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: ...
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
- 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 .
- 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 .
- 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 .
- 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 .
- 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.
See less
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.
See less