Centre-State relations between the opposition ruled States and the RSS Pariwar Union Government have worsened as never before. The much touted, much hyped ‘cooperative federalism’ by the Prime Minister (PM) has taken a big hit since 2014. Institution of Governor is aggressively misused to destabilize opposition (non-RSS Pariwar) ruled State Governments so much so that the implementation of committed welfare in the election manifestos of the elected state governments either stops or gets slowed. Tamil Nadu Governor in his recent opening address to the State Legislative Assembly and thereafter in Pongal function invitation made mincemeat of the Constitutional norms for his anti-democratic unprecedented misconduct having crossed all limits. In the process, he subverted the Constitution and the people’s sovereignty. People are the sovereign masters represented by the legislature. Such state governments are also under constant threats of central agencies like CBI, ED, Income-Tax and others through mostly foul means as against keeping RSS Pariwar in the government, both Centre and States, above board, through the ruling RSS Pariwar’s propaganda machinery and captive mainstream media, making a bonfire of what the Constitution stands for.
RSS Pariwar Union Government has abused power garnering loin’s share of money and muscle power through misuse of electoral bonds that it received from the corporates under the veil of secrecy openly buying out state legislators (MLAs), holding out threats of using the office of Governor to dismiss the elected state governments. So far, it has usurped nine opposition ruled State governments through coercive horse trading of greedy MLAs, the latest being Maharashtra Government under the Sangh agenda to finish off opposition parties and have a ‘one size fits all’ one party rule across all states. Election Commission of India, though initially opposed to electoral bonds, fell in line to the government’s dictates The Supreme Court has not taken up this case as yet. This has destroyed the level playing field for free and fair elections and in the process democracy has not flourished rather has been subverted. This has emerged yet another point of frictions between the Centre and States where democratically elected opposition state governments are not allowed to function.
With the abolition of National Integration Council and National Development Council in 2014 by the current RSS Pariwar Union Government, the two mega forums with all state Chief Ministers, Union Cabinet Ministers and leading lights of civil society and experts on board under the chairmanship of the PM, are no longer there to discuss thread bare issues facing the nation and evolve consensus on policy matters for peace, harmony growth and development. There is already friction between the Union and the States in exercise of treaty making power by the Central Government covering State List subjects without consulting the States. Many opposition ruled state Chief Ministers have been denied permission by RSS Pariwar Union Government in this area. Article 293 0f the Constitution, which provides for limitations of the borrowing powers of the States and the Union, is yet another point of friction between the Centre and States. While clauses (1) and (2) of the Article make general provisions empowering the respective governments to borrow money, clauses (3) and (4) raise certain interesting issues in that a dispute may arise where the Central Government refuses its consent to a loan requested by the State Government or where the Central Government imposes certain conditions which are not agreeable to the State Government. Already there is yet another point of likely friction between the Centre and States with the Union Government having on table a proposal to reduce limit of borrowing by States from the existing 4 per cent of their respective GDP to 3.5 per cent of GDP. It is learnt that the existing constitutional disputes settlement mechanism is not being adhered to by the authoritarian PM with all powers of the government centralized in PMO.
Yet another area leading to disputes between the Union and the States relate to certain provisions of inter-State trade, commerce and intercourse throughout India as can be seen between States of the Northeast region. Constitutional mechanisms for the settlement of inter-State disputes have assumed greater importance with the increasing complexities of the enlargement of inter-State engagements in the widening international economic order. The Constitution contemplates various mechanisms of inter-State disputes taking the word “disputes” in a wide and comprehensive sense to cover not only disputes that come up before the judiciary but also disputes for whose resolution, an extra judicial machinery is contemplated. Under Article 131 of the Constitution, the Supreme Court has exclusive jurisdiction to deal with disputes involving legal rights between the Union and the States inter-se, except in case of matters covered by Articles 262, 280, 290, and 143(2) read with the proviso to Article 131 of the Constitution. Another important Article of the Constitution relevant in this context is Article 263 relating to Inter-State Council for coordination between States. The Council, among others, tenders advices for resolution of inter-State disputes.
Under the States Reorganization Act, 1956, five Zonal Councils were established. Similarly, the North-Eastern Council has been set up under the North-Eastern Council Act, 1971. Under the States Reorganization Act, states were created on linguistic basis. But Marathi speaking Belgaum since renamed Belagavi district in Karnataka remains a bone of contention between Karnataka and Maharashtra. Maharashtra claims this district on predominantly Marathi speaking ground, over which both the States are daggers drawn against each other. Incidentally, RSS Pariwar rules both the States. This festering wound remains unresolved. The Inter-State Council has made considerable number of recommendations in the recent past for strengthening the Inter-State and Union-State relations. Article 263 contemplates inquiry into and advice upon disputes between the Union and the States. Article also enables charging the Inter-State Council with the duty of investigating and discussing subjects of common interests and making recommendations on such subjects.
RSS Pariwar Union Government, despite its repeated catchy slogan of “cooperative federalism” has failed miserably to maintain responsive ties with the States by obstructing their normal functioning through the open misuse of the office of Governors as also central agencies. It treats States as its fiefdom unmindful of the fact that in the scheme of the Constitution of India, the country is a union of states. Hence, union of India called the Central Government. This stipulates that the Centre has to treat States within the ambit of “cooperative federalism” to let the democracy and the public administration thereunder function effectively and flourish as envisioned and provided for in the Constitution of India. For this to happen Governors must be made neutral and accountable!