Unbalanced Power Play: Cracking the Code of Asymmetric Federalism in India

WHY THIS? Sonam Wangchuk’s detention at the Delhi border highlights ongoing demands for Ladakh’s inclusion in the Sixth Schedule of the Constitution, pushing for greater autonomy. For UPSC CSE 2025, grasping asymmetrical federalism is vital as it connects directly to questions on regional governance, political autonomy, and social justice. As you study this topic, focus on how such frameworks shape India’s diverse needs—these insights will enrich your understanding and responses in the exam. Remember to link current events like these to broader themes in federalism and regional identity in your notes!

GS 1: Indian Society: Tribal Movements, Diversity of India, Population and associated issues

Note4Students: Analyze how asymmetrical federalism shaped the reorganization of regions like Ladakh. Focus on tribal movements, such as Sonam Wangchuk’s activism, to understand their role in regional autonomy and cultural preservation.

Microthemes: Diversity and pluralism, Population and associated issues

GS 2: Indian Constitution: Features of Federalism; Separation of Powers; Government Policies and Welfare Schemes

Note4Students: Study how the Fifth and Sixth Schedules address demands for autonomy in regions like Ladakh and North-East India, balancing regional identity with national unity under asymmetrical federalism.

Microthemes: Nature of Indian Federalism, Special Provisions

GS 3: Internal Security; Economic Development and Resource Management; Environment and Regional Development

Note4Students: Evaluate how asymmetrical federalism helps manage security and economic development in sensitive regions like Ladakh through provisions like the Sixth Schedule and special resource allocation.

Microthemes: Role of media and social networking sites in internal security threats

GS 4: Ethics in Governance; Integrity, Probity, and Accountability in Public Administration

Note4Students: Reflect on the ethical challenges of managing regions with special provisions, ensuring accountability and preventing corruption in governance, while balancing autonomy with national integrity.

Microthemes: Ethical dilemma in public administration.

Climate activist Sonam Wangchuk was detained at the Delhi border while leading a group of protesters seeking to petition the Central government for Ladakh’s inclusion in the Sixth Schedule of the Constitution, along with other demands for greater autonomy for the region.

What is Asymmetrical federalism?

Asymmetrical federalism is a federal system entailing uneven distribution of powers and autonomy among constituent units of a federation, to accommodate their distinct needs and circumstances.

Which are the other States seeking constitutional safeguards?

  • Ladakh: The Union Territory of Ladakh has seen increasing demands for inclusion in the Sixth Schedule of the Constitution to safeguard its indigenous culture and provide greater autonomy.
  • Arunachal Pradesh: The state has passed a resolution seeking inclusion in the Sixth Schedule to grant more autonomy to its tribal populations.
  • Manipur: The Hill Area Committee in Manipur has also demanded inclusion in the Sixth Schedule for its tribal areas, particularly the ‘Hill areas’.

Do the Fifth and Sixth schedules grant areas under them more autonomy?

  • Fifth Schedule: Grants special protections to ‘scheduled areas’ in 10 states. These areas are governed by Tribes Advisory Councils (TACs) and Governors, who have the power to regulate land transfers, businesses, and the applicability of laws.
  • Sixth Schedule: Provides greater autonomy to ‘tribal areas’ in four northeastern states (Assam, Meghalaya, Mizoram, and Tripura) through Autonomous District Councils (ADCs).
    • ADCs have more legislative, executive, and financial powers, including the ability to regulate land use, social customs, and taxation.

Why did the British create provisions for ‘excluded’ and ‘partially excluded’ areas?

