Even in its heyday when the Congress imperiously ruled India with an impressive majority of its own in Parliament, State Governments were reluctant to accept New Delhi’s firmans without a murmur of protest. The Union of India may have been conceived as a unitary state with a dominant Union Government, but the Constitution of the Republic of India celebrates the spirit of federalism. Since State Governments draw their legitimacy from the Constitution, it is understandable that they should be loath to accept the unilateralism of an overweening Union Government eager to ride roughshod over them and curtail their rights. In the 1980s, the disgruntlement of the States came to the fore in the form of non-Congress Chief Ministers demanding a fair share of resources and greater financial autonomy. Forced into a corner, the Congress had to concede both the demands, but that has not necessarily changed the party’s attitude: Its leaders, especially members of the exalted Nehru-Gandhi dynasty, still perceive the sharing of resources as the Centre doing the States a huge favour. It’s this mindset that drives the Congress into committing blunder after blunder in the mistaken belief that the States will not dare question the presumed prerogative of the Centre. What the Congress does not realise is that it is neither in a position to demand absolute compliance nor is the country still trapped in the decades when the party’s tyranny was the law. The times have changed and the States are today much more aggressive than ever before in both protecting their rights and demanding their share as stakeholders in the nation’s collective well-being and not supplicants in the Delhi durbar where the Congress currently presides as head of the UPA regime.
The Congress is welcome to believe that the Union Government headed by it can push through decisions and impose its will on State Governments without either consultations or consent. But that belief, sincere as it may be, is not going to get the Congress anywhere. The arrogance of the Delhi durbar will no doubt dazzle party loyalists, but it elicits only contempt from the States. Witness the virtual revolt over the National Counter-Terrorism Centre which was notified without even taking the State Governments into confidence. Before that, the State Governments rallied against the ill-conceived decision to open organised multi-brand retail to foreign direct investment. And now an attempt is being made to slyly curtail the power of the States by recasting the Railway Protection Force. These are ominous signs of a gathering storm that can only weaken the unity of the country by setting the Centre on a deadly collision course with the States. That’s not desirable. Federalism does not mean the States are free to go their own way or act in a manner that is detrimental to national unity and integrity. In all fairness, it must be said that no State Government has yet done anything that is contrary to either the letter or spirit of the Constitution. Hence, it would be incorrect to blame them for the prevailing animosity. If blame must be apportioned, it entirely lies with the UPA Government, more specifically the Congress, for being rudely presumptuous and disregarding the rights and sentiments of the States. Federalism does mean the Centre allowing the States autonomy to function within the parameters laid down by the Constitution. It also means that the Centre should act only after consulting the States and securing their consent. The Congress cannot have it any other way.
