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    Indian Political Science ssociation

    NEHRU AND INDIAN FEDERALISMAuthor(s): H.M. RajashekaraSource: The Indian Journal of Political Science, Vol. 55, No. 2 (April - June 1994), pp. 135-148Published by: Indian Political Science AssociationStable URL: http://www.jstor.org/stable/41858802.

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    NEHRU

    AND INDIAN

    FEDERALISM

    H.M.

    Rajashekara*

    The institutional abric

    of a

    political system

    s sustained

    by

    leaders endowedwith

    tatesmanship

    nd

    political

    vision. Even

    to-day,

    thetheoretical

    rguments

    dvanced

    by

    federalistsike Jefferson

    rovide

    legitimacy

    or federalism

    n

    the United

    States. Jawaharlal

    Nehru,

    the

    'gentle

    colossus' of modern

    ndia,

    played

    a critical role in

    nurturing

    democratic

    nstitutions

    n

    this

    country.

    Nehru's

    dynamic

    eadership

    and dominant

    ole

    during

    heone-and-a-half ecades after

    ndependence

    was a

    positive

    factor

    n

    protecting

    he

    federalfabric nd in

    promoting

    cooperative

    ederalism.

    His role has

    unquestinably

    ontributed o an

    era of unpralleled political stability. This paper is addressed to an

    analysis

    fNehru's

    perceptions

    ffederalism

    nd his

    paradoxcical

    egacy

    that

    combines

    nstitutional alance

    in

    the

    political

    arena with erosion

    of

    state

    autonomy

    under a centralised

    economic edifice.

    Jawaharlal

    Nehru's

    perceptions

    f federalism

    hanged

    from

    time to

    time,

    keeping

    in view the

    notion of

    unityduring

    the

    period

    of freedom

    truggle

    nd,

    ater,

    he

    security

    nd

    nation-building

    oncerns

    and

    theeconomic

    development

    trategy

    ursued.

    Although

    he

    Congress

    leadershipwas initially n favour f a centralised ederal tructure, y

    1943 it was

    inclined

    towards loose

    federation s a concessionto the

    Muslim

    League

    to

    keep

    India united and to

    preempt

    he demand

    for

    partition

    f the

    country.

    The electionmanifestossued

    by

    the

    Congress

    Working

    Committee

    n 1 45

    hadendorsed his

    pproach.

    Maulana

    Abdul

    Kalam

    Azad,

    who was the President f the

    Indian National

    Congress

    from

    939 to

    1946,

    also

    proposed

    classical federal

    model and

    opposed

    partition f the sub-continent.2he resolution n thebasic objectives

    *

    Reader

    n Political

    cience,

    niversity

    f

    Mysore, ysore.

    Indian

    ournal

    f

    Politicalcience

    Vol.

    55,

    No.

    2

    April

    June,

    994.

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    136

    The ndianJournal

    f

    Political cience

    of the Constitution,movedby JawaharlalNehru in the first ession

    of the Constituent

    ssembly

    nd

    subsequently dopted by

    it endorsed

    the classical model of

    federalism. To

    quote

    the resolution:

    ... whereinhe aid territories.. shall

    possess

    nd retain he tatus

    of autonomous

    nits,

    ogether

    ith

    esiduary

    owers

    nd exercise

    all

    powers

    nd

    functionsf

    government

    nd

    ministration,

    ave

    and

    except

    uch

    powers

    nd functionss are vested n or

    assigned

    o

    the

    Union,

    r as are inherentr

    implied

    n the Union...3

    Speaking

    at the

    oint

    meeting

    f the State

    Negotiating

    ommittee nd

    the

    Corresponding

    ommittee

    f

    the Constituent

    ssembly

    Nehru tated:

    Theunits ftheUnionwould ave

    very

    reat egree

    f

    utonomy.

    Now,

    the UnionConstitution

    ill deal withUnion

    ubjects

    nd

    common attersoncerned.o far s the ther

    ubjects

    re

    oncerned,

    the

    provinces

    nd

    the states

    will be

    sovereign.4

    With

    heMuslim

    League's

    decision o

    boycott

    hethird ession

    of the Constituent

    ssembly

    nd theannouncement f theMountbatten

    Plan underwhich

    partition

    f the

    country

    ecame a

    settled

    act t

    found

    immediate eflection

    n

    the

    changed

    perspective

    f Jawaharlal

    Nehru

    and

    other eaders. The

    change

    s

    reflected

    n the

    following

    ssertion

    of

    Report

    of the Union Powers

    Committee

    July

    5,

    1947)

    of

    which

    Nehru was the Chairman:

