The Electoral Bond Scheme has all the ingredients of spying the donors to the Opposition and regional parties which is not conducive to multi-party federal democracy which is the basic structure of our Constitution.
States like Andhra Pradesh, Tamilnadu, Telengana are now raising the bogey of federalism questioning the arbitrary manner of reference to 15th Finance Commission in which the latter was asked to follow 2011 Census, not the 1971 Census. Some of these States apprehend that, this may lead to reduction of their share of tax compared to some of the northern States.
The predecessor, the 14th Finance Commission, had recommended raising share of States in the divisible pool of Central tax from 32 per cent to 42 per cent.
Another area of common concern for some southern States is the language policy of the Union Government, as some States apprehend that their distinct linguistic and cultural background would be in danger.
In vast diverse nature of society with multiple languages, religion, ethics, faith, it is the States who can meet the aspirations of the people, because of regional and ethnic attachment.
To avoid differences amongst States, Constitutional provisions for conflict resolution was also provided which in past has been used to prevent multiplying the problems.
Much before handing over power, the Congress and British agreed in principle for framing a Constitution for smooth transition of power in pursuance to the Cabinet Mission plan.
Accordingly, a Constituent Assembly was constituted on December 6, 1946 which had 389 representatives out of which 292 came from provincial Assemblies. Members to it were elected on a limited franchise which functioned as interim Parliament till general election when the first lok Sabha was formed in 1952.
The Members of the Constituent Assembly had high visions. As most of Members of Constituent Assembly hailed from provinces they were keen to provide a strong federal type. In 1947, Congress president JB Kripalini with a view to satisfy regional aspirations outlined the proposed Constitution as democratic and federal in character as Kripalini and other likeminded socialists carried similar view to decentralise the power structure.
However, the communal settlement leading to creation of Pakistan compelled many Members to frame a Constitution of a mixed character which would be partly federal and partly unitary as they were against any further fragmentation of the country’s territory. Dr Ambedakar was President of Drafting Committee who placed draft Constitution in the Constituent Assembly on November 11,1948 on which Dr Ambedkar gave a lengthy speech on the character of the Draft Constitution.
According to him, the Draft Constitution has sought to forge means and methods whereby India will have federation and at the same time will have uniformity in all the basic matters which are essential to maintain the unity of the country.
Accordingly, provisions were mode for common fundamental laws like, civil and criminal governing the whole country. In order to strengthen the federal system, it allowed IAS and IPS as well as empowered States to form their own Civil Services. In essence, the Constitution provided both duel polity as well as dual service.
later, there was heated debate in the Constituent Assembly on September 2, 1949 on legislative lists and on provincial autonomy.
The founding fathers of the Constitution gave us a Constitution to carry governance on mutual trust and respect to meet the aspirations of the people.
In accordance of which they demarcated the legislative powers of the State and the Union by incorporating three legislative lists in order to give the State their share of power with a strong Centre.
They conceived Article-1 of the Constitution which enables both the States and the Centre to share sovereignty. Territories of the States were well defined and division of State was made impossible without consent of State legislature.
Thus, our Constitution clearly mandates the Centre to play the role of coordinator/facilitator. It should function in such a way as not to cause any apprehension among the States that the Centre is acting in a spirit of overriding instead of coordinating them. It requires leaders to display Statesman like quality. It may be mentioned that, veteran leaders like Biswanath Das during debates in Constituent Assembly had repeatedly urged for creating separate Constitutional provision for ensuring special financial assistance to States to develop backward and tribal areas.
Biju Patnaik as Chief Minister in 1990-95 had several times called for more financial power to the States to strengthen development programmes of the provinces
India has many problems now. The national leadership should act as trustee of States and must not act in a manner that would hamper the trust of States or give rise to any scope for apprehension that Centre is unmindful to their concerns and acts arbitrarily to enlarge the interest of party that controls the Union Government at the cost of States.
(The writer is a former Deputy Speaker of Odisha legislative Assembly, and currently a Member of State Planning Board. Views expressed personal. The author can be contacted at: pandarcp@gmail.com, Mob: 9437412877).
