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HCS (Haryana)Mains2022

Question

Distinguish between ‘coming together’ and ‘holding together’ models of federalism. Under which category would you categorize Indian federalism and why?

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Model Answer

Federalism refers to a system of governance where powers are divided between the central and regional governments by the Constitution. However, federal structures can evolve through different historical and political paths, giving rise to two models: ‘Coming Together’ and ‘Holding Together’ federalism. These models differ in their origin, power distribution, and degree of autonomy.

India’s federalism, as enshrined in the Constitution of 1950, represents a unique blend of both often termed “Cooperative and Competitive Federalism.”

Distinction between ‘Coming Together’ and ‘Holding Together’ Models of Federalism

Basis of DifferenceComing Together ModelHolding Together Model
OriginIndependent states voluntarily unite to form a federation for mutual benefit.A single, large country divides its power between central and state governments to accommodate diversity.
Nature of UnionBottom-up (Union formed by agreement).Top-down (Power shared by a pre-existing unitary state).
Distribution of PowersGenerally symmetrical; all units have equal powers.Asymmetrical; some units have special status or powers.
ExamplesUSA, Australia, Switzerland.India, Spain, Belgium.
Constitutional NatureTypically rigid; states enjoy sovereignty in their spheres.Relatively flexible; Centre usually more powerful.
CitizenshipDual (e.g., U.S. citizens are both state and federal citizens).Single citizenship (as in India).

India’s Federal Model: ‘Holding Together’ Federalism

India’s federalism is a “holding together” federation a union created to manage unity in diversity, not by voluntary agreement of states, but by constitutional design post-independence.

1. Constitutional Distribution of Powers

  • Union List (97 subjects) defense, foreign affairs, banking.
  • State List (66 subjects) police, agriculture, public health.
  • Concurrent List (47 subjects) education, forests, trade unions.
  • Article 248 & 356 give Parliament residual and emergency powers, emphasizing a strong Centre.

2. Asymmetrical Federalism

  • Article 370 (now repealed) for Jammu & Kashmir, Article 371 for northeastern and hilly states reflect asymmetry to preserve diversity.
  • Sixth Schedule ensures autonomy to tribal areas (e.g., Meghalaya, Mizoram).

3. Institutional Mechanisms

  • Inter-State Council (Art. 263) and NITI Aayog (2015) facilitate cooperative federalism.
  • Finance Commission (Art. 280) ensures fiscal balance 15th Finance Commission (2021–26) allocated 41% of divisible tax pool to states.

4. Fiscal Federalism

  • Post-GST (2017), Centre and states share indirect taxes, strengthening coordination.
  • RBI’s 2022 Report: States’ share in total expenditure 62%, showing increasing fiscal role of states in welfare spending.

Examples

GST Council Cooperative Federalism in Action

  • Equal representation of Centre and states; decisions largely by consensus.
  • Successful example of ‘Holding Together’ mechanism balancing power-sharing with national uniformity.

COVID-19 Pandemic (2020–21)

  • States like Kerala and Haryana showcased effective decentralised health governance under the federal framework.
  • Central guidelines under the Disaster Management Act (2005) demonstrated the dominant but coordinating role of the Centre.

Example: Implementation of PM-KUSUM (solar irrigation) and National Health Mission in coordination with Centre highlights pragmatic cooperative federalism.

Why India is ‘Holding Together’ Not ‘Coming Together’

  1. Origin: India’s federation was not formed by agreement of sovereign states, but by division of powers within a unitary colonial structure.
  2. Constitutional Supremacy: States cannot secede or alter boundaries without Parliament’s consent (Articles 3–4).
  3. Unequal Power Distribution: Centre holds overriding powers during emergencies and legislation on Concurrent subjects.
  4. Single Citizenship and Unified Judiciary: Indicate strong unitary features within a federal framework.

Evolving Nature: From ‘Holding Together’ to ‘Cooperative and Competitive Federalism’

  • NITI Aayog (2015) promotes Team India concept, aligning Centre–State partnership in policy planning.
  • Economic Survey 2020–21 recognized “competitive federalism” where states compete for investments and innovation.
  • 15th Finance Commission (2021) and GST Council exemplify evolving fiscal partnership.

India’s federalism is a “Holding Together” model with a cooperative spirit. It harmonizes central authority with state autonomy, ensuring unity amidst diversity.

As Dr. B.R. Ambedkar aptly stated, “The Constitution is both unitary and federal according to the requirements of time and circumstances.”

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2022 — Distinguish between ‘coming together’ and ‘holding… | Dr. Amit IAS Academy