    In

    particular

    e

    are

    notnow

    bound

    y

    he

    imitationsn the

    cope

    of

    Union

    owers

    .. We are

    unanimously

    ftheview hat t

    would

    be injuriouso the nterestsfthecountryoprovide or weak

    Central

    uthority...4

    The

    'partition-climate',

    he

    problem

    f

    refugees,

    he Kashmir

    question,

    he ecessionist hreat

    y

    he

    Naga

    tribais,

    he

    fear

    f

    centrifugal

    forces and the

    hostility

    f Pakistan

    had influencedNehru

    and other

    members f the Constituent

    Assembly

    n

    favourof a federal

    system

    with

    strong

    Union. As the Chairman

    f both the

    Union Constitution

    Committee nd the Union Powers

    CommitteeNehrumade it

    clear that

    he was stronglyn favour of a

    powerful

    Union. Therefore,he not

    only

    favoured he inclusion

    of

    residuary

    owers

    n

    the

    Union

    list,

    but

    also

    supported

    he

    principle

    of

    appointment

    f State

    Governors.7 He

    believed hat 'the

    lected

    Governors

    might

    ncourage eparatist

    rovincial

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    Nehru

    and

    Indian Federalism

    137

    tendencies nd reduce the common inks with the Centre .8 Further,

    it

    was

    felt hat he

    goals

    of socio-economic

    evolution ould be

    achieved

    rapidly

    by

    a

    strong

    Central

    government.

    Thus,

    the

    Congress

    did not

    allow he stablishmentf contractual

    ederation

    nd

    ventually

    ontributed

    to the

    victory

    f

    the

    centripetal

    orces.9

    In

    the words of Granville

    Austin the Constituent

    ssembly produced

    a new

    kind of federalism

    to meet India's

    peculiar

    needs .10

    II

    A

    study

    of the

    Indian

    federal structure

    s

    envisaged

    in

    the

    Constitution eveals

    the dominant

    osition

    of the Central

    government.

    It

    may

    be described s

    prefectorial

    ederalism

    under

    whichthe

    very

    existence

    f

    states,

    heir lected

    governments,

    nd

    their imited

    utonomy

    are

    dependent

    pon

    the

    will of

    the

    Central

    government

    nd the states

    are

    subjected

    o the command nd

    control f

    the Centre.11

    Within he

    frameworkf

    prefectorial

    ederalism ,

    Nehru's

    perspectives

    n

    Centre

    -

    staterelationsweredemocratic

    nd

    cooperative

    nd constructive

    ather

    than onfrontational.nhis etter

    April

    15,

    1959)

    totheChiefMinisters.

    Nehru worte:

    We have full nddetailed

    onstitutionf

    ndia,

    efining

    he

    ights

    and

    responsibilities

    f theCentre nd

    of the tates

    .. The element

    of

    cooperation,

    f

    seeking

    riendly

    ounsel

    with ach

    other nd of

    ever

    keeping

    he

    arger

    nd n

    view,

    re of

    paramount

    mportance.

    I trust hat, s

    in the

    past,

    o in the

    future,

    e shall have

    that

    intimate

    elationship

    f

    comrades

    orkingogether

    or chievement

    of commonndsand having aith n each other.12

    Nehru's

    extraordinary

    ualities

    of

    leadership,

    his

    statesmanly

    style,

    preference

    or

    a decent

    approach

    and democratic

    management

    of Centre

    state

    relationshad won

    him

    accolade,

    acclaim,

    and

    respect

    from ll

    quarters.

    It was true that

    all issues of

    a federal

    character

    were based

    on

    'great

    source

    of

    unity'13.

    And decision

    on the

    issues

    were

    rrived

    t

    by

    consensus,

    oth t the

    party

    evel and

    in

    Government.

    Tn

    the

    federal

    set-up

    he

    was

    above

    regions;

    in

    the

    party

    et-up

    he

    was above factions; nd thushe acted as an umpire n intra-partynd

    inter-state

    onflicts'

    4

    .

    Thecreation f

    Andhra

    n 1 53

    and

    he

    eorganisation

    of states

    in

    1956

    were

    the

    glowing examples

    of his deference

    o

    the

    popular

    will

    nd

    regional/linguistic

    entiments.

    s Professor

    ajni

    Kothari

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    138

    The ndianJournal

    f

    Political cience

    observes: the reorganisationesultedn rationalisinghepoliticalmap

    of India without

    eriouslyweakening

    ts

    unity 15.

