Federal Structure

Model Answer

Introduction

Article 356 of the Indian Constitution allows the President to impose direct central rule in a state when constitutional machinery fails. While frequently invoked in earlier decades, its usage has significantly declined since the mid-1990s. This reduction can be attributed to various legal and political factors.

Legal Factors

Judicial Pronouncements

The S.R. Bommai case (1994) was pivotal in shaping the application of Article 356. The Supreme Court ruled that the use of Article 356 is subject to judicial review, reinforcing that the President’s power to dissolve a state assembly must be exercised judiciously.

Doctrine of Constitutional Mandate

The judiciary has emphasized the importance of federalism, advocating for state autonomy and restricting the arbitrary use of Article 356. This judicial perspective encourages a more thoughtful application of the provision.

Guideline Establishment

The Bommai case established guidelines outlining the appropriate circumstances for invoking Article 356, promoting a more restrained and deliberate approach to its application.

Recommendations of Commissions

The Sarkaria Commission and Punchhi Commission recommended a cautious application of Article 356 to foster cooperative federalism and enhance center-state relations. Their recommendations emphasized the need for restraint in imposing President’s Rule.

Judicial Role of the President

Post-Bommai, the President’s role in assessing state conditions has become more judicial, necessitating careful consideration before recommending Article 356. This shift has led to a more cautious approach.

Political Factors

Coalition Politics

The rise of coalition governments has fostered collaborative governance, reducing the impulsive use of Article 356 and promoting political stability.

Public Perception and Media Scrutiny

Increasing media scrutiny and informed public opinion act as deterrents against arbitrary use of Article 356, holding the government accountable and upholding democratic principles.

Strength of Regional Parties

The growing influence of regional parties has created a balanced power dynamic, discouraging the central government from unnecessarily invoking Article 356.

Political Maturity

India’s evolving political landscape has prioritized stability and governance over power struggles, fostering adherence to constitutional norms.

International Image

The desire to maintain a positive international image as a democratic nation has led Union governments to avoid unnecessary applications of Article 356.

Conclusion

In summary, the combination of prudent legal interventions and an evolved political environment has significantly reduced the frequency of invoking Article 356. This trend reflects a mature democracy striving to uphold the ideals enshrined in its Constitution while fostering balanced governance.

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.

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.