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Indian Journalof Integrated Research in Law Volume II Issue II ISSN: 2583-0538

ANALYSIS ON 'COOPERATIVE AND COMPETITIVE


FEDERALISM' IN INDIA

Anusha Pal, Christ University

ABSTRACT

The terms "Cooperative Federalism" and "Competitive Federalism" are


widely used in an exhaustive manner. In many political systems, the
political practice has distorted, the way the Constitution operates. Canada
and India both provide spectacular illustrations of Constitutional form and
operational reality. Therefore, not only the structural temperament of a
federal political system but also the character of the political processes, are
significant to understand its character. Inside each of the genus of Federal
Political Systems, there exist substantial variations. Federations for
instance, have diverse in terms of their inner diversities and National or
Multicultural character; in terms of the number and relative size of their
Constituent units; in requisites of the type and extent of the allocation of
Legislative and Executive authority and distribution of the revenues.

Keywords: cooperative federalism, competitive federalism, federal


political

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INTRODUCTION

The terms "Cooperative Federalism" and "Competitive Federalism" are widely used in an
exhaustive manner. My endeavor is to setup the conceptual framework to discuss the subject.
The developing views earlier expressed by Preston King (1982) and Dan Elazar (1987), I
would distinguish for the sake of clarity three terms: "Federalism," "Federal Political
Systems," and "Federations". The word "Federalism" is basically not a descriptive term but
rather a normative one that refers to the advocacy of multi-tiered government combining
elements of shared rule and territorial self-rule. It is based on the presumed value and
validity of combining unity and diversity and of accommodating, preserving and promoting
distinct territorial identities within a larger political union. The essence of federalism as a
normative principle is the perpetuation of both union and non-centralization at the same time.
1 The "Federal Political Systems" is a descriptive term applying to a broad category of
political systems in which by contrast to the single Central source of Constitutional and
Political authority in unitary political systems, there are two or more levels of government
combining elements of shared rule through common institutions and territorial self-rule for
the governments of the constituent units. Currently, among the approximately one hundred
and eighty politically sovereign States in the World there are two dozen Federations
containing about two billion people, or forty percent of the World's population, and
encompassing some four hundred any eighty Constituent or Federated States (regions). The
generally common structural characteristics of these federations as a specific form of Federal
Political System are the following:

(1) Two or more Orders of Government, each acting directly upon Citizens.

(2) A formal Constitutional distribution of Legislative and Executive authority and


allocation of revenue resources, to the different Orders of government ensuring some
areas of genuine legal and political autonomy for each Order.

(3) That provision for the representation of distinct territorial views within the Federal
policymaking institutions usually provided by the particular form of federal second
chamber.

(4) That a supreme written constitution not unilaterally amendable by either Order of

1 https://link. springer. com/chapter/10. 1057%2F9780230510388_10

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Government, and requiring for amendment, the consent of a significant proportion of


the constituent units.

(5) That an umpire (either in the form of courts or provision for referendums) to rule on
disputes between governments.

(6) That processes and institutions to facilitate inter-governmental collaborations for


those areas where governmental responsibilities are shared or inevitably overlap.

First, there is the important distinction between Constitutional form and operational reality.
In many political systems, the political practice has transformed, the way the Constitution
operates. Canada and India both provide dramatic illustrations of Constitutional form and
operational reality. Hence, not only the structural character of a federal political system but
also the nature of the political processes, are important to understand its character.

Second, within each of the species of Federal Political Systems, there exist considerable
variations. Federations for instance, have varied in terms of their internal diversities and
National or Multicultural character; in terms of the number and relative size of their
Constituent units; in terms of the form and scope of the distribution of Legislative and
Executive authority and allocation of the revenues.

RESEARCH AIM:

This paper plans to build up a connection between the Co-operative and Competitive
Federalism. I have made earnest efforts to analyse both types of Federalisms and while
further discussing what are the challenges faced by them along with the steps to strengthen
these concepts. Also, the Indian Constitutional perspective about Federalism has also been
discussed in this research paper.

OBJECTIVE OF THE STUDY:

To state comprehensively the meaning, origin and derivation of the terms, "The Co-
operative Federalism" and "The Competitive Federalism" and deriving the conclusionswhich
Federalism work best for the Indian Constitution, in the present scenario.