    The

    reorganisation

    of states not

    only

    provided

    he

    ground

    for

    national

    integration' 5,

    ut

    also

    gave

    the tates a federal

    utlookwhich

    hey

    ever

    ossessed

    before'1 .

    The establishment

    ffive onal Councils,under heStates

    Reorganisation

    Act of

    1956,

    to

    develop

    a

    cooperative pproach

    at the

    institutional

    level indicates

    Nehru's

    pproach

    ow rds

    cooperative

    ederalism.

    Under

    Section

    21 of this

    Act,

    the main functions f the

    Zonal

    Councils

    nclude

    discussions

    and recommendations ith

    regard

    to matters

    f

    common

    interestnthefield of economic nd social

    planning,

    matters

    oncerning

    water

    isputes, inguistic

    minorities,

    nter-state

    ransport

    nd

    other

    matters

    connectedwith the

    reorganisation

    of states.

    In

    his

    letter

    (Jan.

    16,

    1956

    )

    to the Chief

    Ministers,

    Nehru said:

    The ormationfZonal

    ouncilshould

    ncourageooperation

    etween

    the

    everal tates...

    They

    re notmeant o take

    away

    nypower

    from he states... The

    functioning

    f theseZonal Councils

    will

    not

    nly

    esult

    n

    settling

    umerous

    roblems

    hich rise

    from

    ay-

    to-dayetweendjoiningtates ut lsohelp neconomiclanning

    of that

    arger

    rea.

    The Zonal Councils were

    very

    active

    during

    the N

    ehru era.

    During

    the seven

    year

    period

    from

    957

    to

    1963,

    33

    meetings

    f

    differentonal

    Councils were held

    (average being

    4.7

    meetings er year),

    and

    during

    the

    period

    from 1963 to 1985

    about

    51

    meetings

    were held

    (average

    2.2

    per year).19

    The Sarkaria

    Commission

    n

    Centre State

    relations

    hasreiteratedehru's

    erspective

    ndhasrecommended

    teps

    or

    trengthening

    the Zonal Councils.

    Nehru

    howed

    isdemocratic

    pproach

    ndfederal

    pirit

    egarding

    the official

    anguage policy.

    He did not

    impose

    Hindi as the

    only

    official

    anguage.

    He decided to continue

    English

    as an

    associate

    lingua-franca

    f India and

    thereby

    voided

    confrontationetween

    the

    Centre nd non-Hindi

    peakingpeople,especially

    f the

    southern tates.

    Speaking

    in the

    Lok Sabha he had assured:

    Theremust e no imposition...or n indefiniteeriod.. I should

    have

    English

    s an

    associate additional

    anguage

    which an

    be

    used... So I wouldhave

    it as an alternate

    anguage

    s

    long

    as

    peoplerequire

    t

    and

    thedecision or

    hat,

    would eave notto

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    Nehru and

    Indian

    Federalism

    139

    theHindiknowingeoplebutto thenon-Hindinowing eople.20

    Nehru lso favoured o conductAll-India Sen ices examination

    in

    three

    anguages

    --

    English,

    Hindi and

    regional language(s).21

    his

    'consensual

    nd

    conciliatorypproach'

    to Centre state elations efused

    many ossible

    Centre-stateontroversies

    ith

    potential

    or

    ragmentation

    and balkanisation f the

    country.

    One

    foreign

    cholar

    rightly

    emarked:

    A

    large

    mount f

    political nergy

    as

    expended

    n

    ameliorating

    theanguage ontroversyuringhe1950s nd1960s... nd language

    in

    India

    today

    s not the

    burning

    ssue that t was in

    1955 or

    1965.

    Ill

    Given his

    background

    s a leader

    of the freedom

    movement,

    as Gandhi's

    choice for

    eadership

    n

    post-Independence

    ndia

    and his

    multi-faceted

    nd charismatic

    ersonality,

    ehru weilded considerable

    authoritynd unrivalled n the Partyand the Government.Yet, he

    reposed

    trust nd confidence

    n

    the

    Chief

    Ministers,

    n their kills as

    political

    mobilizers nd as

    powerful

    eaders.

    Nehru's

    approach

    owards

    the

    state evel leaders of the dominant

    Congress

    Party

    was

    extremely

    helpful

    n

    nurturing

    he delicate fabric f Indian

    federalism.

    Although

    his

    authority

    as

    great

    and his decisions

    were

    final the

    heightened

    central

    uthority

    as not

    generally

    ruel and ruthless 23.

