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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, ...
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 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
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.
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).
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).
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 lessExamine the variables that have impacted the formation of new States in independent India and discuss the provisions inherent in the Constitution for the creation of new States and the rearrangement of current State boundaries.
The cooperative federalism of India is in jeopardy because several state governments have withdrawn their general consent to the CBI.
Answer: The Central Bureau of Investigation (CBI) is the premier investigating police agency in India. It is not only a premier anti-corruption investigative agency but also has experience of handling high profile conventional crimes, economic offences, banking frauds and frauds with international lRead more
Answer: The Central Bureau of Investigation (CBI) is the premier investigating police agency in India. It is not only a premier anti-corruption investigative agency but also has experience of handling high profile conventional crimes, economic offences, banking frauds and frauds with international linkages. The CBI is governed by The Delhi Special Police Establishment Act (DSPE) Act, 1946, and it must mandatorily obtain the consent of the state government concerned before beginning to investigate a crime in a state. The consent of the state government can be case-specific or general. General consent is usually given by states to help the CBI in seamless investigation of cases of corruption against central government employees in their states. This is consent by default, in the absence of which, the CBI would have to apply to the state government, in every case, and before taking even small actions. Traditionally, almost all states have given the CBI general consent. However, currently nine states have withdrawn consent to the CBI on the grounds that the CBI is used for political interests and vendetta. This tussle between the CBI and States has created an impasse as around 150 requests for sanction to investigate by the CBI are pending with such state governments since 2018. The Supreme Court has referred to the situation as ‘undesirable’. It has been argued that this also threatens the spirit of cooperative federalism in India in the following manner:
In 2013, the CBI came under harsh criticism by one of the Supreme Court judges, who referred to it as a “caged parrot” and “its master’s voice” due to political interference in the CBI inquiry on the allocation of coalfield licences. It has been argued that when different political parties form governments at the Center and states, often their interests don’t align and the CBI is used as a political tool in such instances. Therefore, the concerns of states governments also need to be looked into along with ensuring that the CBI conducts all its investigations in a free, fair and impartial manner as per the law. Following steps can be taken in this regard:
This federal impasse is a worrying development. Strong federal agencies are in national interest because big crimes often straddle state and national borders and state agencies may not have resources or jurisdiction to thwart such offenses. Therefore, it would be in India’s interest to protect CBI from political influence and interference.
See lessEvaluate the duties of the Union government concerning national security, such as leading the armed forces, overseeing domestic security, and coordinating measures to mitigate and respond to disasters.
The Union government has significant responsibilities in the realm of national security, including: Command of the armed forces: The Union government is responsible for the overall command and control of the Indian Armed Forces, which includes the Army, Navy, and Air Force. The Ministry of Defence (Read more
The Union government has significant responsibilities in the realm of national security, including:
Command of the armed forces:
The Union government is responsible for the overall command and control of the Indian Armed Forces, which includes the Army, Navy, and Air Force.
The Ministry of Defence (MOD) is responsible for the formulation and implementation of defence policies, and for ensuring the operational readiness of the armed forces.
The MOD is also responsible for acquiring and inducting new military equipment, and for modernizing the armed forces.
Evaluation: The Union government’s command of the armed forces has been effective in maintaining national security, with India’s military being capable of responding to a range of threats. However, there have been concerns about corruption and inefficiencies in defence procurement.
Management of internal security:
The Union government is responsible for maintaining law and order within the country, including the management of internal security agencies such as the Central Reserve Police Force (CRPF), Border Security Force (BSF), and Indo-Tibetan Border Police (ITBP).
The Ministry of Home Affairs (MHA) is responsible for formulating policies on internal security, including counter-terrorism, border management, and law and order.
The MHA also coordinates with State governments to address internal security concerns.
Evaluation: The Union government’s management of internal security has been effective in addressing some internal security challenges, such as terrorism and insurgencies. However, there have been concerns about inadequate funding and resources for internal security agencies, as well as allegations of human rights abuses.
Coordination of disaster response and mitigation efforts:
The Union government is responsible for coordinating disaster response efforts through the National Disaster Management Authority (NDMA), which was established in 2006.
The NDMA works closely with State governments, other central ministries, and external agencies to respond to natural disasters such as earthquakes, floods, and cyclones.
The NDMA also develops plans and policies for disaster risk reduction and management.
Evaluation: The Union government’s coordination of disaster response efforts has been effective in responding to major disasters such as the 2004 tsunami and the 2013 Uttarakhand floods. However, there have been concerns about inadequate preparedness and slow response times to some disasters.
Additional responsibilities:
The Union government is also responsible for:
Foreign policy: The Ministry of External Affairs (MEA) is responsible for formulating India’s foreign policy, including relations with other countries, international organizations, and multilateral agreements.
National intelligence gathering: The Research and Analysis Wing (R&AW) is responsible for collecting intelligence on national security threats from outside India.
Border management: The Border Management Division within the MHA is responsible for managing India’s borders with neighboring countries.
