A missed chance to strengthen Indian federalism

Context:

After the Supreme Court’s Judgment on abrogation of Article 370, the issues and critiques surrounding it glared.

Overview of Indian Federalism

Unique Constitutional Design: Indian federalism, though the term is not explicitly used in the Constitution, is uniquely designed, aiming to balance Union and state powers.
Evolution and Division of Powers: The Constitution divides powers and responsibilities between the Union and states, ensuring a balance and addressing concerns like national security and administrative efficiency.
Centralist Traits and Challenges: Despite federal features, certain unitary aspects empower the Union, creating a centralist character, demanding conscious efforts for maintaining a balanced Centre-state relationship.

Federalism's Practical Challenges

Erosion of State Powers: Gubernatorial excess in opposition-ruled states impedes governance, contrary to recommendations for cordial Centre-state relations.
Financial Allocation Issues: Opposition-ruled states facing difficulties in receiving their due shares of GST and other central funds highlight challenges to collaborative federalism.
Selective Use of Police Power: Selective use of agencies like the Enforcement Directorate and CBI in opposition-ruled states threatens the Rule of Law and federal character.

Concerns and Judicial Response

Majoritarianism: Suspensions of opposition members raise concerns about majoritarianism, jeopardizing legitimate criticism and raising apprehensions about the future of federalism.
Supreme Court's Verdict on Article 370: While the court's verdict reaffirms India's sovereignty, the omission of a time limit for restoring J&K's statehood raises criticism, impacting federalist concerns.
Missed Opportunity for Federalism: The court's failure to address federalist concerns and not setting a time limit for J&K's statehood restoration is a missed opportunity for Indian federalism.

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