• Asymmetric federalism means federalism based on unequal powers and relationships in political, administrative, and fiscal arrangements between the units constituting a federation.
• Asymmetry in the arrangements in a federation can be viewed in both vertical (between Centre and states) and horizontal (among the states) senses.

Political and Constitutional Asymmetry

• Recognising the distinctive cultural differences in the country and permitting self-rule within the scheme of a shared rule to territorially concentrated minorities is how asymmetrical federalism works in India.
• Such functioning pertains to de facto and de jure asymmetry, where the former is abundant while the latter is limited.
• Furthermore, such an arrangement only proves that an asymmetrical constitutional setup is indisputably necessary for a multicultural and multinational country such as India to protect the rights of the community and the minorities.
• This setup facilitates the accommodation of multiple yet complementary identities.
• In this regard, it is necessary to understand the distinction made by Ronald Watts between political and constitutional asymmetry, both of which exist in our country.
• While in every federal nation the former is based on the territorial and demographic sizes of the constituent units, the latter characterises the Constitution’s extension of legislative and executive powers to the constituent units.
• So when we find representation of States in the Rajya Sabha based on their population, it is a political asymmetry.
• That is why States such as Uttar Pradesh have 31 seats in the Rajya Sabha, whereas Meghalaya and Mizoram have just one each.
• Constitutional Asymmetry – Self-rule within shared rule
• We find constitutional asymmetry in Article 370 and in the special provisions and powers extended to Nagaland, Mizoram and others in the omnibus Article 371.
• The parliamentary statute cannot be implemented in the northeast States mentioned above without the consent of the legislatures of these States.
• In addition, creation of the Autonomous District Council as per the Sixth Schedule also acknowledges the socio-cultural, political and historical rights of the tribes of the Northeast, thereby facilitating the provisions of self-rule within the scheme of shared rule.
• Union Territories
• Furthermore, the Indian asymmetrical setup has evolved to include another type of asymmetry, i.e. Union Territories (UTs).
• Their establishment is in line with the spirit of federal asymmetry.
• These are special federating units that have been created multiple times.
• Delhi’s case is in itself a remarkable example of asymmetrical federalism where we witness the appointment of the Chief Minister of Delhi by the President of India on the recommendation of the Lieutenant Governor (LG).
• This provision is in line with the special status of Delhi as the NCT.

On fiscal arrangements

• Another significant asymmetry is the fiscal arrangements enshrined in the Constitution.
• When transferring funds from the Centre to States, statutory transfers are made based on the recommendations of the Finance Commission.
• The cost of implementing Centrally sponsored schemes to bring about welfare is co-shared by both the Centre and sub-national units. In the NITI Aayog era, the Centre has considerably reduced the share of its revenue to implement the Centrally sponsored schemes.

These provisions in our Constitution and administration are special arrangements reflective of asymmetrical features.

We must remember that the idea and arrangement of asymmetrical power-sharing can be unsettling if not utilised properly. Such features in our Constitution are neither marginal nor merely provisional. These features touch upon a considerably large number of States. And without these features and provisions, it would not have been possible to undermine the secessionist tendencies of a highly diverse society.

Asymmetrical federalism will continue to have its relevance in the future because to pave the way for cooperative federalism we must be able to accommodate various groups and provide them with a share in the governance of the country at the same time.