RESEARCH METHODOLOGY:

This doctrinal research is based on secondary source of Data, Articles, Books and Journals

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as well as various pronouncements by the Court of Law.

RESEARCH QUESTION:

1. Derivation of Federalism.

2. Indian Constitutional perspective about Federalism.

3. Analyzing Cooperative Federalism and Competitive Federalism.

4. Competitive Federalism as a tool for the Economic Development of theCountry.

5. Challenges faced by the Co-operative and Competitive Federalism.

6. Steps to strengthen these concepts in the context of India.

DERIVATION OF FEDERALISM

The term 'Federalism' is derived from the Latin word 'foedus' which means treaty or pact or
covenant. Federalism is the form of government wherein, at least two levels of Governments
exist within the country that is one at the Central level and the other at the State level. The
federal structure is characterized by the lack of full concentration of power under one single
Government. Rather, the authority of the government is decentralized under various levels
of government. The political principles that animate Federal systems, emphasize the primacy
of bargaining and negotiated coordination among several power centers; they mainly stress
the virtues of dispersed power centers as a means for safeguarding individual and local
liberties. 2 Federalism is a system of the government in which the same territory is controlled
by two levels of government. Generally, an overarching national government is responsible
for broader governance of larger territorial areas, while the smaller sub-divisions, States, and
Cities govern the issues of local concern. 3

INDIAN CONSTITUTIONAL PERSPECTIVE ABOUT FEDERALISM

The unending debate whether India has a 'Federal Constitution' and 'Federal Government' has
been grappling with the Apex court in India because of the theoretical label given to the
Constitution of India, namely, Federal, quasi-Federal and unitary. Until the West Bengal

2 https://www. britannica. com/topic/federalism


3 https://www. law. cornell. edu/wex/federalism

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decision in 1963, the Supreme Court of India had made many pronouncements labeling the
Indian Constitution as Federal. ' 4

The term "Federal" has not been mentioned anywhere in the Constitution of India. However,
India, since independence has followed a quasi-federal structure. Indian Governmental
modelis similar to that of the Canadian model of political structure. The Constitution of India
has established the federal structure to the Indian government by declaring it to be a "Union
of States" as specifically incorporated in Article 1 of the Constitution of India which was

debated threadbare on 15thNovember 1948 and 1 7 th November 1948, and 17thSeptember


1949 and 1 8 th September 1949. 5 Article 1 of the Constitution of India 1950 defines the
Name andTerritory of India as follows:

(1) India, that is Bharat, shall be a Union of States.

(2) The States and the territories thereof shall be as specified in the First Schedule.

(3) The territory of India shall comprise

(a) The territories of the States;

(b) The Union territories specified in the First Schedule; and

(c) Such other territories as may be acquired.

In Ganga Ram Moolchandani v. State of Rajasthan6 the Supreme Court reiterated: 'Indian
Constitution is basically federal in form and is marked by the traditional characteristics of a
federal system, namely supremacy of the Constitution, division of powerbetween the Union
and States and existence independent judiciary.

The Apex Court in ITC LTD v. Agricultural Produce Market Committee7 expressed
aview.

4 https://www. lawctopus. com/academike/federalism-india-judicial-


interpretation/#: -:text=State%20of%20Raj asthan%20the%20Supreme,States%20and%20existence%20indep
endent%20judiciary.
5
https://www. constitutionofindia.
net/constitution_of_india/the_union_and_itsterritory/articles/Article%201#:~:text=Draft%20Article%201 %2
0(Article%201,was%20a%20federation%20of%20states.
6 Ganga Ram Moolchandani v. State of Rajasthan AIR 2001 SC 2616
7 ITC LTD v. Agricultural Produce Market Committee AIR 2002 SC 852

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There are, however, certain decisions of the Supreme Court of India which are landmark
pronouncements on Federal features of the Indian Constitution which will be discussed in
the upcoming chapters.

