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Federal Structure

India’s federal structure is a key feature of its constitutional framework, dividing powers between the Union government and state governments. The states have their own elected legislative assemblies, executive branches, and judicial systems, granting them significant autonomy in policy decisions.

This balanced federalism, with a system of checks and balances, ensures effective governance and accommodates the diverse needs of India’s vast and heterogeneous population.

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Home/Indian Polity/Federal Structure/Page 2

Mains Answer Writing Latest Questions

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TeamSupreme
Asked: August 16, 2024In:
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Roadmap for Answer Writing Introduction Briefly introduce the concept of federalism in India. State the significance of cooperation, competition, and confrontation in shaping the Indian federation. Cooperation Define cooperative federalism and its importance in India. Provide examples: Goods and Services Tax (GST): Highlight how GST represents a ...

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  1. Team
    Best Answer
    Team Supreme

    Model Answer Introduction India’s federal system is shaped by a complex interplay of cooperation, competition, and confrontation between the central and state governments. Cooperation plays a significant role in fostering collaborative planning and policy-making. An example is the establishment of tRead more

    Model Answer

    Introduction

    India’s federal system is shaped by a complex interplay of cooperation, competition, and confrontation between the central and state governments. Cooperation plays a significant role in fostering collaborative planning and policy-making. An example is the establishment of the NITI Aayog, which promotes cooperative federalism by facilitating dialogue and coordination between the center and the states in matters of economic planning and development.

    Cooperation

    The Indian federal system is designed to facilitate cooperation between the center and the states. The Goods and Services Tax (GST) is a prime example of cooperative federalism, where both the center and the states have pooled their powers to create a unified tax system. This collaborative approach has streamlined the tax structure and improved economic integration across states. Another example is the NITI Aayog, which replaced the Planning Commission, fostering collaborative planning and policy-making between the center and the states.

    Competition

    Competitive federalism encourages states to improve their performance and policies to attract investment, businesses, and resources. In recent years, the center has adopted a competitive approach to allocate resources, prompting states to streamline their regulations and policies. The ‘Ease of Doing Business’ rankings have created healthy competition among states to improve their business environments. The Smart Cities Mission is another example where competition is used as a driving force to encourage cities to develop innovative solutions for urban development.

    Confrontation

    Despite the cooperative and competitive aspects of the Indian federation, confrontations between the center and the states have occurred. These confrontations can arise due to political, administrative, or legal issues. Recent examples include the conflict between the central government and the West Bengal government over the CBI’s jurisdiction and the tussle between the central government and the Delhi government over administrative control. The Citizenship Amendment Act (CAA) also led to confrontations between some state governments and the center, with some states refusing to implement the Act.

    Conclusion

    India’s federal system has been shaped by cooperation, competition, and confrontation. Cooperation and competition foster efficient policy-making and resource allocation, while confrontation can uphold federal principles. Balancing these elements is vital for the federation’s smooth functioning and addressing India’s diverse needs.

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Reena Bhatt
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Reena BhattBegginer
Asked: August 17, 2024In:
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Roadmap for Answer Writing 1. Introduction Briefly introduce the concept of Indian federalism. Mention the quasi-federal nature and the distribution of powers. State that the Principle of Federal Supremacy and Harmonious Construction are crucial in resolving disputes regarding legislative powers. 2. Principle of Federal Supremacy Definition: ...

upsc: federal structure
  1. Team
    Best Answer
    Team Supreme

    Model Answer Introduction The Indian federal system exhibits a quasi-federal nature, where the central government wields greater authority than state governments. In this framework, the Principle of Federal Supremacy and the Harmonious Construction doctrine are pivotal in addressing disputes relatedRead more

    Model Answer

    Introduction

    The Indian federal system exhibits a quasi-federal nature, where the central government wields greater authority than state governments. In this framework, the Principle of Federal Supremacy and the Harmonious Construction doctrine are pivotal in addressing disputes related to the distribution of legislative powers between the Union and State Governments.

