Cooperative federalism in India: Expectations and challenges

The term ‘federalism’ is derived from the Latin word ‘foedus’, which means treaty or contract. Federalism is a form of government based on division of powers between the union and the States whereas in Cooperative federalism these relations are amicable one aimed at achievement of common goals. Thus, Cooperative federalism provides a framework for dealing with complex issues and promoting the welfare of diverse populations and interests within a federal system by encouraging cooperation and shared decision-making. Unity in diversity is the inbuilt feature of Indian history and culture and it has been well accommodated in the Indian constitution. Finance Commission, 4^th and 7^th Schedules, All India Services, GST Act, Articles 54, 262 and 263, NITI Aayog, 73th and 74^th Amendment Acts and Zonal Councils etc. make provisions to promote cooperative federalism in the country. In the Kesavananda Bharti case (1973), the Hon’ble Supreme Court by defining the concept of Basic structure, gave a boost to strengthen the cooperative federalism in the country. It is evident in various joint schemes and projects like the Integrated Child Development Scheme, MNREGA Schemes, Swachh Bharat Abhiyan, Smart Cities programmes, Ayushman Bharat, Development of the North-East and so on. Indian federalism has distinctive features, unlike USA federalism. Dr B R Ambedkar had aptly said, ‘Indian federalism is Indestructible Union of destructible states rather than Indestructible Union of indestructible states’. Destructible states feeble the cooperative relation between the union and the states. The acceptability of cooperative federalism comes with a number of difficulties such as disagreements over resource distribution, political tensions, and administrative obstacles. In current times, the major contentious issues around the union and the state government are misuse of the office of the Governor particularly in non-BJP ruled States, Article 356, GST and the Central Agencies like Enforcement Directorate and CBI. In order to overcome these hurdles, efficient coordination, trust-building, and capacity-building are crucial. In this research paper, an attempt has been developed to discuss and analyse Cooperative federalism and its critical evaluation in India.