The West Bengal's case of 1963 offers the first instance of this category where this issue
was discussed at length by the Apex Court. The main issue involved in this case was the
exercise of sovereign powers by the States of India. The legislative competence of the
Parliament to enact a law for compulsory acquisition by the Union of land and otherproperties
vested in or owned by the State and the sovereign authority of States as distinct entities were
also examined. The Apex Court held that the Indian Constitution did not propound a
principle of absolute federalism. Though the authority was decentralized, thiswas mainly
due to the arduous task of governing the large territory of India. The Court outlined the
characteristics, which highlight the fact that the Indian Constitution is nota "Traditional
Federal Constitution". Firstly, there is no separate Constitution for each State as is required
in a Federal State. The Constitution is the supreme document, which governs all the states.
Secondly, the Constitution is liable to be altered by the Union Parliament alone and the units
of the country that is the States have no power to alter or amended part of it on its own.
Thirdly, the distribution of powers is to facilitate local governance by the states and national
policies to be decided by the Centre. Lastly, as against a Federal Constitution, which contains
internal checks and balances, the Indian Constitution renders supreme power upon the courts
to invalidate any action or enactment violative or ultra-vires of the Constitution of India. The
Supreme Court further held that both the Legislative and Executive power of the States are
subject to the respective supreme powers of the Union. 8

Legal sovereignty of the Indian nation is vested in the people of India. Political sovereignty
is distributed between the Union and the States with greater weight in favor of the Union.
Another reason which militates against the theory of the supremacy of States is that there is
no dual citizenship in India. Thus, the learned judges concluded that the structure of the
Indian Union as provided by the Constitution one is centralized, with the States occupying a
secondary position vis-a-vis the Centre, hence the Centre possessed the requisite powers to
acquire properties belonging to States.

8 State of West Bengal v. Union of India AIR 1963 SC 1241

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It is very pertinent to mention here that initially the 'State of Jammu and Kashmir' now
reconstituted into two Union Territories that is "The Union Territory of Jammu and Kashmir"
and "The Union Territory of Ladakh" respectively, as per the 'Jammu And Kashmir Re-
organization Act, 2019' had its separate Constitution and as per Article 35A of the
Constitution of India, the Legislature of State of Jammu and Kashmir was within its
competence and power to enact its own laws on certain subjects. However, the Union
Government in order to bring all states within the fold of one Constitution, in view of 'Jammu
And Kashmir Re-organisation Act, 2019' and deletion of Article 35A and temporary
provisions of Article 370 of the Constitution of India, removed the said anomaly and now
both the Union Territories of Jammu and Kashmir and Ladakh respectively are fully
governed by as per the provisions of Constitution of India.

In the case of S. R. Bommai v Union of India', the word "pragmatic federalism" was used.
Quoting Justice Ahmadi, "It would thus seem that the Indian Constitution has, in it, not only
features of pragmatic federalism which, while distributing legislative powers and indicating
the spheres of governmental powers of State and Central Governments, is overlaid by strong
unitary features..."

The Part XI of the Indian Constitution lays down the distribution of Legislative, Executive
and Administrative powers between the Central Government and the State Governments
respectively. The Legislative powers are categorized under the Union list, State list, as well
as Concurrent list so as to distribute them amongst the Union and the State governments. The
Union List consists of 100 items on which the Parliament has an exclusive power and control
to legislate on defence, Armed Forces, Arms and Ammunition, Atomic Energy, Foreign
Affairs, War and Peace, Citizenship, etc. This is the lengthiest among the three lists. The
State List consists of 61 items of which the maintenance of Police Force, Regional Law, and
Order, Healthcare, Land Policies, Village Administration are included. The Concurrent List

under the 7 th Schedule of the Indian Constitution contains a list of powers that is to be
considered by both the Central and the State Governments. This particular list mentions other
matters relating to Marriage and Divorce, Agricultural Land, Education, etc. If there is a
conflict between the States and the Centre on the aspects of the concurrent list, the Parliament
shall prevail. Those subjects which are not mentioned in the first and second list are called

9 S. R. Bommai v Union of India AIR 1994 SC 1918

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Residuary Subjects. According to the Article 248, the power to legislatethe residuary powers
exclusively rests in the hands of the Parliament. The parliament shall legislate on these
powers as per the procedures set forth under Article 368 of the Constitution of India. The
Residuary Powers and the fact that the Centre prevailing over the States in case of conflict in
the concurrent powers makes the Indian Government both Federal and Unitary in nature. If
the above lists are amended or expanded, the legislation should be done by the parliament
under Article 368 of the Constitution with the ratification by the majority of the states. As
for the executive powers of the government, the Central government and the state
governments have their own independent law enforcing agencies controlled by their own
representatives.