    Principle of Federal Supremacy

    The distribution of legislative powers in India is enshrined in the Seventh Schedule of the Constitution, which categorizes subjects into three lists: Union List, State List, and Concurrent List. According to Article 246, when conflicts arise between Union and State laws on subjects within the Concurrent List, Union law prevails. This establishes the Principle of Federal Supremacy. A landmark case illustrating this principle is Tika Ramji vs. State of Uttar Pradesh (1956), where the Supreme Court upheld the Essential Commodities Act, 1955, asserting that the Union law takes precedence over conflicting state legislation (Source: Supreme Court judgments).

    Harmonious Construction

    The Harmonious Construction approach is employed by the judiciary to interpret and reconcile conflicting provisions of Union and State laws, ensuring their harmonious coexistence. This principle was significantly applied in the case of State of Rajasthan vs. G. Chawla (1959), where the Supreme Court analyzed the Prevention of Corruption Act, 1947, against the Rajasthan Public Servants (Salaries and Allowances) Act, 1956. The Court concluded that both laws could operate within their respective domains without conflict, thereby promoting a cooperative federal framework (Source: Supreme Court judgments).

    Conclusion

    The Principle of Federal Supremacy and Harmonious Construction are essential doctrines that facilitate the resolution of contentious legislative power disputes in India. They foster a balanced and harmonious relationship within the constitutional framework, ensuring that both Union and State laws can coexist effectively.

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Anirudh Singh
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Anirudh SinghLearner
Asked: July 16, 2024In:
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Examine the administrative authority and oversight that the Union government has over the States, including the appointment and dismissal of governors and the use of CAFPOs. Analyze the discussions about how these provisions should be used.

upsc: federal structure
  1. Sundari Panwar
    Sundari Panwar Begginer

    The Union government has significant administrative control and supervision over the States in India, which is enshrined in the Constitution. Here are some key areas where the Union government exercises control: Appointment and removal of Governors: The President of India appoints Governors on the aRead more

    The Union government has significant administrative control and supervision over the States in India, which is enshrined in the Constitution. Here are some key areas where the Union government exercises control:

    Appointment and removal of Governors: The President of India appoints Governors on the advice of the Union government. Governors are the ceremonial heads of the States, but they also have some powers, such as the power to appoint advisors and to give assent to State laws.
    Deployment of Central Armed Police Forces (CAPFs): The Union government can deploy CAPFs, such as the Central Reserve Police Force (CRPF), Border Security Force (BSF), and Indo-Tibetan Border Police (ITBP), in States to maintain law and order and assist State police forces.
    Financial control: The Union government has significant control over State finances through the grants-in-aid, which are provided to States for specific purposes, such as infrastructure development and social welfare programs.
    Monitoring and supervision: The Union government exercises monitoring and supervision over State governments through various mechanisms, such as:
    The Union Ministry of Home Affairs (MHA) monitors law and order situations in States and provides guidance to State governments.
    The Planning Commission (now NITI Aayog) reviews State plans and provides guidance on development priorities.
    The Election Commission of India monitors elections in States.
    Debates surrounding the use of these provisions:

    Appointments and removal of Governors: Critics argue that Governors should be impartial and not political appointees, while supporters argue that Governors have a role in advising the State government and ensuring stability.
    Deployment of CAPFs: Critics argue that the deployment of CAPFs can undermine State police forces and create a sense of distrust between the Centre and States. Supporters argue that CAPFs are necessary to maintain law and order in sensitive areas or during crises.
    Financial control: Critics argue that excessive financial control by the Centre undermines State autonomy, while supporters argue that grants-in-aid are necessary to promote national priorities and ensure economic development.
    Monitoring and supervision: Critics argue that excessive monitoring can stifle State autonomy, while supporters argue that monitoring is necessary to ensure accountability and compliance with national policies.
    Recent developments:

    Appointment of Governors: The controversy surrounding the appointment of Governors has led to calls for reforming the system, with some arguing for a more transparent and merit-based process.
    Deployment of CAPFs: The deployment of CAPFs has been criticized for being arbitrary and partisan, leading to tensions between the Centre and States.
    Financial autonomy: There have been demands for greater financial autonomy for States, with some arguing that excessive dependence on Centre’s grants-in-aid undermines their ability to make decisions.
    E-governance: Efforts have been made to improve transparency and accountability through e-governance initiatives, such as online portals for tracking grants-in-aid and electoral funding.
    In conclusion, the Union government’s administrative control over States is a complex issue with valid arguments on both sides. While there are concerns about over-centralization and erosion of State autonomy, there are also valid reasons for federal intervention in matters such as law and order and national security. A balanced approach is needed to ensure that federalism is maintained while also promoting effective governance and accountability at all levels.

