Developments in Indian Federalism: 2005–2007

Abstract

The subject matter of this paper, in general, is federalism in India. Three recent instances of the impact of Article 356—the ‘Emergency Provisions’—are analyzed to study two questions. How is federalism affected when different political parties are in power in the States and at the federal level, and does the current coalition government's experience help or hinder federalism? As to the first question, the two States of Jharkhand and Bihar, with particular emphasis on the latter, in the aftermath of the 2005 elections are examined. In both cases, it was blatant federal intervention that led to the dismissal of the duly elected governments in these States solely on political considerations and the advice of the Governors who were appointed by the federal government. The third is the case of the State of Uttar Pradesh where in 2006–2007 an attempted use of this Article was thwarted by the Election Commission. As to the second question, the use or the very threat of using Article 356 to dismiss duly elected State governments under the pressure of coalition partners at the Centre does not augur well for constitutional government or coalitions, and certainly not for federalism. In any case, Indian federalism lives up to the moniker as pointed out by C. H. Alexandrovictz that it is sue generis.     

Does the IMF cause civil war? A comment

The global economic downturn has heightened concerns about intervention by global financial institutions and political stability. One prominently-published article purports to show that signing on to an IMF structural adjustment program (SAP) increases the risk of civil war, Hartzell et al. (International Organization 64:339–56, 2010). The authors claim that IMF SAPs push liberalization, which hurts people badly enough that they foment civil war. We advance the debate by critically examining their theoretical and empirical evidence, particularly questioning their crucial assumptions about the impact of IMF programs on the economic environment in terms of who actually wins and loses from liberalization and who might be in a position to rebel. Using their data, we find that signing on to an IMF program predicts the onset of a civil war negatively if one uses a lower threshold of 25 deaths when defining civil war. These results suggest that the operationalization of the IMF variable as well as the use of large-scale civil war (1,000 deaths and above) simply capture the effect of ongoing conflict rather than the effects of liberalization. After extending the time period under study and making only minor changes to operationalization, we find that at no time does IMF involvement successfully predict the onset of a civil war.     

A Case of Accidental Fatal Aluminum Phosphide Poisoning Involving Humans and Dogs

Aluminum phosphide is one of the commonest poisons encountered in agricultural areas, and manner of death in the victims is often suicidal and rarely homicidal or accidental. This paper presents an unusual case, where two humans (owner and housemaid) and eight dogs were found dead in the morning hours inside a room of a house, used as shelter for stray dogs. There was allegation by the son of the owner that his father had been killed. Crime scene visit by forensic pathologists helped to collect vital evidence. Autopsies of both the human victims and the dogs were conducted. Toxicological analysis of viscera, vomitus, leftover food, and chemical container at the crime scene tested positive for aluminum phosphide. The cause of death in both humans and dogs was aluminum phosphide poisoning. Investigation by police and the forensic approach to the case helped in ascertaining the manner of death, which was accidental.     

Vulnerabilities of Institutional Checks in Indian Federalism: The Case of the Adarsh Society Scam in Mumbai

In developing countries, separation of powers coexists with corruption by the ruling elite. This can be attributed to informal institutions, which counter the formal checks and balances. We demonstrate, by studying the Adarsh scam, the vulnerabilities of checks and balances. Fourteen actors belonging to different tiers of the Indian federal setup who could have vetoed the project or certain permissions failed to do so.We find that 54 percent of the checks collapsed because of quid pro quo, 21 percent due to being overridden, 4 percent due to misrepresentation, 7 percent due to absorption, and 14 percent due to omissions in the process.     

Gaining Access to Public Services and the Democratic State in India: Institutions in the Middle

How and to what extent do different citizens experience democratic governance on a day-to-day basis? What agencies do they utilize in order to have their voices heard and grievances addressed? How do they gain access to government agencies responsible for delivering social welfare services, such as education, security, health care, and poverty relief? Investigations conducted in two states of India inquired about the manner in which different social groups living in rural areas gain access to the welfare services of the Indian state. These results show that an intermediary is required for gaining access. Different types of intermediaries are consulted by separate segments of society. For a large majority of poorer individuals, a newly arisen type of mediator, the naya neta (literally, new leader), is the intermediary of choice. Neither usually low status nor high status, but younger and better educated than other types of village leaders, naya netas play important roles in shaping welfare consequences in these villages of Rajasthan and Andhra Pradesh, most importantly, by affecting equity of access.     

The Role of Market-Value Accounting in Reducing Potential Taxpayer Subsidies: The Case of Deposit Insurance

The federal deposit insurance program required billions of dollars in taxpayer subsidies in recent years. Unless reforms are initiated soon, the program will continue to incur losses and will likely sizeable require subsidies in the future. Some of the blame for the past losses of the deposit insurance program has been attributed to the regulatory discretion and lack of information on the potential losses arising from the exercise of regulatory discretion. It is often argued that market-value accounting can be an effective check on regulatory discretion and can minimize the future costs of the program to the taxpayers. This study examines the role market-value accounting can play in reducing the potential taxpayer subsidies to the program. It examines the relationship between accounting system and losses to the deposit insurance program, discusses the problems in implementing the market-value accounting, and shows how market-value accounting can improve the effectiveness of the system of public regulation and reduce the adverse financial consequences of regulatory discretion. While the direct focus of the article is on the deposit insurance reform, the discussion and the arguments have applicability to improving the regulatory effectiveness of other public agencies and programs.     

An Essay on Comparative Administration

Books reviewed:
John A. Rohr, Founding Republics in France and America: A Study in Constitutional Governance.