Is Federal Structure of Our Democracy A Bane or Boon ?

 

We see states passing legislation against central law has become a practice today. The first legislature to do it is Kerala which passed legislation against CAA Article 131  without even bothering to understand that it does not come under the State list as such the legislation is illegal and hence not binding.

Likewise, we have seen every other bill that the center brings are vetoed by the State the latest in the list is the Farm Bill 2020 which empowers and protects  farmer under sec 6. The bill says States cannot charge market fee, cess etc., The entry -33  which originally meant for tackling scarcity of essential commodities, hoarding and irrational and never for the purpose intended in Farm Bill. This being the third amendment should have come under the separate entry and not merged with the 33^rd entry under the concurrent list which not done. Having we must debate whether absolute federalism coming in the way of strong governance as our political parties is without understanding refuses central bill which in a way will affect the democratic systems of governance and that cannot be tolerated. Regional parties and Regional Satraps are questioning by passing Legislations against Centre bills are questioning the very constitution which is the edifice of our democratic system of governance.

The political theatre of India is highly divided with most of NON BJP states up in arm and against Central Government and most of the time the ruling BJP  is also to be blamed as they use their absolute majority in Lok-Sabha to rush in new bills as per their parties manifesto without proper debate on the subject. There is no co-ordination between the Government and the opposition. The opposition too has no mature leadership  and more often then not Rahul Gandhi half knowledge on subjects has put the congress on embarrassment and the senior congressmen are asked to defend him.

To conclude I think we must involve the judiciary and inform all concerned that States cannot overrule Centre’s  ruling  by state legislation on subjects which is not in the State list and if done is against the constitution and hence their Government can be dismissed. This kind of ruling if given by courts will deter the brazen attitude of the State’s leader or Regional leaders from such misadventures to suit their political compulsions. This will also check the states from transgressing their domain and entre areas which belongs to Centre.

I am also of an opinion that some senior parliamentarian within BJP should tell the leadership that they must take the opposition to confidence before enacting bills. Constructive debate will enhance the goodwill of the government and will strengthen our democratic traditions followed by us since independence.

Finally, both the Ruling and opposition leaders should show the sagacity and uphold the democratic form of governance which is in the interest of all.

Coming back to my question  “Absolute federalism a bane or boon in a democratic country like ours”?  Let us debate.

Ramesh V.Naivaruni

7^th November 2020