The Central Government cannot interfere in the State matters unless the Presidential rule
under Article 356(1) is declared in the State. The Union Government's duty is to make sure
that the State Governments operate in accordance with the provisions of Article 355 and
Article 256 of the Constitution of India. The State Governments cannot violate the Central
laws on Administrative and Executive matters. If they violate the Constitution, President's
Rule can be enforced under Article 356(1) and the President can take control over the State's
Administration.

The federalism in India is a part of the basic structure of the Indian Constitution. It cannot
bechanged or removed through the Constitutional Amendment by the Parliament without
undergoing the judicial review 10 by the Supreme Court.

ANALYZING COOPERATIVE FEDERALISM AND COMPETITIVE


FEDERALISM

The concept of Federalism can be classified into two types based on the relationship between
the Union Government and the State Governments. They are:

+ Cooperative Federalism

+ Competitive Federalism

10 https://www. iasexpress. net/judicial-review-activism-overreach-difference/

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COOPERATIVE FEDERALISM

The Co-operative Federalism involves the Centre and States governments co-operating with
each other for the pan development of the Country. It involves the participation of all the
States in the creation and implementation of the National Policies of the Nation.

It is the horizontal relationship between the Centre and the States. The Constitution of India
has provided for the cooperative federalism in the inter-state Council, Zonal Council,
Schedule VII, etc. The Schedule VII of the Indian Constitution requires the States and the
Centre to co-operate among each other. The concept of Cooperative Federalism is

strengthened when the Goods and Services Tax was launched at midnight on 1 st July, 2017
by the President of India and Government of India.

COMPETITIVE FEDERALISM

The Competitive Federalism involves the competition amongst the States and also the
Centre for the economic benefits, in respect of economic affairs. This concept became more
prominent Post-1990's Economic Reforms. When India opened its doors and windows for
Globalization, there is now increasing competition between the States, for the limited
resources. This resulted in the imbalance and inequalities among the States.

However, in recent times, Competitive federalism has become an effective tool to enhance
the economic development of each States.

COMPETITIVE FEDERALISM AS A TOOL FOR THE ECONOMIC


DEVELOPMENT OF THE COUNTRY

Competitive Federalism is not the part of the basic structure doctrine of the Constitution of
India. However, it had gained prominence in the recent times in the overall government
functioning. As per the concept of competitive federalism, the States compete with each
other and the Centre for the individual economic growth and development. The States
compete with each other for the generation of funds and investments from external sources.
They are funded/aided by the Central Government based on their performance with the
previous funds. The investors opt for those States that are economically well-developed and

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politically more stable. To enhance the flow of funds and investments, the states work to
ensure strong and stable governance and also create a favorable investing environment. The
notion of Competitive federalism has not yet gained full excrescence amongst the States.
Only a few are embracing this idea by improving their economic and political stability. The
NITI Aayog (Hindi for Policy Commission) (abbreviation for National Institution for
Transforming India) is a policy think tank of the Government of India,established with the
aim to achieve sustainable development goals with cooperative federalism by fostering the
involvement of State Governments of India in the economic policy-making process using a
bottom-up approach. Its initiatives include "15-year road map", "7-year vision, strategy, and
action plan", AMRUT, Digital India, Atal Innovation Mission, Medical Education Reform,
agriculture reforms (Model Land Leasing Law, Reforms of the Agricultural Produce
Marketing Committee Act, Agricultural Marketing and Farmer Friendly Reforms Index for
ranking states), Indices Measuring States' Performance in Health, Education and Water
Management, Sub-Group of Chief Ministers on Rationalization of Centrally Sponsored
Schemes, Sub-Group of Chief Ministers on Swachh Bharat Abhiyan, Sub-Group of Chief
Ministers on Skill Development, Task Forces on Agriculture and up of Poverty, and
Transforming India Lecture Series. It was established in 2015, by the NDA government, to
replace the Planning Commission which followed a top- down model. The NITI Aayog
Council comprises all the State Chief Ministers, along with the Chief Ministers of Delhi and
Puducherry, the Lieutenant Governor of the Andaman and Nicobar Islands, and a vice-
chairman nominated by the Prime Minister. In addition, temporary members are selected
from leading universities and research institutions. These members include a chief executive
officer, four ex-official members, and two part-time members.
"

However, with the formation of the 'Union Territory of Jammu and Kashmir' and the
'Union Territory of Ladakh', the Lieutenant Governors of both the Union Territories are also
made members of the Council.