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TeamSupreme
Asked: August 21, 2024In:
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Roadmap for Answer Writing 1. Introduction Definition of Cooperative Federalism: Briefly define cooperative federalism and its importance in the Indian context. Contextual Relevance: Mention the increasing emphasis on cooperative federalism in recent years to address national challenges. 2. Body A. Drawbacks in the Existing Structure Imbalance ...

upsc: federal structure
  1. Team
    Best Answer
    Team Supreme

    Model Answer Introduction Cooperative federalism in India emphasizes collaboration between the central and state governments to foster inclusive growth and address national challenges. However, the existing federal structure has several drawbacks that hinder its effectiveness. Drawbacks in the ExistRead more

    Model Answer

    Introduction

    Cooperative federalism in India emphasizes collaboration between the central and state governments to foster inclusive growth and address national challenges. However, the existing federal structure has several drawbacks that hinder its effectiveness.

    Drawbacks in the Existing Structure

    1. Imbalance of Financial Resources: The central government retains a larger share of financial resources, leading to a dependency on central grants. This creates fiscal imbalances among states, limiting their ability to address local needs effectively .
    2. Overlapping Jurisdictions: The presence of concurrent subjects in the Constitution, such as education and forests, often results in overlapping jurisdictions. This can lead to disputes between the center and states, complicating governance .
    3. Centralized Planning: Historically, centralized planning has overlooked the specific needs of states and regions, hampering their development. This top-down approach often fails to consider local contexts .
    4. Ineffective Coordination: Poor coordination between the center and states in implementing policies has resulted in inefficiencies and duplication of efforts, undermining the effectiveness of various programs .
    5. Politicization of Issues: Political differences between the central and state governments can impede cooperation, adversely affecting policy implementation and leading to conflicts that detract from developmental goals .

    Extent to Which Cooperative Federalism Addresses These Shortcomings

    Cooperative federalism has the potential to mitigate these issues through several mechanisms:

    • Financial Devolution: The 14th Finance Commission increased states’ share in central taxes from 32% to 42%, promoting a more equitable distribution of resources and empowering states to meet their development needs .
    • Collaborative Policy-Making: The NITI Aayog involves states in formulating national policies, fostering a spirit of cooperation and ensuring that local concerns are addressed .
    • Enhanced Coordination: Centrally sponsored schemes are increasingly designed with flexibility to accommodate states’ specific requirements, promoting better coordination .
    • Conflict Resolution: The Inter-State Council, established under Article 263, serves as a platform for resolving disputes and fostering cooperation between states and the center .

    Conclusion

    While cooperative federalism offers promising solutions to the structural drawbacks of India’s federal system, its success hinges on a commitment from both levels of government to collaborate effectively, setting aside political differences for national development.

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TeamSupreme
Asked: August 21, 2024In:
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Roadmap for Answer Writing Introduction Define federalism and its significance in the context of the Indian Constitution. Introduce the concept of “quasi-federalism,” highlighting the dual nature of the Constitution that combines federal and unitary features. State the thesis: While federalism is a fundamental principle, ...

upsc: federal structure
  1. Team
    Best Answer
    Team Supreme

    Model Answer The Indian Constitution is often characterized as "quasi-federal" due to its unique blend of federal and unitary features. While it establishes a federal structure, it predominantly favors a strong central government, which raises concerns about the strength of federalism. Features FavoRead more

    Model Answer

    The Indian Constitution is often characterized as “quasi-federal” due to its unique blend of federal and unitary features. While it establishes a federal structure, it predominantly favors a strong central government, which raises concerns about the strength of federalism.

