Indian Federalism: What is Cooperative Federalism?

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Indian Federalism What is Cooperative Federalism?
By Federalism we mean a structure of government
where the functions, powers and authority are
divided between two levels of government i.e. -
Central government and State Government. These
two levels are separate and independent of each
other in terms of exercising their powers. This
system is an antithesis of Unitary System, where
the country is governed by a single level of
government and this sole institution holds the
supreme position in the state. Cooperative
Federalism is a type of Federalism, which well
be discussing today. Definition Cooperative
Federalism is the branch of Federalism which
envisages that all the levels of governance,
which are-
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• central, state and local bodies, should cooperate
  with one another in order to achieve collective
  goals for the benefit of the society. All these
  bodies put their collaborative efforts towards a
  common goal and strive to achieve that for the
  growth of country. No level of government is
  supreme in this Federalism all share their
  place at a horizontal line.
• Examples
• Examples of Cooperative Federalism might be given
  by following situation-
• There is said to be Cooperative Federalism, when
  Central and State Governments have a healthy
  nexus between their functions. Neither the
  Central Government imposes some random
  provisions upon the States nor the States nor do
  Local Bodies work in a manner that is completely
  antithesis to the working of Central
  Government.
• If the Central Government wants that railway
  stations shall be well maintained in each state,
  it might provide a financial aid to those states
  for the completion of this task. This aid may be
  given for the purchase of some equipment or to
  hire labours and workers.
• How it Works in India?
• Indian Constitution has been given the label of
  Quasi- Federal by Prof. K. C. Wheare. We can
  also call it a mixture of federal principles and
  unitary principles. However, there is

no mention of word Federalism
anywhere it is apparently seen
in India Constitution in the functioning of
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• governments in the country. Governance in India
  is done by following federal principles with a
  slight tilt toward unitary formulas. India has
  not adopted a full flesh version of Federalism
  rather it has a stronger centre which is created
  by joining many states. Now, here is the
  important thing- some people see the stronger
  tendency of centre as opposite to Federalism,
  however this is something which is the steam of
  Federalism. A stronger centre is necessary to
  bound states in it and to promote a better
  functioning of the government. Following are
  some examples of Cooperative Federalism in
  India-
• Article 1 of COI- The very first article of the
  Constitution provides that India shall be a
  Union of States. This very provision provides
  for the integrity among the Union and the
  States, as one is inseparable to another. This
  was the first idea of cooperation among states
  and the centre.
• Seventh Schedule- The Seventh Schedule of the
• Constitution of India consists of three lists,
  namely- the Union list, the State list and the
  Concurrent list. These lists contain matters of
  national importance which have been divided
  between Central and State Government to
  legislate upon. This is an ideal example of
  coordination among the different levels of
  government in India.
• Inter State Council- Article 263 of the COI,
  provides for
• the establishment of an Inter-State Council by
  the President, if he believes that such council
  is necessary to discuss and investigate subjects
  which have a larger public interest. Also, this
  council is charged with the duty to make
  suggestions upon any matter for the better
  implementation or coordination of policies. This

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• council promotes cooperation and coordination
  among states.
• Zonal Councils- Section 15 of the State
  Reorganization Act, 1956 provides for the
  constitution of zonal councils for all the five
  zones in India. These councils consist of
  representatives from every state, union
  territories and the union. These councils are
  charged with the function of being an advisory
  body in any matter in which some states or the
  union has a common interest. They stem
  cooperation among the states and the union.
• National Development Council- This council was
• developed as a functionary under the Planning
  Commission. This was set up as an agency to
  support the implementation of five years plan
  made by the Planning Commission. This council
  helped in promoting cooperativeness because it
  had the Prime Minister, Union Cabinet Ministers,
  Chief Ministers of all states and
  representatives of Union Territories as its
  members.
• However, it has been dissolved after the
  constitution of Niti Ayog in 2014.
• Niti Ayog- National Institute for Transformation
  India (NITI AYOG) has replaced the planning
  commission in 2014. This institution also has
  the representation of all states, which promotes
  cooperation.
• GST Council- The Constitution (One Hundred and
  First Amendment) Act, 2016 introduced the
  concept of GST GST Council. This council shall
  be making recommendations to the Union and the
  States on the taxes and surcharges levied by the
  Union, the States or the Local Bodies. Its
  members represent all the levels of the
  government. Therefore, this council ideally

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• promotes cooperation among the Centre, States and
  Local Bodies.
• Taxation Powers- Article 269A (1) of the COI
  provides that, the GST Council and not the
  Finance Commission has the powers to make
  recommendations about distribution of taxes in
  interstate trade. This provision is very
  important in respect of economic cooperation of
  states because states have a right to vote in the
  GST Council. Similarly, Article 270 provides
  that the tax collected by the Union under
  article 246A and under Inter-State Trade, shall
  be distributed among the states too.

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.
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