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  1. Jul 23, 2022 · Coercive federalism is a period of American federalism that began in the late 1960's. It is characterized by substantial growth in the power of the federal government relative to the states and by the ability of the federal government to override state powers and impose policies on the states.

    • Context
    • Cooperative vs Competitive Federalism
    • Constitutional Position
    • Steps Toward Competitive Federalism
    • Hindrances For Competitive Federalism
    • Suggestions
    • Way Forward

    Federalism is derived from the Latin world foedus, which means agreement. In fact federation is an agreement between two types of governments sharing power and controlling their respective spheres. Thus a federation is a system of national and local governments, combined under a common sovereignty with both national as well as federating units havi...

    Based on the relationship between the central and state government–the concept of federalism is divided into- Co-operative federalism and Competitive federalism. 1. In Cooperative federalism the Centre and states share a horizontal relationship, where they “cooperate” in the larger public interest. 1.1. It is an important tool to enable states’ par...

    Article 1 of the Constitutionstates, “India, that is Bharat, shall be a Union of States”. While the Constitution doesn’t mention the term “federal”, it does provide for a governance structure prima...
    It provides for separate governments at the Union and in the states.Further, it specifies and demarcates the powers, functions and jurisdictions of the two governments. Lastly, it details the legis...
    The distribution of legislative powers has been divided into three lists: the Union List, the State List and the Concurrent List. The Union List, comprising the “vital interests of the State”, is t...
    On the Union List, Parliament has exclusive powers to legislate. While the state has exclusive powers to legislate on the State List, in certain situations, Parliament can also do so.
    The acceptance of the 14th Finance Commission’s recommendations, apart from significantly enhanced devolution ( devolution of 42% of the divisible pool to states during 20015-16 to 2019-20, against...
    Competitive federalism is not yet embraced by all the states. But a handful of states are clearly taking steps to strengthen their business environments, including initiating difficult reforms on l...
    Federalism is no longer the fault line of Centre-State relations but the definition of a new partnership of team India.
    The Central government has promised decentralisation of power and minimum interference in the State affairs.
    Several issues such as trust deficit and shrinkage of divisible poolsplague Centre-State relations. Together, they make total cooperation difficult
    Trust deficit between Centre and States is widening. Most state governments believe the thrust on federalism is limited to lofty ideas and big talks. Many States have shown their displeasure with t...
    On one hand the Centre has increased the States’ share of the divisible pool but in reality States are getting a lesser share. The allocation towards various social welfare schemes has also come do...
    The present inter-state competitionin attracting investment is too early to determine whether it will really encourage competitive patterns of investment on a continuous basis.
    Efforts at cooperative and competitive federalism have commenced but need to be strengthened.
    NITI Aayog concentrates on the broader policy framework instead of micro resource-allocated functions. So there is a need to take some further steps.
    Reactivation of the Centre-State Council: Under Article 263, this council is expected to inquire and advice on disputes, discuss subjects common to all states and make recommendations for better po...
    The NITI Aayog can’t replace the council’s functions as it is the only recognised constitutional entity for harmonising the actions of the Centre and states. Its effective utilisation would lend le...
    Cooperative and competitive federalism are not mutually exclusive. They have the same basic principle underlying i.e. development of the nation as a whole.
    Cooperative and competitive federalism may be two sides of the same coin as the competition alone cannot give the best results, it is competition with cooperation that will drive the real change.
    Centre’s support would be required by some states to participate in competitive federalism. Strong states make strong nation and to realise this vision, it requires a “Team India” approach to work...
    The passage of GST Bill does usher in a new era in cooperative fiscal federalism and a growing political consensus for economic reforms.
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  3. May 23, 2007 · The Unfunded Mandates Reform Act (UMRA) of 1995 primarily addressed only one of the instruments of coercive federalism—statutory direct orders—and this relatively narrow definition has served to limit not only our understanding of the implications of national policy decisions for our federal system but also has served to limit the potential ...

    • Paul Posner
    • 2007
  4. Mar 10, 2017 · As alluded to in the previous section, the dynamics of Indian federalism underwent significant change in the past two decades due to the transformation of the Indian party system and economic liberalization. This section provides an overview of the major issues. The first of these, “the pluralization of the party system” is not explained as ...

    • Chanchal Kumar Sharma, Wilfried Swenden
    • 2017
  5. Author: John Kincaid. Coercive federalism is a period of American federalism that began in the late 1960’s. It is characterized by substantial growth in the power of the federal government relative to the states and by the ability of the federal government to override state powers and impose policies on the states.

  6. 56Dole, 483 U.S. at 207-08, 210-11 (listing five conditions for the exercise of the spending power, including pursuit of “the general welfare,” stating the conditions on the receipt of federal funds unambiguously, relating the grant to a national interest, not barred. 2015]COMMANDEERING, COERCION, AND FEDERALISM 11.

  7. Coercive federalism has been characterized by unprecedented increases since 1968 of crosscutting and crossover conditions (i.e., regulations) attached to federal grants-in-aid, mandates (unfunded, underfunded, and funded) on state and local governments, preemptions (i.e., displacements) of state law by federal law under the supremacy clause (Art.

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