How voices for federalism aim to strengthen country

On 5 October 1983, 53 leaders from 17 political parties met in Srinagar in a tremendous show of strength against an extremely powerful Union Government. These leaders came together to repair and redefine the Centre – State relationship and pave way for a more federal structure. All parties present were united by the cause of federalism. The Dravida Munnetra Kazhagam was represented by the then Treasurer of the party Sadiq Basha at the Srinagar Conclave which was hosted by Farooq Abdullah, then Chief Minister of Jammu and Kashmir. Today, when political leaders across Kashmir have been detained, DMK held an agitation, with the participation of sixteen political parties, in New Delhi to protest the authoritarian and anti-democratic actions of the Union Government. Both, then and now, Kanyakumari and Kashmir are bound by a common thread of national interest and the spirit of the Constitution. 

It has been pointed out that political movements of Tamil Nadu and Kashmir have witnessed similar trajectories. In newly Independent India, there were strong undercurrents of separatism prevalent in the two states. The Dravida Nadu demand, one of the key planks of the early day DMK, was replaced in 1962 by the plank of regional autonomy and that of “Dravidian Co-operation” to ensure maximum devolution of power to the Southern States. Subsequent elections in Tamil Nadu have vindicated this policy change of the DMK with the party being elected to govern the state on five occasions. 

Simultaneously, during the sixties and seventies, mainstream politics across India moved from secession to state autonomy; and from fringe demands to federal rights. Nevertheless, it is true that Kashmiris and Tamils, as well as other ethnic and linguistic peoples, feel equally strong about their regional and national identities. But, the politics of “Ek Bharat Shreshta Bharat” espoused by BJP and its parent Rashtriya Swayamsevak Sangh is predominantly assimilationist and anti-pluralist in nature. Therefore, BJP is unable to comprehend this fundamental distinction between regional and national identities and the significance of preserving the two.   

The Srinagar Conclave of 1983 was part of the early wave of meetings led by regional parties which laid the platform for improving federal structure of the country. In that meeting, a comprehensive resolution, consisting of 31 items, was passed suggesting large scale changes in Centre-State relation in the administrative, economic and political fields. The essence of these were that the Centre should confine itself to subjects like defence, foreign affairs, currency and communications. Naturally, the States would exercise sovereign power in all other aspects. These efforts resulted in structural political changes which led to the formation of Union Governments led by regional parties from 1989 onwards and devolution of powers from the Centre to States. 

Such a push for decentralization and greater autonomy for states is apparent even from the evolution of law laid down by the constitutional courts. The Supreme Court in Kesavananda Bharti vs Union of India 1973 case first spoke about the federal nature of the Constitution as one of its basic features. These concepts were further solidified in the judgment given in the S.R.Bommai vs Union of India 1994. The Supreme Court, on a number occasions including in cases such as I.T.C Ltd. Vs Agricultural Produce Market Committee 2002, has not shied away from declaring that the powers of the state legislature cannot be whittled away by actions of the Union Government. The events leading up to the issuance of Presidential Order C.O. 272 of 2019 has been a Constitutional misadventure and equates the State Government to be the Governor. The  entire exercise has been nothing but a show of complete autocracy and therefore, stands to vitiate a number of constitutional guarantees such as federal structure, representative democracy and fundamental freedoms. 

Therefore, when the petitions challenging the abrogation of Article 370 are heard, it will not be about Kashmir alone. It will also determine the fate and future of federalism and naturally, the basic structure of the Constitution itself. That is the reason why parties like the DMK – which believe in a functional democracy and constitutionalism – must come together to stop the Union Government from precipitating the situation any further.  

Manuraj Shunmugasundaram

Advocate and Spokesperson, DMK.

Link to the Article: https://timesofindia.indiatimes.com/city/chennai/how-voices-for-federalism-aim-to-strengthen-country/articleshow/70833729.cms

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