The document discusses cooperative federalism in India, the United States, Australia, and Canada. It defines cooperative federalism as involving interaction between national, state, and local governments to solve common problems. In India, cooperative federalism is depicted through provisions in the constitution like the Seventh Schedule, All India Services, Zonal Councils, NITI Aayog, and GST. Mechanisms of cooperative federalism in other countries include intergovernmental agreements, delegation of powers, and executive/judicial cooperation. While India's constitution incorporates some elements of cooperative federalism, the central government still maintains superiority over states.
2. Federalism
Federalism is the division of power between center and
its various constituents, like provinces, states, cantons
and so on. Cooperative federalism is a concept or subset
of federalism where national, state and local
governments interact cooperatively and collectively to
solve common problems.
After independence, India adopted a quasi-federal
structure of government. Although the term in itself is
not defined in the constitution, the arrangement of power
sharing is essentially of the nature of federalism but with
some elements of unitary structure.
3. Cooperative Federalism
In Cooperative federalism the Centre and states share a
horizontal relationship, where they “cooperate” in the
larger public interest.
– It is an important tool to enable states’ participation
in the formulation and implementation of national
policies.
– Union and the states are constitutionally obliged to
cooperate with each other on the matters specified in
Schedule VII of the constitution.
4. Cooperative federalism
Cooperative federalism is the horizontal
relationship between union and states and shows
neither is above the other. Indian constitution has
incorporated instruments to ensure co-operation
between the center and states to ensure that
cooperation is necessary for the proper growth of
the country. Therefore, few are the listed
provision in the Indian constitution which
depicts the core relationship between center and
state.
5. Cooperative Federalism in Indian
Constitution
The Seventh Schedule
All India Services
Zonal Council
NITI AYOG
GST
6. 7th schedule
It demarcates central, state, and concurrent lists
based on the principle of subsidiarity. Residuary
power has been kept with the center. Article 249
provides authority to the parliament to make on
those subjects which are under state jurisdiction
if the resolution passes in-state council with a
two-thirds majority.
7. NITI AYOG
NITI AYOG' or the National Institution for
Transforming India. It is a Government of India
policy, also called the think-tank established by the
Narendra Modi government to replace the Planning
Commission. The main emphasis of NITI AYOG is to
bring the effect over center and state relationship.
NITI Aayog provides relevant strategic technical
advice at the center and state levels, dissemination
of best practices within the country as well as from
other nations, infusion of new policy ideas, it
ensures that India is an active player on the global
grounds.
8. All India Services
An integrated judicial system has been
established to enforce both states as well as
central laws. All India services provide another
uniting factor in cooperative federalism. This
provision is enshrined in article 312 of the
Indian constitution. Inter-state Council Under
article 263 of the constitution has been
established to discuss and investigate the
subject of common interest between the center
and the states.
9. Zonal council
These are statutory bodies established under the
State reorganization act of 1956 to ensure
coordination. It provided for 5 zonal councils, one
for each north, south, east, west, central. The
northeastern council has been created under a
separate act.
GST
GST is a single tax on the supply of goods and
services, right from the manufacturer to the
consumer. GST was passed by the 101st
amendment, 2016 and it came into effect on April
1, 2017. The main agenda behind the whole
concept of GST is ‘ONE TAX ONE NATION‘.
10. Cooperative Federalism in USA
USA federal government in the 19th century.
• Internal improvements
• Subsidies (mainly to shipping)
• Tariffs
• Disposal of public lands
• Immigration law
• Foreign policy
• Copyrights
• Patents
• Currency
11. Cooperative Federalism in Australia
Specific mechanisms of co-operative federalism in Australia include:
1. Intergovernmental agreements providing for:
– uniform legislation enacted separately by each participating polity;
– interlocking legislation by Commonwealth, State and Territory
parliaments which may involve adoption of a standard law enacted by one
polity.
2. Delegation of legislative power:
– by the Commonwealth under the territories’ power;
– by the Commonwealth under section 51(xxxviii) of the constitution.
3. Referral of State legislative power to the Commonwealth on a particular
subject or to support a particular statute.
4. Executive cooperation.
5. Judicial cooperation.
12. Cooperative Federalism in Canada
Canada is a federation with eleven components: the
national Government of Canada and ten provincial
governments. All eleven governments derive their authority
from the Constitution of Canada. There are also three
territorial governments in the far north, which exercise powers
delegated by the federal parliament, and municipal
governments which exercise powers delegated by the province
or territory. Each jurisdiction is generally independent from
the others in its realm of legislative authority. The division of
powers between the federal government and the provincial
governments is based on the principle of exhaustive
distribution: all legal issues are assigned to either the federal
Parliament or the provincial Legislatures.
13. CONCLUSION:.
• It is true that in our country Constitution is supreme
and its provisions are followed everywhere, but India
has not been able to incorporate Cooperative
Federalism in its complete sense. People of India have
always advocated this concept but in practical life there
are certain things that have proved to be a hindrance
for the adoption of complete Federalism. Though
states have been given due autonomy in their
functions, their freedom is subject to superiority of
Central Government. Hence, the upper hand of Central
Government in every matter and incorporation of
unitary features in our Constitution prove that we still
have a long journey to accept this ideology..
