed that this bill is not a money bill and also denied the issue of colorable legislation. The famous case on colorable legislation is the State of Bihar v. Kameshwar Singh, in which the court clearly described what can be held in the colorable legislation, and it would be highly relevant to recall Justice Chandrachud, who gave a disseminated opinion.
     
  • Farm laws 2020:
    This is the most contentious legislation that has captivated everyone's attention, and it is a clear example of the central government's superimposing powers. This government enacted the farmer produce trade and commerce promotion and facilitation act 2020, which prohibited the state government from charging any market fee to farmers' traders for the trade of farmers' products. After the Successful protest by the farmers for almost a year with a lot of difficulties and challenges came across their way, finally the government has conceded and will be taking these farm laws back.
Party Politics has outclassed economics and the greater good is still far in India's chronicle of cooperative federalism. Urgent need has been realised to fix this before it is too late. A significant amount of transparency and stakeholder involvement in the budget-making process of the Centre and states will undoubtedly take more time in this matter, as will an institutionalized structure for better Centre-state coordination. Above all, political parties must move beyond their mundane notion of electoral behaviorism and take actions in favor of the country's substantial benefits in order to churn the true perspective of cooperative federalism.

References:
  • https://www.bbc.com/news/world-asia-india-49234708
  • https://blogs.loc.gov/law/2019/10/falqs-article-370-and-the-removal-of-jammu-and-kashmirs-special-status/
  • https://www.livemint.com/news/india/cabinet-approves-proposal-to-repeal-three-farm-laws-11637739984964.html
  • https://indianexpress.com/article/explained/farmers-protest-farm-laws-repeal-7632011/
  • https://economictimes.indiatimes.com/news/politics-and-nation/abolishing-planning-commission-was-a-tughluqian-move-jairam-ramesh/articleshow/63775249.cms
Written By: Naman Tripathi, LLM Candidate (Constitutional Law) at National Law University Odisha, Cuttack (2021-2022), BA.LLB (hons) (Constitutional Law) from Hidayatullah National Law University Raipur(2016-2021)
Email: [email protected], [email protected], Ph no: 8770039624

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