    Features Favoring a Strong Centre

    Division of Powers

    The Constitution delineates powers between the Centre and the States through three lists: the Union List, the State List, and the Concurrent List (Article 246). The Union List contains subjects of national importance, such as defense and atomic energy, where only the Centre can legislate. In contrast, conflicts arising in the Concurrent List favor Central laws over State laws (Article 254), undermining state autonomy.

    Emergency Powers

    The Centre possesses extensive emergency powers under Articles 352, 356, and 360. During a national emergency, the Centre can legislate on State List subjects, and President’s Rule can be imposed, transferring state powers to the Centre. This has led to criticisms of misuse, especially against opposition-led states.

    All-India Services

    The Constitution establishes All-India Services, such as the IAS and IPS (Article 312), which are recruited and trained by the Centre but serve in the States. This fosters uniformity and allows the Centre to exert control over state administration.

    Role of the Governor

    Governors, appointed by the President, hold discretionary powers, including reserving bills for the President’s consideration. Critics argue this role often leans towards central interests, undermining state authority.

    Financial Relations

    The Centre has greater control over financial resources (Articles 268-293), often leaving States with limited bargaining power in revenue distribution. This financial dependency further weakens state autonomy.

    Conclusion

    While the Indian Constitution embodies a federal structure, its unitary features are designed to ensure national unity and effective governance. The challenge lies in maintaining a balance that prevents the centralization of power while respecting state autonomy. The evolution of cooperative federalism, as seen in bodies like the GST Council, illustrates the potential for collaboration between the Centre and States, promoting a more equitable federal system.

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Prateek
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PrateekLearner
Asked: June 5, 2024In:
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Describe the different obstacles that India faces in maintaining cooperative federalism. Provide strategies for promoting cooperative federalism as well. (Answer in 200 words)

upsc: federal structure
  1. Animesh Singh
    Animesh Singh Learner

    Ensuring cooperative federalism in India faces several challenges: 1. Power imbalance: The central government's dominance over financial resources and policy decisions creates an uneven power dynamic between the Union and the states, hampering genuine cooperation. 2. Political differences: IdeologicRead more

    Ensuring cooperative federalism in India faces several challenges:

    1. Power imbalance: The central government’s dominance over financial resources and policy decisions creates an uneven power dynamic between the Union and the states, hampering genuine cooperation.

    2. Political differences: Ideological and political differences between the ruling parties at the center and in the states can lead to conflicting agendas and a lack of consensus on national issues.

    3. Fiscal constraints: Many states face financial constraints and are heavily dependent on the center for grants and transfers, limiting their autonomy in decision-making.

    4. Coordination issues: Lack of effective coordination mechanisms and communication channels between the Union and the states can hinder the implementation of joint programs and policies.

    5. Functional overlap: Unclear delineation of responsibilities between the Union and the states often leads to overlapping jurisdictions and conflicts over policy implementation.

    To foster cooperative federalism, the following measures can be taken:

    1. Strengthening inter-governmental forums: Institutions like the Inter-State Council and the Goods and Services Tax Council should be empowered to facilitate greater dialogue and consensus-building.

    2. Enhancing fiscal federalism: Revising the formula for the devolution of financial resources to the states, increasing the untied grants, and expanding the states’ revenue-raising powers can promote fiscal autonomy.

    3. Institutionalizing cooperative mechanisms: Establishing permanent secretariats, joint task forces, and regular consultations between the Union and the states can improve coordination and collaboration.

    4. Promoting cooperative mindset: Fostering a culture of mutual trust, respect, and accommodative approach among political parties and government officials can contribute to the success of cooperative federalism.

