The recent developments in Indian Politics has not eroded the true spirit of federalism in India. Critically examine this statement with the help of appropriate illustrations. (2025, 15 Marks)
Daniel J. Elazar defined the spirit of federalism as “self-rule plus shared rule”: states govern their own sphere and share in decisions taken for the whole. The developments of 2019–2026 point both ways. On balance, self-rule has largely held while shared rule has thinned.
The case that the spirit endures
- The courts as umpire. Mineral Area Development Authority v. SAIL (July 2024) and State of UP v. Lalta Prasad Vaish (October 2024), both nine-judge rulings decided 8:1, restored state powers over mineral taxation and industrial alcohol. West Bengal’s suit over the CBI was held maintainable under Art. 131 (July 2024).
- Coalition bargaining is back. Since 2024 the BJP (240 seats) has depended on the TDP and JD(U). Andhra Pradesh and Bihar won special packages in the July 2024 budget.
- States can block amendments. Opposition and southern parties defeated the Constitution (131st Amendment) Bill on 17 April 2026 (298–230).
- Electoral pluralism. In 2026 the TVK ended Tamil Nadu’s Dravidian duopoly and the UDF won Kerala.
- Shared institutions work. GST 2.0 (September 2025) was adopted through the Council, where the states hold two-thirds of the vote.
The case that erosion is real
- Jammu and Kashmir. In 2019 Parliament reduced a state to Union Territories under Art. 3, while the state was under President’s Rule. In Re: Article 370 (2023) upheld the change, yet statehood is still not restored in September 2026.
- The Governor. State of Tamil Nadu v. Governor of Tamil Nadu (April 2025) set timelines for assent. The Presidential Reference opinion of 20 November 2025 then held that there are no judicial timelines and no deemed assent. Assent to Tamil Nadu’s NEET exemption bill was withheld. Subhash Desai (2023) found the Maharashtra Governor’s 2022 floor-test call unjustified.
- Fiscal squeeze. Cesses have cut the divisible pool to about 81% of gross tax revenue. The 16th Finance Commission kept devolution at 41%, refused to cap cesses and ended revenue-deficit grants. Tamil Nadu sued in 2025 over Samagra Shiksha funds withheld for not adopting PM SHRI.
- Legislation overriding courts. The GNCTD (Amendment) Act 2023 reversed the Supreme Court’s ruling that Delhi’s elected government controls its services.
- Agencies. The ED needs no state consent, and eleven states have withdrawn general consent to the CBI.
- Shared rule without a forum. The farm laws of 2020 were passed without consulting the states. The Inter-State Council has not met since 2016.
Evaluation
The statement holds where a justiciable rule protects the states: the Bommai floor test, Art. 131 suits and the 2024 taxation rulings. It fails where federalism depends on convention, such as the Governor’s restraint, fiscal consultation and dialogue in the Inter-State Council. There, dominance by one party at the Centre has shifted power towards it.
Conclusion
The spirit of federalism has been strained but not extinguished. Self-rule survives through the courts, coalition arithmetic and the states’ ability to veto amendments. Shared rule has weakened. Restoring it needs an active Inter-State Council, limits on cesses and codified norms for Governors.