Asymmetric Federalism in India: With special Reference to North East States and Jammu and Kashmir
Asymmetric Federalism in India
What is Asymmetric Federalism?
Asymmetric Federalism refers to a system where different states or regions within a federation have different powers, rights, or autonomy.
Unlike symmetric federalism, where all states have equal powers, asymmetric federalism recognizes the unique historical, cultural, ethnic, or political needs of certain regions by granting them special status or privileges.
In India, this approach helps manage diversity and regional aspirations.
Why Asymmetric Federalism in India?
India is extremely diverse — linguistically, ethnically, culturally, and geographically.
Certain regions have distinct identities or historical reasons for special arrangements.
To accommodate these differences, India has adopted asymmetric federalism for some states, granting them special powers under the Constitution.
Constitutional Provisions for Asymmetric Federalism
Article 370 (Now abrogated): Special status to Jammu & Kashmir.
Article 371 and its sub-clauses: Special provisions for various states, especially in the North East.
Article 371A to 371J: Special powers and protections for several North Eastern states and others.
These provisions give powers over lawmaking, administrative autonomy, and cultural protections that are not uniformly applied across all states.
Special Focus: North East States
Background:
The North East is home to many ethnic groups with distinct cultures and tribal identities.
Several regions have experienced unrest, demands for autonomy, or separatism.
Key Constitutional Provisions:
Article 371A (Nagaland): Protects religious and social customs, customary law, and ownership of land and resources.
Article 371B (Assam): Special committee in the legislative assembly for tribal areas.
Article 371C (Manipur): Special provision for Hill Areas.
Article 371D and 371E (Andhra Pradesh and Telangana, but relevant for autonomy discussions)
Article 371F (Sikkim): Protects the rights of the people of Sikkim after its merger.
Article 371G (Mizoram): Protects religious and social practices and customary laws.
Article 371H (Arunachal Pradesh): Special advisory council for tribal areas.
Impact:
These provisions give autonomy in land ownership, resource management, cultural preservation.
Help maintain peace and address ethnic aspirations.
Autonomous councils and district councils in the region also play roles in self-governance.
Special Focus: Jammu and Kashmir
Historical Context:
Jammu and Kashmir had a unique accession to India in 1947.
Article 370 granted special autonomous status to the state, allowing it to have its own constitution, flag, and autonomy over internal matters except defense, foreign affairs, and communications.
This was an example of asymmetric federalism, recognizing the unique circumstances of accession and regional identity.
Changes in 2019:
On August 5, 2019, the Government of India revoked the special status by abrogating Article 370.
Jammu and Kashmir was bifurcated into two Union Territories:
Jammu and Kashmir (with legislature)
Ladakh (without legislature)
Implications:
The revocation ended the asymmetric federal arrangement.
The Union government now has greater administrative and legislative control.
This move is controversial and has significant political, social, and security implications.
Summary Table
| Region | Asymmetric Provision(s) | Key Features & Autonomy | Current Status |
|---|---|---|---|
| North East | Articles 371A to 371H | Protection of customs, land ownership, tribal autonomy, special legislative committees | Ongoing special provisions remain intact |
| Jammu & Kashmir | Article 370 (abrogated in 2019) | Own constitution, special autonomy over internal matters | Abrogated in 2019, now Union Territories |
Conclusion
Asymmetric federalism in India has been a crucial tool to manage the country's diversity and regional aspirations.
While the North East states continue to enjoy special autonomy and protections, Jammu and Kashmir’s unique autonomous status was revoked, altering the federal balance.
The effectiveness of asymmetric federalism depends on political will, dialogue, and respect for regional identities.
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