Special provisions

Asymmetric federalism. A striking feature of India's federation is that some states get differential treatment. Representation in the Rajya Sabha is already asymmetric (by population). And while the division of powers is common to all states, the Constitution has special provisions for some, because of their particular social and historical circumstances.

• Most special provisions concern the north-eastern states (Assam, Nagaland, Arunachal Pradesh, Mizoram and others), because of their sizeable indigenous tribal populations with a distinct history and culture. These provisions have not fully ended alienation and insurgency in parts of the region.
• Special provisions also exist for hill states such as Himachal Pradesh, and for some others such as Andhra Pradesh, Goa, Gujarat, Maharashtra, Sikkim and Telangana.

Jammu and Kashmir. J&K, one of the large princely states, acceded to India in October 1947 and was given greater autonomy by the Constitution under Article 370.

• Under it, the state's concurrence was needed for Parliament to make laws on many Union and Concurrent List matters; J&K had its own constitution and flag. Over time, presidential orders (with the state's concurrence) extended large parts of the Constitution to it, though some differences remained: for example, an emergency due to internal disturbance needed the state's concurrence, a financial emergency could not be imposed, and the Directive Principles did not apply.
• The special status under Article 370 no longer exists. The Jammu and Kashmir Reorganisation Act, 2019 divided the state into two Union Territories, Jammu and Kashmir and Ladakh, with effect from 31 October 2019.

Conclusion. Federalism is like a rainbow: each colour separate, together making a harmonious pattern. No legal formula can guarantee its smooth working; people and politics must develop mutual trust, tolerance and cooperation. Federalism celebrates both unity and diversity: national unity cannot be built by streamlining differences; forced uniformity breeds strife and alienation. A polity sensitive to diversity and to autonomy demands is the basis of a cooperative federation.

Example (new): a school that gives extra coaching and transport to students from a distant hill village is not being unfair to the others; equal treatment of very unequal situations would be unfair. Special provisions for some states follow the same logic.