  • British Policy of Isolation: To avoid unrest and rebellion among the tribal populations, the British adopted a policy of ‘isolation’ by creating ‘excluded’ and ‘partially excluded’ areas in tribal regions under the Government of India Act, 1935.
  • Excluded Areas: These were mostly in the northeastern hilly regions, where the Governor had the authority to legislate.
  • Partially Excluded Areas: These included tribal regions in Central and Eastern India, where laws from central and provincial legislatures were applicable but with modifications, ensuring minimal interference with tribal customs and governance.
NEEDPOLITICAL, LEGAL AND GOVERNANCESOCIALECONOMICUT AND ASYMMETRICAL FEDERALISM
Safeguard Territorial Integrity & SovereigntyProvides Union with both:
Carrot: Accommodates sub-regional demands, reducing appeal of secessionist groups.
Stick: Emergency powers to address security threats.
Example:
Naga Peace Accord, AFSPA.
Secure Unity in Diversity
Fosters cultural preservation, accommodates ethnic diversity.
Example:
Linguistic reorganization, Article 371 for NER regions.
Reducing Dissatisfaction
Tailored economic policies for regional needs.
Example:
Special Category states provisions.
Union’s Obligation toward National Security
Direct control ensures effective management of strategic interests.
Example:
A&N Islands’ strategic location.
Better RepresentationProvides representation to minority areas and regions with lower populations.
Example:
Fifth and Sixth Schedules for tribal groups.
Reducing Radicalization
Special powers mitigate radicalization in diverse regions.
Example:
Autonomy for tribal areas under 5th Schedule.
Resource Allocation
Centre allocates resources based on diverse state needs.
Example:
Tax devolution based on Population (45%).
Special Administrative Needs
Consistent governance for UTs with smaller populations.
Example:
Governance of UTs except Delhi and J&K.
Enable Inter-state EquityAddresses unequal resource distribution post-state reorganization.
Example:
Article 371D for AP and Telangana.
Compensating Social Inequalities
Helps bridge historical inequalities through affirmative action policies and autonomy.
Example:
Article 371J for backward areas.
Economic Flexibility
Allows states with special provisions to have more flexibility in using resources for development goals.
Example:
Flexibility in using central funds for NER development.
Direct Economic Intervention
Union government can directly intervene in the economic management of UTs, boosting socio-economic development.
Example:
Special Development Package for J&K and Ladakh.
Address Intra-state InequalityCorrects historical negligence of sub-regions.
Example:
Article 371J for backward districts in Hyderabad-Karnataka.
Promoting Cultural Identity
Provides autonomy to preserve distinct cultural identities, ensuring protection of indigenous rights.
Example:
Article 371 for NER tribal autonomy.
Regional Development
Ensures tailored economic interventions to address disparities between regions within a state.
Example:
Special financial allocations for development of backward regions like Vidarbha and Saurashtra.
Strategic Governance in Sensitive Areas
Provides for governance arrangements in politically or geographically sensitive regions, ensuring stability.
Example:
Special governance structures for UTs like Lakshadweep and A&N Islands for national security.
Secure Legal FrameworkProvides a legal structure to manage inter/intra-state tensions and make concessions.
Example:
Article 371 for Vidarbha and Saurashtra regions.
Protecting Marginalized Communities
Legal autonomy provisions protect marginalized communities from exploitation and ensure inclusive governance.
Example:
Fifth and Sixth Schedules for tribal areas.
Encouraging Balanced Growth
Special provisions encourage balanced growth by addressing the specific needs of less developed states or regions.
Example:
Focused growth schemes for Special Category states.
Consistent Policy Implementation
Ensures streamlined governance, avoiding administrative fragmentation, especially in regions with unique strategic or demographic conditions.
Example:
Andaman & Nicobar’s direct administration ensures consistent national security policies.

 While asymmetrical federalism addresses the diverse political, social, and economic needs of various regions, it also brings challenges that raise questions about equity, administrative efficiency, and national integration. 

Issues with Asymmetrical Federalism

ISSUESMAJOR ISSUES DUE TO ASYMMETRICAL FEDERALISM
Exacerbates Regional InequalitiesStates with more autonomy may gain advantages in resource allocation, taxation, and economic development.
Example:
Himachal Pradesh (Special Category) vs Bihar.
Political Discontent & Secessionist TendenciesUnequal political power may lead to discontent and perceived injustice.
Example:
NER’s lack of parliamentary representation fuels secessionism.
Administrative Complexity & InefficiencyDiverse constitutional arrangements create overlapping responsibilities, leading to inefficiency.
Example:
AFSPA regions face allegations of human rights violations.
Hinders National IntegrationRegional autonomy fosters identity politics, hindering national unity.
Example:
Gorkhaland demand.
Hinders Economic GrowthLack of uniform laws, taxation, and governance creates obstacles for businesses.
Example:
NER and J&K rank low in ease of doing business.
Inconsistent ApplicationDifferential treatment and selective application of autonomy based on political considerations.
Example:
Special status of Jammu and Kashmir.

Way Forward

  • Acknowledging Diversity: India’s progress requires acknowledging and accommodating its diversity; a one-size-fits-all approach is inadequate.
  • Institutionalizing Asymmetric Arrangements: Transparent asymmetric arrangements contribute to nation-building and benefit the federation overall.
  • Caution Against Unitary Policies: Unitary policies pursued for short-term gains can jeopardize the long-term stability and interests of federalism.
  • Gradual Reform Process: Any adjustments to existing constitutional asymmetry should be gradual and long-term, with careful consideration both legally and politically.
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