The cooperative federalism of India is in jeopardy because several state governments have withdrawn their general consent to the CBI.
Ensuring cooperative federalism in India faces several challenges: 1. Power imbalance: The central government's dominance over financial resources and policy decisions creates an uneven power dynamic between the Union and the states, hampering genuine cooperation. 2. Political differences: IdeologicRead more
Ensuring cooperative federalism in India faces several challenges:
1. Power imbalance: The central government’s dominance over financial resources and policy decisions creates an uneven power dynamic between the Union and the states, hampering genuine cooperation.
2. Political differences: Ideological and political differences between the ruling parties at the center and in the states can lead to conflicting agendas and a lack of consensus on national issues.
3. Fiscal constraints: Many states face financial constraints and are heavily dependent on the center for grants and transfers, limiting their autonomy in decision-making.
4. Coordination issues: Lack of effective coordination mechanisms and communication channels between the Union and the states can hinder the implementation of joint programs and policies.
5. Functional overlap: Unclear delineation of responsibilities between the Union and the states often leads to overlapping jurisdictions and conflicts over policy implementation.
To foster cooperative federalism, the following measures can be taken:
1. Strengthening inter-governmental forums: Institutions like the Inter-State Council and the Goods and Services Tax Council should be empowered to facilitate greater dialogue and consensus-building.
2. Enhancing fiscal federalism: Revising the formula for the devolution of financial resources to the states, increasing the untied grants, and expanding the states’ revenue-raising powers can promote fiscal autonomy.
3. Institutionalizing cooperative mechanisms: Establishing permanent secretariats, joint task forces, and regular consultations between the Union and the states can improve coordination and collaboration.
4. Promoting cooperative mindset: Fostering a culture of mutual trust, respect, and accommodative approach among political parties and government officials can contribute to the success of cooperative federalism.
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Answer: The Central Bureau of Investigation (CBI) is the premier investigating police agency in India. It is not only a premier anti-corruption investigative agency but also has experience of handling high profile conventional crimes, economic offences, banking frauds and frauds with international lRead more
Answer: The Central Bureau of Investigation (CBI) is the premier investigating police agency in India. It is not only a premier anti-corruption investigative agency but also has experience of handling high profile conventional crimes, economic offences, banking frauds and frauds with international linkages. The CBI is governed by The Delhi Special Police Establishment Act (DSPE) Act, 1946, and it must mandatorily obtain the consent of the state government concerned before beginning to investigate a crime in a state. The consent of the state government can be case-specific or general. General consent is usually given by states to help the CBI in seamless investigation of cases of corruption against central government employees in their states. This is consent by default, in the absence of which, the CBI would have to apply to the state government, in every case, and before taking even small actions. Traditionally, almost all states have given the CBI general consent. However, currently nine states have withdrawn consent to the CBI on the grounds that the CBI is used for political interests and vendetta. This tussle between the CBI and States has created an impasse as around 150 requests for sanction to investigate by the CBI are pending with such state governments since 2018. The Supreme Court has referred to the situation as ‘undesirable’. It has been argued that this also threatens the spirit of cooperative federalism in India in the following manner:
In 2013, the CBI came under harsh criticism by one of the Supreme Court judges, who referred to it as a “caged parrot” and “its master’s voice” due to political interference in the CBI inquiry on the allocation of coalfield licences. It has been argued that when different political parties form governments at the Center and states, often their interests don’t align and the CBI is used as a political tool in such instances. Therefore, the concerns of states governments also need to be looked into along with ensuring that the CBI conducts all its investigations in a free, fair and impartial manner as per the law. Following steps can be taken in this regard:
This federal impasse is a worrying development. Strong federal agencies are in national interest because big crimes often straddle state and national borders and state agencies may not have resources or jurisdiction to thwart such offenses. Therefore, it would be in India’s interest to protect CBI from political influence and interference.
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