India’s Federalism at Cross Roads?

'Mullai Periyar Dam' - Cracking Dam or Indian Federalism?
The uneasiness’s between the quarrelling states in India are turning uglier day by day. The causes for divide in opinion could be political, economic or even social. Whatever the differences are, they need to be sorted out within the framework if the Constitution. If first round talks fail, second round and keep discussing until the issue is settled constitutionally.
The recent fall out of clashes between the states say it is Karnataka- Tamil Nadu row over water sharing ( Hogenakkal and the Cauvery water sharing) or Kerala- Tamil Nadu standoff between the Mullai Periyar Dam, incidents have folded uglier that somehow makes a person feel that the inter-state borders have become Huntington’s “Civilisational Fault lines”!
My apprehension is precipitated by a popular news item in leading dailies of Tamil Nadu that (14th December 2012). An IPS Officer in rank of an Additional Director General of Police ( ADGP), hailing from Kerala allotted to Tamil Nadu Cadre ( 1984 Batch IPS), has been accused with a swear word “Malayaali” for being biased to Kerala!
What did the IPS Officer do?
The Addl Director General of Police was on duty and had to disperse the crowd along the TN Border side in the District of Theni, Tamil nadu. The angered protestors started becoming unruly and were trying to enter into the Kerala unwilling to disperse. The ADGP along with the Deputy Inspector General of Police (DIG) another IPS Officer a native Tamilian was also involved in the same job. When the DIG, a TN Home cadre Officer was spared from the verbal firing of the mob, the ADGP was shouted that he is acting in favour of Kerala, his home state. This barbaric and chauvinistic manner of accusing an officer discharging his duty might be a Hedonistic activity for the protestors, who were emotionally charged. But what really is unsavory is, the way media have highlighted and also endorsed the view of the protestors that the Officer is biased. This is a matter of great concern, especially when Justice Katju was in the line of fire when he mooted a code of conduct for the media, in good faith.
This vandalism accusing a civil servant who has almost spent two decade in a State, being biased against the cadre (State) for which he/she has been toiling is indeed preposterous and unconstitutional. If this attitude is not curbed immediately by the State Government, then the ‘All India Civil Servants’ allotted to Cadres other than Home Cadre shall be obviously viewed with suspicion. Can a Officer hailing from Tamil Nadu, allotted to Kerala or Karnataka or other neighboring states can be termed to be working against his allotted cadre?
If this applies for All India Civil Servants, then the officers emerging within the state would be obviously branded as an outfit for a specific caste/social group! This spiral effect will not only damage the stability of bureaucracy but also ridicule the basic framework of India’s Federalism.
When officers necessarily and constitutionally need to act against the mobs/agitating people taking orders from above as a civil servant, these uncouth chauvinistic propaganda will not only demoralize them, but also erode the faith of people on the fundamental institutions of Governance. Undoubtedly I feel these are the worst moments of Indian Polity.
Indian Federalism: A Quick Look
I recall my student days’ moments of reading Grenville Austin’s writings on Indian Constitution during its embryonic stage. I also remember reading that at the time of Independence (1947); there were three types of Political Establishments in British India. (1) The British Provinces – The Bombay, Calcutta and Madras Presidencies (Singular: Presidency), (2) The States Acceded to India (Cochin, Bikaner and Jawhar) and (3) Princely States: Travancore, Hyderabad and may others. These three establishments were originally destined to be treated altogether in a different approach under the proposed Union of India.
Going by the earlier arrangement of Government of India Act, 1935, the Indian Union that was to materialize had the arrangement as if that the distribution of powers between the State and the Centre shall be governed as a federal system where the erstwhile Provinces shall enjoy very little power and the acceded states more power – that was the source of justification of the Privy Purse, which was later abolished.
Unfortunately, with the idea of a Strong Nation State perceived by Patel and operationalised by Nehru, we have the present political system of a week federal arrangement – Weak States and a Strong Centre, with the residuary powers of legislations vested with the Centre. The growing ambitions of the states at the cost of inter-state relationship not only vitiate the guarding principles of Federalism, but also attacks the foundation of the Idea of “Indian State”, belittling the lengthy political, cultural and economic history of India.
It is at this point we need to be reminded of the fact that structurally, one of the binding factors of this loose federalism or loosely packed Indian Union, the system of Civil Service and and certain solid agreements on States- Centre Relationships.
The Dynamics of Inter-State Conflicts on Executive and the Judiciary
With the advent of the inter-state conflicts that is often the initiative/response is from the Legislative organ of the state government. This action or reaction is against the structure of the Constitution. And it is quite obvious that this stress should impact the Executive Organ or/ and the Judiciary. It is these ‘curses on civil servants’ and the ‘undue pressure on Judiciary’, that often becomes the buffer of this structural weakness. These phenomena if continued unchecked will only result in the erosion of basic structures of Constitution as well as Governance in India.
Smaller State or Bigger State - The Issues are all the same
There is a sizable advocacy for the reorganization of bigger states into smaller ones and at the same time at the same time when it is talked that all the rivers need to be nationalized and Dams to be controlled by Central Armed Forces. Also, often, the Governments at the Centre (whether this party or that party) is blamed by the state governments for the non implementation of the Social Security schemes such as the Right to Education Act and the NREGS. It is at these moments, the states, the constituents of the Union of India should realize of the dictum ‘United We Stand and Divided We fall’. It is at these moments, I see that unwittingly the state political parties undermine themselves and possible that must be the reality as well!
Regional Political Autonomy : A Distant Dream?
These are times one has to think about the shortcomings of aspiring for regional political autonomy. With the rudimentary forms of political culture and the least degree of participative civic culture essentially required for “Political Transformations that we seek for”, India should put on hold the decision of “Regional Political Autonomy” for another 100 years!!
Slowly States should realize of their limitations. The states should realize that what India today is a product of history and not a fast food! That is the strength of India’s Unity, Indian Solidarity! India is not a creation in a day! It’s neither a religious construct but a Cultural construct closely knitted with each other.
A careful content analysis from the commodities we use from dawn to dusk from electricity to tooth paste and brush, soaps to shampoos, buckets and mugs, clothing and shoes, automobiles to everything we come across each day depicts India’s Oneness. Hence the slogan “United we stand- divided we fall” is not mere a romantic statement!
At the same time, it is a high time for a rethink of the Federal System and its arrangements. Rather than mere application of history and politics, I feel future path should accommodate a balanced economic growth together with political development in strengthening India’s Federal System.
Some Suggestions
There could be a tribunal for Inter State Conflicts, which can be a ‘one step ahead of’ forum for dispute settlement before the Supreme Court, because what is public interest need not be what popular interest is! This may be cynical but realistic. In India public and popular interest are always contesting and competing.
Also some kind of a regional movement of Civil Servants instead of locking them up to one cadre will also considerably contribute to better regional understanding and administration just as AGMU (Union Territory Cadre). Of course AGMU’s Civil Servants face a peculiar problem, on which I would write in the near future.
In any case, to sum up I would call upon the State Governments of Tamil Nadu and Kerala to make an informal request to the media to exercise self restraint in flashing news about Inter-State Disputes including Mullai Periyar Dam Row!
( Map of TN, Kerala Border, indicating the Mullai Periyar Dam - Courtesy:ibnlive.com)