• UGI USER
  • Dec 15, 2023
  • 27 Likes
  • 0 Comments

ASYMMETRIC FEDERALISM

What is Asymmetric Federalism?

  • Asymmetric federalism is a governance model where regions within a federal state enjoy varying degrees of autonomy, deviating from a uniform distribution of powers.
  • It accommodates diverse needs, granting specific states or regions unique provisions or privileges, reflecting flexibility in the distribution of authority within the federal structure.

Quasi-Federal Governance:

  • India’s governance structure is quasi-federal, striking a balance between unitary and federal setups.
  • In a federal structure, states have varying degrees of autonomy and legislative powers.

Seventh Schedule of the Constitution:

  • The Constitution’s Seventh Schedule outlines Union, State, and Concurrent lists prescribing subjects for legislation.
  • In the Concurrent list, both the Centre and states can legislate, with Union law prevailing in case of conflicts.

Asymmetric Federalism and Special Status:

  • Asymmetric federalism exists in India, where not all states have equal status.
  • Special status, while necessary for India’s diverse states, face criticism for potentially fostering regionalism and separatism.

Examples of Asymmetric Federalism:

  • Article 370, which formalized Jammu and Kashmir’s relationship with India, is a notable example.
  • Nine states, including Nagaland and Mizoram, have special provisions under Article 371A-l, granting negotiated autonomy.
  • Delhi, despite not being a state, has unique powers outlined in Article 239AA for administering the national capital.

Temporary, Transitional, and Special Provisions:

  • Special provisions for states, despite being termed “temporary,” lack explicit expiry dates.
  • For states like Nagaland and Mizoram, the negotiated autonomy remains protected under these provisions.

Supreme Court’s Interpretation:

  • In the case of Jammu and Kashmir, the Supreme Court ruled that Article 370 represents asymmetric federalism but doesn’t imply internal sovereignty.
  • The court emphasized the political and constitutional concessions made to states for reasons beyond political necessities.

Delhi’s Unique Arrangement:

  • Delhi, not classified as a state, has a distinct administrative arrangement outlined in Article 239AA.
  • Despite its unique status,it possesses legislative powers over subjects in both the state and concurrent lists, showcasing an exception in India’s federal structure.