    Despite

    his

    enormous

    ower

    Nehru id not ide

    roughshod

    ver

    he tates.24Whenever

    therewere

    incumbency

    rises' in

    any

    statehis task

    consisted f

    merely

    facilitatinghe change over without ctive involvement.Most of the

    time,

    he

    preferred

    o observe trict

    eutrality.

    s Amai

    Ray

    notes:

    By

    and

    large

    therewas no

    organised ttempt

    o destabilise

    he

    governmental

    process

    or

    to interfere ith the election of

    the

    party

    eadership

    t the

    state evel

    during

    the Nehru era .25

    When the

    leadership

    ssue

    posed

    a threat o

    the

    unity

    f the

    Congress

    Party,

    hen

    only

    Nehru nterfered

    in the

    political process

    of a state.

    In

    1956,

    there

    was

    a

    seriouscontest

    for

    eadership

    n

    Andhra radesh.

    The

    Congress

    High

    Command

    emained

    neutral and

    in the

    contest

    for

    eadership

    N.

    Sanjiva

    Reddy

    defeated

    B.

    Gopala

    Reddy. In Assam, Nehrurefused o issue any directive o

    the

    State

    legislature

    arty

    o

    support

    B.P.

    Chaliha,

    in

    1957,

    although

    his

    preference

    as for

    him. The latter

    was

    elected

    s the Chief

    Minister

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    140

    The

    ndianJournal

    f

    Political cience

    on his own strengths.n Bihar also Nehru did not interferen the

    leadership

    rises,

    both

    n 19S2

    and

    1957. In

    Gujarat,

    Balawantrai

    Mehta,

    a close associate

    of

    Morarji

    Desai,

    was

    unanimously

    lected leader of

    the

    Congress egislature arty

    n 1963. In

    Madya

    Pradesh

    too,

    Nehru

    remainedneutralwhen Ravishankar

    hukla,

    a follower f Sardar

    Patel,

    had won a vote of

    confidence,

    n

    1954.

    A

    crisis

    developed

    within

    the

    Congress

    Part)'

    in

    UttarPradesh

    n

    October

    1960.

    Nehru was

    in

    a fix. To sustain the

    unity

    f the

    Congress Party

    he

    persuaded

    Dr.

    Sampurnanand

    o handover

    eadership

    o C.B.

    Gupta.

    Thus the

    Centre,

    under Nehru's

    leadership,preferred

    otto dabble too much in state

    politics except

    n

    exigencies.26

    However,

    he did not hesitate o

    support

    competent

    nd able Chief Ministerswhenever

    hey

    faced a crisis

    in

    the

    party.

    Even when he had to defend ome ChiefMinisters

    n

    crisis

    .

    situationseoftenctedwithmoderationnd elf-restraintf a constitutionalist

    and

    in

    a

    style largely

    noffensive .27

    Nehru

    often

    exhorted

    he state

    governments

    o be

    in

    close

    touch with the

    people

    and to

    develop policies

    and

    programmes

    hat

    would fulfil he

    aspirations

    f the

    people.

    A

    few Chief

    Ministers

    ike

    B.C.

    Roy

    West

    Bengal),Kamaraj

    Madras)

    and

    Y.B.

    Chavan

    Maharastra)

    set a

    pattern

    f

    independent

    ehaviour.

    In

    areas reserved

    trictly

    or

    the

    Centre,

    ome tates ad sserted hemselvesnd nterednto

    egoatiations

    on

    specific

    tems

    of trade

    with

    foreign

    ountries. The

    matter ame

    to

    light

    when

    B.C.

    Roy

    had entered

    nto a

    trade

    agreement

    with a

    foreign

    oncern n behalf f his State. But

    thiswas

    ignored y

    Nehru2 .

    As a result f

    Nehru's

    pproach

    he tates

    njoyed

    onsiderable

    dministrative

    autonomyn the 1950s.37 Nehru acted as a constitutional atriarch

    in

    coordinating

    he work

    of

    Chief

    Ministers f states

    by

    giving

    them

    administrative

    uidance

    nd

    political

    irection

    hrough eriodic espatches.

    Often,

    he took

    the initiative

    y reminding

    hemabout the

    duties and

    obligations

    f tate

    overnments

    n

    the

    one nd tenor f n elder

    tatesmen.

    Consider

    the

    following quote

    from

    letter

    (July

    ,

    1952)

    addressed

    to the

    Chief Ministersabout the

    significance

    f decentralisation:

    I feel

    more nd more hatwe must unction ore rom elow han

    fromhe op... too much f centralisationeans ecay t theroots

    and

    ultimately

    withering

    f

    branches,

    eaves and flowers .