NITI Aayog acts as the quintessential platform of the Government of India to bring States to
act together in national interest, and thereby fosters Cooperative Federalism. Furthermore,
one of the directives of the NITI Aayog is to ensure the implementation of the Competitive
federalism. To ensure the decentralized economic development of the Country, the State

" https://en. wikipedia. org/wiki/NITI_Aayog

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governments are encouraged to not look towards the Central Government for policy
guidelines and fiscal assistance by increasing the share of States' central tax revenue from
32% to 42 % based on the recommendation by the Finance Commission. The States are
given full freedom to strategize their expenditure based on their own individual interests.
We have seen many successful stories of collaboration among States. India's improvement
in the World Bank's Ease of Doing Business (EoDB) Index. as per the latest World bank
ranking report of 2020, India has improved its ranking by seventy ninth position in last five
years from 2014-2019 and remained top ten performers third time in a row for the last three
years in world ranking. At present India has attained Sixty Third(63) positions in the EoDB
rankings. Given our federal structure, states have led the institution of many reforms. This
was made possible through the creation of an EoDB Index for Indian States and the release
annual rankings to indicate areas in which they are lagging. This sense of competition
prompted corrective action and made India a much easier place in which to do business. It
also speaks volumes that while the World Bank's EoDB Index only considers Delhi and
Mumbai when assigning India's scores, these states do not come top of India's index.
However, Gujarat model of EoDB has also been appreciated and considered by other States
of India.

Another major success story featuring collaboration between states is our Aspirational
Districts Programme (ADP). The NITI Aayoghas identified 117 laggard districts on
thebasis of Composite Index which include published data of deprivation, Health nutrition,
Education and basic structure in terms of socio-economic outcomes and instituted a
programme with convergence, collaboration and competition as the core tenets. Again,
states are the main drivers behind this programme, working with central government officers
to detect "low-hanging fruit" opportunities for immediate improvement.

Ease of Doing Business Ranking of States of India has called for the States to ensure a
politically and economically stable environment to attract businesses and investments. This,
in short, creates a competitive environment. Swachh Bharat Ranking System is another such
tool to increase the competitiveness among the states. The Centre sponsored schemes are
reformed to enhance the competition between states.

CHALLENGES FACED BY COOPERATIVE AND COMPETITIVEFEDERALISM

COOPERATIVE FEDERALISM:

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The Indian government is called quasi-federal because it integrates the characteristics of


both the Union and the Federal governments. The Centre exercises superior legislative
powers through residuary and legislative precedence. These are the powers that the Union
enjoys under the Constitution. The States' legislative powers have routinely yielded to it.
This creates an atmosphere of mistrust between the Centre and the States. Taxation powers
between the Centre and the States is a contentious issue. Most of the disputes between the
Centre and the State on the taxation issues have won by the former due to provisions of the
constitution. Under the GST, the states have forgone some taxation powers like octroi entry
tax, luxury tax, entertainment tax, etc. however, they still retain the power to levy taxes
through panchayats and municipalities. The southern states have been extremely vociferous
with regards the sharing of taxes between the States and the Centre as it is mostly subjected
to the recommendations of the Finance Commission and action by Parliament.

However, under Article 269A(1), the GST Council and not the Finance Commission has the
power to make a recommendation with regards to the sharing of taxes obtained from the inter-
state trade. The States have votes in the GST Council, giving them the power to have their
say on tax matters.

However, Articles 270(1) A and 270(2) states that the taxes levied under the GST laws will
be shared in the manner prescribed by the Finance Commission, not the GST Council. This
creates a clash between the roles and powers of the Finance Commission and the GST
Council.

