Roadmap for Answer Writing
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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, it leans towards a strong Centre, which can undermine the essence of true federalism.
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Body
- Features Favoring a Strong Centre
- Division of Powers: Explain how powers are divided among the Centre and States through the Union List, State List, and Concurrent List (Article 246). Emphasize that in case of conflict, Central laws prevail (Article 254).
- Fact: The Union List includes subjects like defense and atomic energy, where only the Centre can legislate (Source: Constitution of India).
- Emergency Powers: Discuss the extensive powers given to the Centre during emergencies (Articles 352, 356, 360), allowing it to legislate on State List subjects.
- Fact: President’s Rule can be imposed, transferring state powers to the Centre, often criticized for misuse (Source: Supreme Court judgments).
- All-India Services: Describe the establishment of All-India Services (Article 312), which allows the Centre to maintain control over state administrations.
- Fact: Members of these services are recruited by the Centre but serve in various States, leading to uniformity and control (Source: Public Administration Review).
- Role of the Governor: Explain the Governor’s role, appointed by the Centre, and how discretionary powers can favor central interests.
- Fact: Governors can reserve bills for the President’s assent, impacting state legislative autonomy (Source: Indian Political Science Association).
- Financial Relations: Analyze the financial control the Centre holds over States, which can limit state autonomy (Articles 268-293).
- Fact: A significant portion of revenue sources falls under the Union List, affecting the bargaining power of States (Source: Finance Commission Reports).
- Division of Powers: Explain how powers are divided among the Centre and States through the Union List, State List, and Concurrent List (Article 246). Emphasize that in case of conflict, Central laws prevail (Article 254).
- Counterpoint: Cooperative Federalism
- Briefly mention the existence of cooperative federalism, where the Centre and States work together (e.g., GST Council).
- Fact: The GST Council includes representatives from both the Centre and States, promoting collaborative decision-making (Source: GST Act).
- Briefly mention the existence of cooperative federalism, where the Centre and States work together (e.g., GST Council).
- Features Favoring a Strong Centre
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Conclusion
- Summarize the arguments, reiterating that the Indian Constitution’s federal structure, while significant, leans towards a strong Centre.
- Emphasize the need for a balance that respects state autonomy while ensuring national integrity.
Relevant Facts for the Answer
- Article 246: Defines the division of powers between the Centre and States through three lists.
- Article 254: States that in case of conflict, Central law prevails in subjects of the Concurrent List.
- Emergency Provisions: Articles 352, 356, 360 detail the Centre’s powers during emergencies.
- Article 312: Establishes All-India Services, allowing the Centre to recruit and control state administration.
- Role of Governors: Governors can reserve bills for presidential assent, influencing state legislation.
- Financial Control: Articles 268-293 outline the Centre’s financial powers, affecting state revenue.
- GST Council: A constitutional body promoting cooperative federalism, with representatives from both the Centre and States.
Federalism in the Indian Constitution
Federal Principle and Strong Centre The Indian Constitution enshrines federalism as a basic feature, emphasizing a distribution of powers between the Centre and the States. However, it also exhibits a significant tilt towards a strong Centre, which impacts the nature of federalism in India. This central dominance is evident in various constitutional provisions and practices.
Central Authority Over State Powers Several constitutional features reinforce the Centre’s supremacy:
Recent Examples and Central Influence
Conclusion While the Indian Constitution establishes a federal framework, the substantial powers vested in the Centre reflect a model of asymmetric federalism, where the Centre’s authority often overshadows the states’ autonomy. This central dominance influences the overall balance of federalism in India, highlighting a complex interplay between federal principles and central authority.
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.