States were divided according to their language

- Find ways to compromise autonomy

- Opinion-P.Chidambaram

- India is independent with certain provisions of the Constitution which indicate the breadth of independence

- 41 percent share of states in net tax revenue has been reduced to approximately 31 percent

- Entries 47+4 of the Concurrent List of the Constitution cover many subjects

I have started writing this article on the undisputed belief that India is a country made up of various states. The list of states of the country is mentioned in the First Schedule of the Constitution of India. British territories and princely states were willing to join united India voluntarily which is its positive side. With the formation of new India, states were demarcated according to their language because a state was not only an administratively distinct region but also associated with language, culture, history and political identity.

Freedom without a doubt

We can talk about how independent we are. India is independent with some provisions of the constitution which show the breadth of freedom but some provisions also limit the freedom. At the time of creation of India, the Indian Constitution envisioned an autonomous country. To emphasize my point, I am referring here to Article 368(2) which requires the assent of 50% of the state legislatures before the bill to make certain amendments to the Constitution is passed by the Parliament.

Parliament's power to amend is a controversial subject. However, the Supreme Court, while hearing cases in 1973 and 1980, made it clear that the basic structure or features of the Constitution cannot be changed. In 1973, the Supreme Court in the Kesavananda Bharti case declared that autonomy is a fundamental feature of the Constitution.

While not agreeing with the Supreme Court's observation, the central government has found ways to tamper with autonomy. A state has administrative, legislative and financial powers. Let us look at how the BJP government has crushed these powers.

Administrative Authority:

Under Articles 154 and 162, a State has executive power over all matters in respect of which the State has power to make laws. Police is a state subject. DGP (Law and Order) is appointed by the state government. However, the Center has encroached on the state's power by making it mandatory for the state to supply the names of eligible IPS officers to the UPSC and limiting the state's selection to three officers as determined by the UPSC. By introducing NEET, the Center has made it mandatory for states to give admission to medical colleges on the basis of India-level marks-ranks obtained in this India-level examination. The Center is reluctant to fund schemes that are partially funded by the Central Government. Hypothetical reasons are provided for this. Kerala was denied funding, arguing that it had failed to start new schools. Kerala's argument that it was time to close some schools with a small number of children due to low birth rates was not heard.

Legislative power:

Entries 47+4 of the Concurrent List of the Constitution cover the subjects on which both Parliament and State Legislatures can make laws. But without taking the state governments into confidence, the Center has made laws on many subjects like civil procedures, forest department, medicine, monopolies, trade unions, education, social security. I also have doubts about the exercise of powers conferred on the States in respect of subjects in the Concurrent List under Article 254 (2). The concurrent list appears to have now become the central list. Preventing the Parliament from making laws on subjects in the Concurrent List without the permission of the States.

Three recently passed criminal laws are examples of this. Criminal law and criminal procedure are covered in the concurrent list, but the central government has ignored the state government on this issue. Even the draft of this bill prepared by the Ad Hoc Committee of Appointed Persons was not discussed with the States. Besides, some of the provisions of the Sadar Bills have struck a chord even though they are subject to the States.

Financial Authority:

The manner in which the central government has encroached on the financial powers of the states has never been seen before. Efforts were also made to instruct the 14th Finance Commission to reduce the share of states in revenue through taxes. States' share of 41 percent in net tax revenue has been reduced to approximately 31 percent. Non-refundable cesses and surcharges have been applied indiscriminately. Borrowing of states has also been curbed. The implementation of GST has worsened the financial situation of the states. There is discrimination between states in providing grants and concessions. Governments of non-BJP-ruled states have to plead for relief.

The days will not be far when the states will remain a mere administrative territory and India will be an organization consisting of municipalities or even lower level units.