Also, in reality, the sharing of revenue the subject matter of the Finance Commission and the
Parliament and not the GST Council where the States have a larger say on taxation matters.
This does not allow for cooperative federalism. There are no provisions for theaffected states
to the challenge the recommendations by the Finance Commission when it calls for the
mandatory enforcement of the recommendation. If the State is aggrieved by the
recommendations given by the finance commission, it has to litigate in the Supreme Court as
the GST Council is yet to establish a mechanism for resolving the differences in terms of
Article 279A (11).

COMPETITIVE FEDERALISM:

Despite the increase in the States' Central Tax revenue, the states are getting lesser revenue

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than anticipated. Thus, the funds for welfare schemes have come down. The competition
between the States is increasing the gap between the developed and under-developed states.
The States like West Bengal, Assam, Bihar, and Orissa are against the unvarying method of
funding because they are economically weaker compared to that of the other states and they
now call for special funds to boost their economic growth and investors' inflow. These states
require assistance from the Centre for their increased participation inthe competitive
federalism. The economic growth and development of India is not uniform in nature. They
differ from state to state. The economically weaker states must not be treated asequals to that
of the rich states. They must be given special attention by the Central Government so that
they can co-operate with those State Governments for the overalldevelopment of the Nation.
One cannot assume that all states will perform uniformly by giving them financial
independence. Some may lack progress with regards to the literacy levels, employment rate,
etc. , while the others may make use of their already well-developed skilled labour force,
capital, infrastructure, etc. , to woo the investors into their jurisdiction. This, in other words,
create an uneven economic growth and development of the Nation. In view of unprecedented
COVID-19 situation faced buy the entire country due to complete lockdown, the number of
States suffered economically for collection of various taxes particularly entitlement of their
respective shares under the GST and raised claim before the Centre Government for
compensation and the Centre government has taken into consideration certain measures to
look after the economic interest of various States.

Due to the above-mentioned factors, those states that lack economic development are not
able to participate in the competitive federalism.

STEPS TO STRENGTHEN THESE CONCEPTS IN THE CONTEXT OF INDIA

In 2017, NITI Aayog had called for Competitive Cooperative Federalism. For the inclusive
growth of all states in India, there must be a mix of both the cooperative and competitive
federalism. The aim of NITI Aayog is to encourage involvement and participation in the
economic policy-making process, with emphasis towards making the country a cooperative
federalism.

The NITI Aayog is a policy think tank of the Government of India, established in 2015 to
replace the Planning Commission. NITI Aayog aims for the actualization of the Sustainable
Development Goals in India and to enhance cooperative federalism by fostering the

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involvement of State Governments of India in the economic policy-making process using a


bottom-up approach.

The NITI Aayog had looked at only the big picture policy framework. It must also look at
the smaller micro-details at the grass root levels to understand the uneven economic
development of the nation. It works under the chairmanship of Prime Minister. NITI Aayog
(National Institution for Transforming India) will seek to provide a critical directional and
strategic input into the development process. 12

Recently, the Inter-State Council which is mandated to investigate and advice on disputes
between the States, has been reconstituted, with Prime Minister as its Chairman and Six
Union Ministers and Chief Ministers of all States as its members. The ten other Union
Ministers are also made permanent invitees to the council. This is a non-permanent
constitutional body that was set up under the Presidential Order based on the provisions in
Article 263 of the Indian Constitution. This is a step in the right direction.

There must be a sound mechanism to ensure cooperation between states on contentious


issues on sharing of land, natural resources this will ensure the overall development of the
nation. 13

There must be discussions on issues related to WTO obligations, international treaties etc.

,
between the States and the Centre for further strengthening the concepts of cooperative
federalism and inclusive economic growth.

The economically weaker states are complaining about the limitations of the process and
procedures of the ease of doing business index. This must be resolved by making the ranking
system more transparent and inclusive to strengthen competitive federalism.

CONCLUSION

Cooperative and Competitive federalism cannot be successful if they are separated from
each other. Both these concepts, though different, have the same goal - the economic growth
and development of the overall Indian economy. Thus, an efficient mechanism must be
made to bring them together for achieving the common objectives. Cooperative and

12 https://www. clearias. com/niti-aayog-think-tank-replace-planning-commission


13 https://www. iasexpress. net/national-resources-efficiency-policy/

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competitive federalism are need of the hour without which it could not be possible to achieve
the predetermined goals of constitution. But a balance needs to be maintained between them
through various check points like judiciary and various council to check one's exaggeration.

