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 33rd 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
7th November 2020
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