    In

    the of

    appointments

    f Governors

    Nehru use

    to consult

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    Sehnt

    and Indian Federalism

    141

    the state governments. It was reported hatwhen Nehru wantedto

    appoint

    a

    non-Bengali

    as

    the Governor f

    West

    Bengal

    in

    1952.

    the

    then

    Chief

    Minister. B.C.

    Roy. strongly

    bjected

    on

    the

    ground

    that

    his State would not

    tolerate

    non-Bengali

    Governor.

    Then the Union

    Government

    ppointed

    H.C.

    Mukherjee. Bengali

    by

    domicile.

    When

    the

    same

    problem

    arose

    sometime

    ater

    (1957)

    Miss.Padmaja

    Naidu,

    a

    prominentersonality

    th

    bilingualparentage

    mother

    was a

    Bengali

    and father

    n

    Andhra)

    was discovered

    o the

    satisfaction

    f both

    Nehru

    and

    Roy.

    In

    the'same

    ear,

    heformer

    aharaja

    of

    Mysore.

    Jayachamaraja

    Wadeyarwas appointedGovernor fMysore. These instances ndicate

    thatNehruwas a

    firm

    eliever

    n

    consultation

    n

    his

    approach

    o

    Centre

    -

    state

    relations.

    He never

    thought

    f

    the Governors

    s

    agents

    of

    the

    Central

    Government.

    He

    encouraged

    the Governors

    o

    render

    dvice

    to the

    respective

    Chief

    Ministers

    nd

    the latter

    o deriv

    benefit

    rom

    consultation

    with the Governor.30

    Some

    writers

    iewed

    the

    Kamaraj

    Plan

    adopted

    by

    the

    All

    India

    Congress

    Committee,

    n

    August

    10,

    1963,

    as

    Nehru's

    political

    conspiracy

    o dethrone

    owerful

    hiefMinisters nd unwantedCentral

    Ministers.

    Although

    he

    was described

    by

    Kuldip Nayar

    as

    a God

    that

    had failed 31

    fter

    962,

    Nehrudid not

    ose

    his hold over

    Congress

    Party

    nd the

    Government.

    It was

    Kamaraj

    who

    conceived

    this

    Plan

    in

    the

    first

    lace

    for

    his State

    i.e.,

    Madras.

    As a

    man of

    the

    people

    who

    had somewhat

    eluctantlyccepted

    he

    Chief

    Ministership,

    amaraj

    felt

    he was

    losing

    contact

    withhis

    people

    and desired

    o establish

    apport

    with them.32

    According

    o

    Nejiru,

    the

    Kamaraj

    Plan was

    intended

    to revitalise he CongressbytakingtheParty

    back

    to

    its roots

    n

    the

    people.

    Referring

    o

    this

    Plan,

    Rajni

    Kothari

    comments:

    It was

    not he

    removal

    for

    party

    ork of

    Central

    Ministers

    nd

    Chief

    Ministers

    ut the

    nduction

    f

    Partymanagers

    nto

    position

    of

    power

    t

    thenational

    evel

    which

    roved

    f

    greater

    onsequence.

    By

    putting

    arty

    managers

    nto

    power,

    he

    Kamaraj

    lan

    not

    only

    recognised

    heir

    mportance

    n national

    ffairs ut

    lso

    restored

    o

    the

    Central

    rganisation

    he

    prestige

    nd

    importance...

    een

    in

    this

    ight,

    he

    Kamaraj

    Plan

    was

    no

    coup

    staged

    by

    adventurists;

    it was rather restoration .32

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    142

    The ndianJournal

    f

    Political cience

    IV

    Nehru did not resort o

    frequent

    se of Article

    356 which

    deals with the

    imposition

    f

    President's rule

    in

    states. He

    expressed

    the view: It

    would

    not be

    right

    o

    impose

    President's rule till all

    other

    venues have been

    explored .54

    He used article

    356

    sparingly

    and

    selectively.

    His Government sed it

    only

    7

    times,

    whereas t was

    used twice

    by

    the Shastri

    Government,

    8

    times

    by

    the Indira Gandhi

    Government,

    16

    times

    by

    the Janata

    regime,

    6

    times

    by

    the

    Rajiv

    GandhiGovernment,wicebythe V.P. SinghGovernmentnd 4 times

    by

    the ChandrashekarGovernment. P.V.'s

    Government

    as used it

    9

    times

    during

    Oct.