Cooperative federalism will ensure that States specific needs are taken care in policy
formulation and one size fit for all will not apply. For example, in the resource rich State of
Jharkhand, the need is to attract private investment from mining and manufacturing. For this
conducive environment (control on Naxalites) and technical education (open more technical
institutions) shall get higher priority in policy formulation. This is very different from the
needs of Kerala where most of educated people are jobless due to lack of high-end service
industry. Competitive federalism will create a compulsion for state government to
perform Competitive federalism will create a compulsion for state government to perform
better than other states to attract future voters. This will boost innovation and efficiency in
government delivery.

The critics of the Indian Federal system must not ignore the crucial fact that not only the
Federal Government in India has been made deliberately strong and powerful, but there is
also a centralizing tendency in the other Federal States of the world such as Switzerland,
Australia, Canada and the United States of America. It is the time to undertake a study of
Indian Federalism with a view to evaluate the trends, frictions and difficulties which have
developed in the area of inter-governmental relations and to seek to evolve ways and means
to meet the challenging task of making the Indian Federation a more sturdy, robust, strong
and workable system so that the Country may meet the tasks of self-improvement and
development.

The responsibility lies not only on the jurists and policy framers, but also the citizens of the
Country to work in a harmonious manner for the development of Nation.

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Indian Journalof Integrated Research in Law Volume II Issue II | ISSN: 2583-0538

REFERENCES

Journal Articles

> Ambar Kumar Ghosh, "The Paradox of 'Centralised Federalism': An Analysis of the
Challenges to India's Federal Design," ORF Occasional Paper No. 272, September
2020, Observer Research Foundation.

> National-State Relations: Cooperative Federalism in the Twentieth Century Joseph F.


Zimmerman Vol. 31, No. 2, Essays in Memory of Daniel J. Elazar (spring, 2001),
pp. 15- 30 (16 pages)

> The Efficacy Of Competitive And Cooperative Federalism In India And Its
Implications2018 Ijcrt I Volume 6, Issue 1 March 2018 1Issn: 2320-2882

> A System Analysis Of Cooperative Federalism: The Disability Insurance Program As

A Case Study. (1976), David Carl Baker, University Of Massachusetts, Amherst. Pg.
15

References

> DD Basu, COMPARATIVE FEDERALISM,( 2nd Ed. , 2008), Wadhwa &Co.


Nagpur.

> V. N. Shukla, CONSTITUTION OF INDIA, (12th Ed., 2013), Eastern Book


Company.

> H. M. Seervai, Constitution Law Of India: A Critical Commentary, (N M Tripathi


ed,Bombay 1975)

> D. D. Basu, Shorter Constitution of India, (13th ed. , 2001)

> Vol. 1, H. M. Seervai, Constitutional Law of India, (4th ed. , 2007)

Cases cited

> Ganga Ram Moolchandani v. State of Rajasthan AIR 2001 SC 2616

> ITC LTD v. Agricultural Produce Market Committee AIR 2002 SC 852

> State of West Bengal v. Union of India AIR 1963 SC 1241

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Indian Journalof Integrated Research in Law Volume II Issue II | ISSN: 2583-0538

> S. R. Bommai v Union of IndiaAIR 1994 SC 1918

URL Links

> https://link. springer. com/chapter/10. 1057%2F9780230510388_10

> https://www. britannica. com/topic/federalism

> https://www. law. cornell. edu/wex/federalism

> https://www. lawctopus. com/academike/federalism-india-judicial-


interpretation/#:-:text=State%20of%20Rajasthan%20the%20Supreme,States%20and
%20existence%20independent%20judiciary.

> https://www. constitutionofindia.


net/constitutionofindia/theunionanditsterritor
y/articles/Article%201#:-:text=Draft%20Article%201 %20(Article%201,was%20a%
20federation%20of%20states

> https://en. wikipedia. org/wiki/NITI_Aayog

> https://timesofindia. indiatimes. com/topic/NITI-Aayoghttps://in. linkedin.


com/company/nitiaayo

> https://www. clearias. com/niti-aayog-think-tank-replace-planning-


commissionhttps://www. iasexpress. net/national-resources-efficiency-policy/

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