An Analysis Of The Legal Framework For Cooperative Federalism In India With The Establishment Of The National Institute For Transforming India (NITI) Aayog
- IJLLR Journal
- Jul 19
- 2 min read
Muthamizh Thilagam. P, Assistant Professor, Crescent School of Law
Jayashree R, Crescent School of Law
ABSTRACT
The term "Federalism" is derived from the Latin word "foedus," which implies "covenant" or "treaty." It refers to a form of government where different governmental levels—typically the federal, state, and local governments—share authority and power while still retaining some degree of autonomy. The concept of cooperative federalism in India had its trace from the colonial period. To have better clarity about cooperative federalism it is significant to take legal root, particularly Government of India act1935. With the passage of this Act, the federal government was given more authority over the provinces, or modern states. Nonetheless, the Act had a more unified character and gave the Governor-General considerable authority. Even before Government of India Act, The Regulating Act of 1773, during the East India Company's rule, is credited with giving rise to cooperative federalism in modern India. In this scenario, the local government was given authority while the Crown of England kept an eye on the East India Company. The system of intergovernmental relations, which consists of numerous bodies and forums for coordination and consultation between the federal government and the state governments, is one of the main tools for advancing cooperative federalism in India. These consist of various sectoral councils and committees, river boards, zonal councils, interstate councils, tribunals, etc. “Article 261(1) of the Indian Constitution deals with Public actions, documents, and judicial proceedings of the Union and each State should be granted full faith and credit throughout the territory of India”1.This paper mainly focus on the effectiveness of legal frame work that exist for cooperative federalism. India must establish a harmonious equilibrium between its unitary and federal structures. In order to guarantee equitable allocation of resources and the advancement of every state, the federal government must develop suitable policies and strategies.
Keywords: cooperative federalism, constitution, NITI Aayog, planning commission, policy.