    1991

    -

    Dec. 1993. The

    imposition

    f President's

    rule for he first

    ime,

    n

    1951,

    n

    Punjab

    to unseat

    GopichandBhargava

    who

    claimed to

    be

    the

    follower

    f

    Sardar

    Patel,35

    nd the

    imposition

    of

    President's rule to

    prevent:

    a)

    the

    United Front

    Ministry

    headed

    by

    Rarewala from

    continuing

    n

    power

    in

    PEPSU,

    in

    1953;

    (b)

    the

    Communists rom

    orming

    n alternative

    overnment

    n

    Andhra after

    the

    collapse

    of the

    Congress

    Government,

    n 1954

    (c)

    the PSP

    leader,

    Pattom

    hanu

    Pillai,

    from

    orming

    n

    alternative

    overnment

    n

    Travancore-

    Cochin after

    he

    resignation

    f the

    Congress

    Government,

    n

    1956;

    and

    (d)

    the Communist

    Ministry

    o

    continue

    n

    power

    n

    Kerala,

    in 1959

    were the

    controversial

    recedents

    et

    by

    the Nehru Government.

    Dr.

    Ambedkar

    describedthe

    invocationof article 356 in PEPSU as the

    most

    violent kind of

    rape

    on the Constitution . Siwach notes that

    in

    Andhra

    rticle 356 was

    used not because constitutional

    machinery

    had failed

    but because the

    Governor nd the Central

    Government

    ere

    both een opreventheCommunistsromomingnto ower .36 riticising

    the

    partisan

    role

    of the then

    Rajpramukh

    nd the

    Central

    Government,

    the then

    Speaker

    of

    the Travancore-Cochin

    ssembly

    ondemned t as

    undemocratic.37

    The

    agitations

    started

    by

    the

    oppositionparties against

    the

    Communist

    Governmentn

    Kerala

    did

    create the

    problem

    f

    law

    and

    order n

    1959.

    Nehruwas stated o

    be

    initially

    eluctant

    o

    bring

    Kerdla

    under resident'

    rule

    despite

    he

    breakdown

    f

    aw

    and order.

    Provocative

    statementsmadeby theCommunist eaders had created pprehensions

    in

    the minds of

    the

    central leaders. P.

    Sundarayya

    had stated that

    if

    the

    Union

    Government

    id not

    agree

    with the

    Kerala

    Ministry's

    policies,

    the

    Communist

    arty

    would resort

    o other

    means .3*

    The

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    144 The ndianJournal

    f

    Political cience

    relations nd an aberration rom rue federalism*. His Government

    could have amended or deleted article

    356

    which,

    n

    the

    opinion

    of

    JusticeV.R. Krishna

    Iyer,

    tantamounts o 'constitutional errorism'.

    V

    Jawaharlal ehru' earnest esire or

    apid

    conomic

    evelopment

    of he

    ountry

    ade

    him

    o ntroduce

    olicies

    imed t centalised

    lanning.

    His

    Government

    o created he

    National

    Planning

    Commission

    o

    advise

    thegovernmentntheplanning rocess.Althoughomewriters escribed

    it as the Economic Cabinet5 f

    India,

    in

    practice

    t has not

    superseded

    federalism.

    The

    resolution

    which the

    Planning

    Commission tates is

    that

    n

    framing

    ts

    recommendations,

    t will act

    in

    close

    understanding

    and consultationwith

    the Ministriesof

    the

    Central

    Government nd

    the

    overnments

    f he tates.

    urther,

    ettingp

    of heNational

    evelopment

    Council

    NDC),

    in

    August

    1952,

    may

    be

    regarded

    s the most

    ignificant

    step

    for

    promoting nderstanding

    nd consultation etween he

    Union

    and the State

    governments

    n

    planning

    nd common conomic

    policies.

    Morris-Jonesas

    expressed

    he iew hat heNDC hasbecome

    significant

    manifestationf

    cooperative

    ederalism an

    all-India

    Cabinet

    tanding

    above both'Union and State

    governments.

    t

    may

    be noted

    here

    that,

    following

    riticisms

    y

    some

    Chief

    Ministers,

    Standing

    Committee

    of the National

    Development

    Council was created n

    1954,

    to

    promote

    coordination

    etween

    he Centre nd the states n

    the

    field

    of

    planning.

    During

    the

    Nehru era

    many

    Central Acts were enacted and

    statutory

    odies created to

    promote

    Centre

    state collaboration nd

    coooperation

    n

    vital

    areas of

    national

    mportance.

    n

    1952,

    the Union

    government

    ormulated

    he National Forest

    policy,

    which set a

    target

    of

    bringing

    one-third

    about

    100 million

    hectares)

    of

    the

    total area

    of India under

    forest

    over.

