Reflections on the ‘quasi-federal’ democracy

Aswini K Ray
Contd from previous issue
Myrdall’s “soft state” is reincarnated in the Pegasus era with fake videos and new instruments of mass distraction and coercion. Galbraith’s “functioning anarchy”, now has greater criminalisation in India’s democracy, which includes over 30% legislators with criminal records, and courtrooms turning into gang war zones; it is now more anarchic, but still functioning, bypassing any “Dangerous Decade” or a “1984”.
Federal theorist K.C. Wheare analyses India’s “centralized state with some federal features” as “quasi-federal”. He underscores the structural faultlines of Indian federalism not simply as operational.
So, while many democratic distortions are amenable to mitigation by institutional professionalism, Indian federalism, to be democratically federal, needs institutional amendment despite being a “basic structure”. Wheare’s argument merits consideration.
Many deficits
Democratic federalism presupposes institutions to ensure equality between and among the units and the Centre so that they coordinate with each other, and are subordinate to the sovereign constitution — their disputes adjudicated by an independent judiciary with impeccable professional and moral credibility.
But India’s federal structure is constitutionally hamstrung by deficits on all these counts, and operationally impaired by the institutional dents in the overall democratic process. Like popular voting behaviour, institutional preferences are based either on ethnic or kinship network, or like anti-incumbency, as the perceived lesser evil, on individual role-models: T.N. Seshan for the Election Commission of India, J.F. Ribeiro for the police or Justices Chandrachud or Nariman for the judiciary.
India’s federal structure, underpinned on the colonial ‘1935 Act’ which initiated ‘provincial autonomy’, attempted democratising it by: renaming “Provinces” to autonomous “States”; transferring all “Reserved Powers” to popular governance; constitutionally dividing powers between the two tiers; inserting federalism in the Preamble, and Parts 3 and 4 containing citizens’ “Fundamental Rights” and “Directive Principles”; but nothing about States’ rights, not even their territorial boundaries. This has enabled the Centre to unilaterally alter State boundaries and create new States. The Indian Constitution itself has been amended 105 times in 70 years compared with 27 times in over 250 years in the United States.
With ‘nation-building” as priority, the constitutional division of power and resources remains heavily skewed in favour of the Centre; along with “Residual”, “Concurrent” and “Implied” powers, it compromises on the elementary federal principle of equality among them, operationally reinforced by extra-constitutional accretion. While the judiciary is empowered to adjudicate on their conflicts, with higher judicial appointments (an estimated 41% lying vacant), promotion and transfers becoming a central prerogative, their operations are becoming increasingly controversial.
Structural conflicts
The story is not different for the “all India services”, including the State cadres.
(To be contd)