Overall, the Union government plays a critical role in ensuring national security through its command of the armed forces, management of internal security, coordination of disaster response efforts, foreign policy formulation, national intelligence gathering, and border management. While there are areas for improvement, the government’s efforts have contributed to maintaining national security and stability.
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.
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.
Examine the roles that the Union government plays in managing elections, such as supervising the Election Commission and controlling political parties and election procedures.
Consider the extent to which the Union administration uses Article 356 (President’s Rule) and other emergency powers to control and coordinate the operations of the States. Talk about the arguments for and against using these clauses appropriately.
The role of the Union government in regulating and coordinating the functioning of the States, particularly through the use of Article 356 (President's Rule) and other emergency powers, is a complex and often debated issue in India's federal structure. Use of Article 356 (President's Rule): ArticleRead more
The role of the Union government in regulating and coordinating the functioning of the States, particularly through the use of Article 356 (President’s Rule) and other emergency powers, is a complex and often debated issue in India’s federal structure.
Use of Article 356 (President’s Rule):
Other Emergency Powers:
Debates and Suggestions:
Overall, the Union government’s ability to regulate and coordinate the functioning of states through emergency powers is a critical aspect of India’s federal structure, but one that requires a delicate balance between national interests and state autonomy, with robust safeguards against potential misuse.
See lessRoadmap for Answer Writing 1. Introduction Definition of Article 356: Explain what Article 356 entails and its purpose in the Indian Constitution. Thesis Statement: State that the frequency of its invocation has decreased since the mid-1990s due to various legal and political factors. 2. ...
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 attributedRead more
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.
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.
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.
The Bommai case established guidelines outlining the appropriate circumstances for invoking Article 356, promoting a more restrained and deliberate approach to its application.
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.
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.
The rise of coalition governments has fostered collaborative governance, reducing the impulsive use of Article 356 and promoting political stability.
Increasing media scrutiny and informed public opinion act as deterrents against arbitrary use of Article 356, holding the government accountable and upholding democratic principles.
The growing influence of regional parties has created a balanced power dynamic, discouraging the central government from unnecessarily invoking Article 356.
India’s evolving political landscape has prioritized stability and governance over power struggles, fostering adherence to constitutional norms.
The desire to maintain a positive international image as a democratic nation has led Union governments to avoid unnecessary applications of Article 356.
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.
See lessExamine the Union-State government coordination and cooperation mechanisms, such as the National Development Council and the Inter-State Council. Talk about the difficulties in guaranteeing a smooth execution of policies.
The Indian Constitution has established various mechanisms to facilitate coordination and cooperation between the Union government and the State governments. These include institutions like the Inter-State Council and the National Development Council. Inter-State Council: The Inter-State Council isRead more
The Indian Constitution has established various mechanisms to facilitate coordination and cooperation between the Union government and the State governments. These include institutions like the Inter-State Council and the National Development Council.
Inter-State Council:
The Inter-State Council is a constitutional body established under Article 263 of the Constitution.
It is chaired by the Prime Minister and includes the Chief Ministers of all states and Union Territories, as well as several Union Cabinet Ministers.
The primary functions of the Inter-State Council are to:
Investigate and discuss subjects of common interest between the Union and the States or among the States.
Make recommendations for the better coordination of policy and action on such subjects.
Deliberate upon such other matters of general interest to the States as may be referred to it by the President.
National Development Council (NDC):
The National Development Council is a non-constitutional body that was established in 1952 to strengthen and mobilize the efforts and resources of the nation for the execution of development plans.
It is chaired by the Prime Minister and includes all Chief Ministers, Lt. Governors of Union Territories, members of the Planning Commission (now NITI Aayog), and several Union Cabinet Ministers.
The NDC serves as a forum for discussing issues of national importance, such as:
Finalizing the Five-Year Plans and their implementation.
Reviewing the working of the Plan programs, both in the public and private sectors.
Considering important questions of social and economic policy that affect the nationwide development.
Challenges in Ensuring Harmonious Implementation of Policies:
Political Differences: Divergent political ideologies and party affiliations between the Union government and the State governments can sometimes lead to conflicts and a lack of cooperation in the implementation of policies.
Financial Constraints: The distribution of financial resources and the sharing of revenues between the Union and the States can be a source of tension, affecting the harmonious implementation of policies.
Administrative Capacity: Differences in the administrative capacities and capabilities of the Union and State governments can hinder the effective coordination and implementation of policies.
Regional Disparities: The diverse socio-economic and geographical conditions across India can create challenges in designing and implementing policies that cater to the unique needs of different regions.
Lack of Clear Delineation of Roles: The overlapping jurisdictions and the ambiguity in the delineation of responsibilities between the Union and the States can sometimes lead to conflicts and a lack of clarity in policy implementation.
Despite these challenges, the mechanisms like the Inter-State Council and the National Development Council have played a crucial role in fostering cooperation and coordination between the Union and the State governments. Continuous efforts to strengthen these institutions, enhance the financial and administrative capacities of the States, and promote greater dialogue and consensus-building can help address the challenges and ensure the harmonious implementation of policies across India.
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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