    The

    States, however,

    did

    not

    seriously

    implement

    his

    policy.42

    n

    1954,

    the CentralCouncil of Local

    Self-

    Government as established or he

    purpose

    f

    coordinating

    he

    policies

    of th

    states

    relating

    o

    local

    government.

    The

    Rivers

    Board

    Act of

    1956,

    enacted

    by

    the

    Parliament,

    rovides

    or he establishment

    f

    River

    Boards in consultation iththe tate governmentsor he reulation nd'

    development

    f nter-state

    ivers nd river

    alleys.

    The Inter-StateWater

    Disputes

    Act of

    1956

    provides

    for

    adjudication

    f

    disputesrelating

    the

    sharing

    f

    water

    f

    nter-stateivers

    y

    theconcerned

    tates. About

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    Nehru and Indian Federalism

    133 rivervalley projectswere executedby the Central Government

    forthe benefit f various states.43

    n 1962

    the Government

    of India

    hadconstitutedheCentral

    ouncil

    fHealth

    or

    romoting

    nd

    maintaining

    cooperation

    n

    the

    sphere

    of healthbetween

    he Centre nd the states.

    Moreover,

    during

    Nehru's

    period

    reliance on some informal evices

    tended o ensure

    greater

    armony

    n Centre staterelations.

    The

    more

    important

    f such devices were:

    (i)

    ad hoc

    committees f

    specialists;

    (ii)

    regular

    conferences;

    nd

    (iii)

    Central

    study

    eams. The

    Central

    Government

    ad

    ppointed

    number f Committeesf

    pecialists

    ealing

    with arious spects f griculture hoserecommendationsere enerally

    accepted

    by

    both the Union and the state

    governments.

    A

    system

    f

    annualconferences as

    encouraged

    n

    which

    epresentatives

    ftheUnion

    and the states used

    to discuss

    problems

    of mutual nterest.44

    VI

    Jawaharlal

    Nehru,

    an

    embodiment

    f the federal

    spirit,

    did

    strivehardto

    promote artnership

    nd

    collaboration

    etween heCentre

    and the states. The maintenance nd sustenance f balance between

    the

    requirements

    f national

    unity

    nd the need for state

    autonomy

    was an

    outstanding

    ontribution f Nehru to the

    theory

    nd

    practice

    of Indian federalism. Under

    his

    stewardship ooperative

    federalism

    was instrumental

    n

    shaping

    ndia's

    politics,

    n

    discouraging

    anaticism,

    in

    containing

    ivisive

    orces,

    n

    haping

    national utlook nd

    n

    facilitating

    the search

    for

    broadly cceptable

    solutions.

    His

    penchant

    ornational

    unity

    nd his commitment

    o economic

    progress

    did not

    stultify

    he

    'limited'

    autonomy

    f states

    beyond

    ertain

    imits.

    In

    embarking pon

    nationaleconomic

    planning,

    he did not intend to

    usurp

    the

    powers

    of the

    states. He was

    merely

    nterested n

    seeing

    to it that national

    minimal

    tandards

    f

    well-being

    ere nsured.

    nfortunately,

    he

    Nehruvian

    legacy

    was carried

    oo far

    n

    the economic

    phere.

    Nehru's admiration

    for he ovietmodel

    f conomic

    lanning

    ad theunintended

    onsequence

    of

    crippling

    asic

    thrust f the federal

    olity.

    Whatever ittle

    nitiative

    the states

    had

    in

    the economic

    sphere

    had

    got dissipatedby

    centralised

    economic

    planning.

    Dependence

    of the stateson the Centre

    ncreased

    enormously.Discretionary rants

    urned ut to be

    political

    handouts.

    With he

    mergence

    f

    non-Congressovernments

    n

    many

    tates,

    atronage

    and

    partisan

    pproaches

    ecame

    prominent.

    A

    centralised

    nd command

    -

    centred

    conomy

    had the most

    damaging

    nfluence

    n

    the

    autonomy

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    146

    The

    ndian

    Journal

    f

    Political

    cience

    of the states. Nehru,being its originalauthor,had to take part of

    the blame

    for ts

    onslaughts

    n federalism.

    Had he been at the

    helm

    of

    ffairs or

    onger,

    e wouldhave

    perhaps

    ntroduced

    uitable

    lterations.

    On

    balance,

    Nehru was

    a democrat nd a

    firm

    belifevern

    federalism

    nd decentralisation.