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Ajay Sundar
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Ajay SundarLearner
Asked: February 18, 2025In:
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Roadmap for Answer Writing Introduction Define Centre-State relations and their significance in Indian federalism. Briefly mention the recent changes and the context of these changes. Recent Changes Introduced by the Union Government 15th Finance Commission’s Recommendations: Discuss the reduction of states’ share in central taxes ...

upsc: federal structure
  1. Team
    Team Supreme

    Model Answer Introduction The Centre-State relations in India have seen notable changes recently, particularly in the context of cooperative federalism and fiscal management. The 15th Finance Commission's recommendations, the implementation of the Goods and Services Tax (GST), and the contentious faRead more

    Model Answer

    Introduction

    The Centre-State relations in India have seen notable changes recently, particularly in the context of cooperative federalism and fiscal management. The 15th Finance Commission’s recommendations, the implementation of the Goods and Services Tax (GST), and the contentious farm laws have all influenced this dynamic relationship.

    Recent Changes Introduced by the Union Government

    1. 15th Finance Commission’s Recommendations: The Centre has implemented the recommendation to reduce the states’ share in central taxes from 42% to 41%. This adjustment acknowledges the fiscal challenges while considering the needs of newly formed Union Territories like Jammu & Kashmir .
    2. Introduction of GST: While GST aimed to unify the Indian market, it has led to financial stress for states, particularly due to delays in compensation payments. Several states have expressed concerns over these delays, which strain their budgets .
    3. Farm Laws: The controversial farm laws enacted by the Centre aimed at agricultural reform but faced significant backlash from states like Punjab and Haryana, which argued that agriculture is a state subject and that these laws infringed upon their legislative powers .
    4. Establishment of NITI Aayog: The transition from the Planning Commission to NITI Aayog was intended to promote cooperative federalism. However, some states feel that decision-making remains overly centralized .
    5. Increase in Centrally Sponsored Schemes: The rise in centrally sponsored schemes has reduced the financial autonomy of states, as they are often required to contribute funds, limiting their flexibility in local development priorities .
    6. Direct Benefit Transfer (DBT) Scheme: The DBT has centralized welfare disbursement, reducing state control over social welfare programs, which may not always align with local needs .

    Measures to Build Trust and Strengthen Federalism

    1. Strengthening the Inter-State Council: Revitalizing this council can foster dialogue on policy decisions and disputes, ensuring inclusiveness in governance .
    2. Timely GST Compensation: Ensuring timely compensation will help maintain fiscal stability and trust between the Centre and states.
    3. More Autonomy in Centrally Sponsored Schemes: Empowering states to tailor schemes according to local needs will enhance efficiency .
    4. Cooperative Federalism through NITI Aayog: Involving states in key decisions will promote shared ownership of national development goals .
    5. Resolving Disputes through Consensus: A collaborative approach to resolving issues like river water-sharing disputes can reduce friction .
    6. Constitutional Clarity on State Subjects: Clearly defining powers and responsibilities will minimize conflicts and enhance cooperative federalism .
    7. Fiscal Empowerment of States: Revisiting the 15th Finance Commission’s recommendations to provide greater fiscal autonomy will ensure balanced development.
    8. Collaborative Policy Formulation: Engaging states in the early stages of policy formulation will foster a sense of ownership and cooperation.

    Conclusion

    In conclusion, nurturing India’s federal structure through mutual trust and cooperation is essential for effective governance. Strengthening Centre-State relations through dialogue, financial autonomy, and clear constitutional definitions will enhance the foundation of Indian democracy.

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Team
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TeamSupreme
Asked: August 14, 2024In:
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How does India’s federal structure meet the many demands and ambitions of its many states? Exist any difficulties? If so, how are they resolved? (200 Words) [UPPSC 2023]

uppsc: federal structure
  1. Rajveer Gowda
    Rajveer Gowda Begginer

    Federal Structure in India: Accommodation of Diversity and Challenges Accommodation of Diversity: Division of Powers: The Indian federal structure, as defined by the Constitution, divides powers between the Central Government and State Governments. This allows states to have legislative and administRead more

    Federal Structure in India: Accommodation of Diversity and Challenges

    Accommodation of Diversity:

    1. Division of Powers: The Indian federal structure, as defined by the Constitution, divides powers between the Central Government and State Governments. This allows states to have legislative and administrative control over local issues and cultural matters, addressing their unique needs and aspirations.
    2. State Autonomy: States have the authority to formulate policies and enact laws on subjects listed in the State List of the Seventh Schedule. This enables regional governments to address local issues such as education, health, and transportation according to their specific requirements.
    3. Special Provisions: The Constitution includes special provisions for certain states and regions, such as Article 371 for North-Eastern states and Article 370 (now abrogated) for Jammu and Kashmir. These provisions grant additional autonomy and recognize regional uniqueness.

