Asymmetric Federalism

28-12-2023

Context:

The concept of Asymmetric Federalism has gained attention due to the recent Supreme Court judgment regarding Article 370.

Federalism divides governmental powers between a central authority (federal government) and smaller, regional units (states, provinces, etc.). This separation ensures that neither level of government has complete control over the other.

Asymmetric federalism means that different parts of a country have different levels of power or self-rule within the overall government system.
It includes differences in political, administrative, and fiscal arrangements between the various units in a federation.
This inequality can exist both vertically (between the federal government and regional units) and horizontally (among the regional units themselves).

Vertical Asymmetry	Imbalance in power between Centre (Union) and States in Indian federal structure.
Article 3	Grants Centre unilateral authority to propose changes in state’s names and boundaries without state’s consent.
Article 352 & 356	Article 352 deals with National Emergency providing centralizing powers to Centre. Article 356 allows President's rule in states under certain circumstances.
Article 248	Grants Parliament residuary powers of legislation, exclusive to the Centre, beyond State or Concurrent Lists.

Horizontal Asymmetry	Disparities among states in India's federal structure, reflecting varying levels of representation and autonomy.
Schedule 4	Unequal representation in the Rajya Sabha (Upper House). Example: Uttar Pradesh (31 seats) vs. Arunachal Pradesh (1 seat).
Part VIII	Deals with provisions related to Union Territories (UTs), having distinct federal arrangements different from states.
Schedule 5	Administers Scheduled Areas and Tribes in states, excluding Assam, Meghalaya, Tripura, and Mizoram.
Schedule 6	Governs tribal areas in Assam, Meghalaya, Tripura, and Mizoram, enabling the creation of autonomous districts and regions.
Article 371 & others	Articles 371A to 371J provide special provisions for specific states (e.g., Maharashtra, Gujarat, Nagaland) for unique governance needs.

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