    He did not

    deliberately

    misuse the

    Constitution

    or

    ersonalhegemony.

    f the

    1

    constitutional

    mendments

    enacted

    during

    1951

    -

    1964,

    only

    one of

    the

    them

    the

    3rd

    amendment

    of

    19S4)

    empowered

    he Centre

    to

    legislate

    on matters

    elating

    o a

    state subject .e., essentialcommodities.42 Most of the abuses such

    as

    the blatant

    recourse o Article

    3S6,

    Prime

    Ministerial

    hegemony

    f

    the

    Congress-I arty,

    xtension

    f Union

    authority

    ntonew

    areas which

    made the states subservient o

    the Union are later

    developments.

    In

    retrospect,

    Nehru's

    perceptions

    f

    Centre

    -

    state

    relations re more

    relevant

    oday

    han

    ver

    before.

    The emulation f

    his

    federal

    erceptions

    would

    go

    a

    long way

    n

    safeguarding

    nity

    n

    diversity,

    n

    strengthening

    political stability

    n

    various states and

    in

    helping

    them to

    regain

    the

    spirit

    of the Constitution

    nvisaged

    by

    the

    founding

    athers. Most of

    the

    subsequent

    berrations nd central

    ntrusions nto the

    sphere

    of

    the states that contributed

    o the

    emergence

    f the 'federal

    octopus'

    need

    correctivesnd radical lterationso restore

    he

    nstitutionalalance.

    NOTES

    1. See

    Azad,

    Maulana bdul

    alam,

    ndia

    Wins reedom

    OrientLongman,

    adras,

    1988,

    .

    130.

    2.

    Ibid,

    p.

    150-152.

    3.

    Quoted

    n S.C.

    Kashyap,

    awaharlal

    ehrund

    the Constitution

    Metropolitan

    Book

    Co.,

    New

    Delhi,

    982,

    .76.

    4.

    Ibid,

    .

    257.

    5.

    Ibid,

    .

    85.

    6.

    Brecher,ichael,

    ehru A Political

    iography,

    xford

    niversity

    ress,

    London,

    961,

    .

    165.

    7.

    See Shiva

    Rao,B.,

    Framing

    f

    ndia

    sConstitution,

    ol.

    I

    ,

    Indiannstitute

    ofPublic

    dministration,

    ew

    Delhi,

    p.

    456.

    8. Ibid.

    9. See

    Ray,

    Amai,

    nter-governmental

    elations,

    sia

    PublishingHouse,

    ombay,

    1960,

    .

    20.

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    Nehru

    and Indian

    Federalism

    147

    10. Austin.ranville,hendian onstitution:ornerstonef Nation.larendon

    Press,

    xford.

    966,

    .

    186.

    11. In the onstituent

    ssembly.

    .

    Hanumanthiya

    alled t a 'Union

    onstitution*.

    H.Y. Kamathescribedt as

    a centralised

    ederation .

    o Damodar

    warup

    it s a

    unitary

    onstitutionn

    the ame f

    federation .cholarsike

    K.C.

    Wheare

    escribedhe

    ndian

    olity

    s a

    quasi-federation .

    ee

    Wheare,

    .C..

    Federal overnmentOxford

    niversity

    ress,

    ondon.

    964,

    .

    27.R.L.

    Watts

    has

    alledt

    territorial

    ederation .ee his ew

    Federations

    Experiments

    in

    theCommonwealthOxford

    niversity

    ress, ondon,

    966,

    .

    14.

    12.

    Nehru,

    .Letterso

    Chief

    inistersVol.

    2,

    1950-52 overnment

    f

    ndia,

    NewDelhi, 986, . 578.

    13.

    Brecher,

    ichael,

    uccession

    n

    ndia

    A

    Study

    n

    Decision-Making

    Oxford

    University

    ress, ondon,

    966,

    .

    135

    14.

    Bhambhri,

    .P.,

    olitics

    n

    ndia 1947-87

    Vikas,

    ew

    Delhi, 1988,

    .

    73.

    15.

    Kothari,

    ajni,

    oliticsn ndia Orient

    ongman,

    elhi, 970,

    14.

    16. See

    Morris-Jones,

    .H

    ,The

    overnmentndPolitics

    f

    ndia

    Hutchinson,

    London,

    971,

    .

    100.

    17. See

    Aiyar,

    .P.,

    Competitive

    nd

    Cooperative

    rends

    nthe ndian

    ederal

    System ,nS.P.AiyarndUshaMehtaEds.), ssays n ndian ederalism

    Allied,

    ombay,

    965,

    .

    118.

    18.

    Nehru,

    etters

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