    Challenges and Solutions:

    1. Regional Disparities: Differences in development levels and resources can create tensions. The Inter-State Council and the Finance Commission work to address these disparities by recommending equitable resource distribution and financial assistance.
    2. Center-State Relations: Conflicts arise over the division of powers. The Supreme Court plays a crucial role in resolving disputes and ensuring that federal principles are upheld.
    3. Demand for Greater Autonomy: Some states demand more autonomy, as seen in the Telangana agitation. The central government addresses these through negotiations, political agreements, and reorganization of states when necessary.

    Conclusion: India’s federal structure accommodates diverse state needs through power distribution, special provisions, and mechanisms for addressing regional challenges. However, ongoing dialogue and judicial interventions are essential to manage conflicts and ensure harmonious federal relations.

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Team
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TeamSupreme
Asked: August 24, 2024In:
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“The Indian President cannot turn into a despot.” Describe. (125 Words) [UPPSC 2020]

uppsc: federal structure
  1. Manish Chadha
    Manish Chadha Begginer

    The President of India Cannot Become a Dictator: Explanation 1. Constitutional Framework: The Indian Constitution restricts the President's powers to prevent dictatorial rule. The President's role is largely ceremonial and executive functions are carried out based on Prime Ministerial advice. 2. CheRead more

    The President of India Cannot Become a Dictator: Explanation

    1. Constitutional Framework:
    The Indian Constitution restricts the President’s powers to prevent dictatorial rule. The President’s role is largely ceremonial and executive functions are carried out based on Prime Ministerial advice.

    2. Checks and Balances:
    The Prime Minister and Council of Ministers are accountable to the Parliament, not the President. The President cannot act unilaterally or overrule the decisions of the government.

    3. Recent Examples:
    In 2018, President Ram Nath Kovind did not intervene in the Kerala Assembly resolution against the Supreme Court’s Sabarimala verdict, demonstrating adherence to the Constitutional limits.

    4. Impeachment:
    The President can be removed through an impeachment process involving both Houses of Parliament, ensuring democratic control over the office.

    In conclusion, the President’s powers are limited and regulated by the Constitution, preventing any dictatorial tendencies.

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Team
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TeamSupreme
Asked: August 24, 2024In:
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Examine the Inter-State Council’s contribution to the advancement of cooperative federalism in India critically. (125 Words) [UPPSC 2020]

uppsc: federal structure
  1. Manish Chadha
    Manish Chadha Begginer

    Role of the Inter-State Council in Promoting Co-operative Federalism 1. Purpose and Function: The Inter-State Council (ISC) was established under Article 263 of the Indian Constitution to promote co-operative federalism by facilitating dialogue between the Centre and states on issues of mutual conceRead more

    Role of the Inter-State Council in Promoting Co-operative Federalism

    1. Purpose and Function:
    The Inter-State Council (ISC) was established under Article 263 of the Indian Constitution to promote co-operative federalism by facilitating dialogue between the Centre and states on issues of mutual concern. Its main role is to resolve disputes and coordinate policies.

    2. Achievements:
    The ISC has played a role in policy coordination, such as discussions on GST implementation and flood management. It serves as a platform for states and central government to address inter-state issues and ensure collaborative governance.

    3. Criticisms:
    However, its effectiveness has been questioned due to infrequent meetings and limited impact on major federal disputes. For instance, it had a limited role in the recent farm laws dispute, highlighting its ineffectiveness in resolving critical issues.

    4. Recent Example:
    In the context of COVID-19 management, while the ISC discussed various measures, state-central coordination often remained ad-hoc rather than systematically resolved through the council.

    Conclusion:
    The ISC aims to foster co-operative federalism, but its limited frequency and variable impact suggest the need for a more dynamic role in ensuring effective federal collaboration.

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