Topic: Union-State functions, federal structure, devolution of powers and finances; separation of powers and dispute redressal mechanisms
Q1. Indian Constitution defines India to be a Union of States. But federalism is a part of the basic structure of the Constitution. Comment. Also discuss the challenges to this federal structure. (10 marks)
Model Structure
Introduction
- Federal structure of polity means decentralisation and division of power between the center and states. Federal system in India is a quasi-federal type with features of both federation and union.
Main Body
- Many important leaders in the Constituent Assembly called for a unitary structure due to challenges and social diversity prevailing at that time. But the federal structure of power distribution was opted to give voice to regional aspirations.
Federal features of Indian Constitution
- Dispersion of powers between the center and the unit states forming a federation among a number of coordinate bodies, controlled by constitution.
- Rigidity – neither the center nor the state has power to amend the provision of the constitution relating to separation of powers.
- A written constitution
- Domination of the constitution – neither of center or state have power to nullify the constitution
- An independent body and unprejudiced authority (Eg. Judiciary)
Challenges to the Indian Federal structure
- Centralised planning by organs like Planning Commission, National Development Council and other such organs make states dependent on the center for finance and at times arm twisting for getting such funds.
- Regionalism is acceptable to a certain limit when it helps in the progress of a region. But an extreme form of regionalism can manifest in demand of autonomy which can take violent forms and affect internal security.
- Single citizenship goes against the identity of a citizen as a member of a particular state and creates a rift in their mind sowing the seeds of discontent.
- The office of governor is vested with all executive powers of the state. Also, the imposition of constitutional emergency can be recommended by this office. There have been instances where this emergency was imposed unconstitutionally and was revoked on the orders of the Supreme court.
- Supremacy of the Constitution with centralised amending powers and states having almost nil voice in this exercise makes the structure more unitary and less federal.
- Indestructible union of destructible states means that the center can create new states but states do not have a right to secede from the Indian union.
Conclusion
Federalism is a part of the basic structure of the Constitution, and steps need to be taken to ensure that this is not violated. Due deliberations and taking all states on board is a way ahead before framing any law which has an impact on states as a whole.
Q2. Despite the constitutional division of powers, Centre-State disputes have been a perennial feature of Indian democracy. Discuss with examples. (10 marks)
Model Structure
Introduction:
- The Indian Constitution explicitly demarcates the powers between the Centre and States in terms of legislative, administrative and financial relations within Part XI under Articles 245-263 (Schedule 7 of Indian Constitution).
Main Body:
While the debate on federalism and the distribution of powers between the Centre and states in India date back to the formation of the Constitution, Centre-State disputes have been a perennial feature of Indian democracy. This can be discerned from the following:
Encroachment over the State subjects:
- The enactment of three farm laws was argued by some to be an encroachment upon the State List as ‘agriculture’ and its associated subsidiary enterprises and ‘markets’ are State List Subjects.
- Invocation of the Disaster Management Act, 2005 during the COVID-19 pandemic made the Central guidelines binding on States, even though 'public health’ is a State matter on which the Parliament cannot legislate.
- The Chhattisgarh government filed a suit against the Central government against the National Investigation Agency Act, 2008, on the ground that it encroaches upon States’ power to maintain law and order.
- Similarly, the Banking Regulation Act of 1949 has been amended to bring cooperative banks under RBI supervision.
Expansion of the Concurrent list:
- Through the 42nd Amendment Act of 1976, five subjects, education, forests, weights and measures, protection of wild animals and birds and administration of justice, were transferred from the State List to the Concurrent List.
Over-centralising tendencies by the Central government: There are disputes over the Centre passing legislation/adopting policies which affect the legal or Constitutional rights of the States. For instance:
- The Centre’s proposed amendments to the Indian Administrative Service (IAS) (Cadre) Rules of 1954 have triggered a conflict between the Centre and the States.
- Larger control is being provided to the Union government over the deputation of the IAS officers, and the power of the States to veto the Centre’s request for officers is being taken away.
- The Tamil Nadu government passed a Bill to provide an alternative to the NEET exam for medical entrance, as it considered the exam a violation of the rights given to the States to decide upon the methods of admission in higher education.
Conclusion
- Despite the presence of a clear-cut division of powers between the Centre and the States, such disputes continue to occur as the Seventh Schedule provides that in certain cases, the Centre can legislate over the subjects provided in the State list.
- Also, in the event of inconsistency over legislations enacted with regard to Concurrent List subjects, the Central laws prevail. However, the Indian Constitution also provides the Right to Constitutional Remedy under Articles 32 and 226 to the States, and they can also seek dispute resolution under Article 131.
PSIR Optional + Mentorship with Test Series
Comprehensive LIVE PSIR Optional Foundation Course for UPSC CSE By Neelam Bhatia
Q3. India’s asymmetrical federalism has contributed to maintaining national unity by addressing the needs of various vulnerable communities. Critically analyse. (10 marks)
Model Structure
Introduction
Asymmetrical federalism in India refers to the differentiated relationship that the central government has with different states or regions based on their unique needs and circumstances. (E.g. Article 371)
Main BodyRole of asymmetrical federalism in maintaining national unity
- Accommodation of Diversity: By making special provisions for certain regions, it caters to the unique socio-economic and political needs of these regions, thereby accommodating diversity.
- Addressing Historical Injustices: Special provisions like those for the North-Eastern states (Article 371A-J) acknowledge historical injustices and the unique political circumstances of these states, which fosters a sense of belonging and trust among these communities towards the Indian Union.
- Protecting Vulnerable Communities: Asymmetrical federalism protects the cultural and social rights of vulnerable communities. For example, the Sixth Schedule provides for autonomous districts in tribal areas, allowing them to govern themselves according to their customary laws.
- Preventing Secessionist Tendencies: By granting special autonomy and addressing specific issues, asymmetrical federalism has also played a role in managing and preventing secessionist tendencies in various parts of India.
Shortcomings of asymmetrical federalism
- Perpetuating Regional Imbalances: Critics argue that asymmetrical federalism can sometimes exacerbate regional imbalances, as certain regions receive more attention and resources than others.
- Encouraging Parochial Identities: The emphasis on local and regional identities might perpetuate parochial sentiments, impeding the cultivation of a pan-Indian identity.
- Manipulation for Political Gains: Special provisions can sometimes be manipulated for political gains. For instance, President's Rule has often been imposed in states based on arbitrary justifications, undermining federal principles.
- Uneven Implementation: The implementation of the provisions of asymmetrical federalism has often been uneven, leading to discontent among certain sections.
Conclusion
Asymmetrical federalism in India, in its essence, captures the ethos of unity in diversity. However, it is essential to ensure that these provisions are not misused for political gains and that their implementation is consistent and fair.
Q4. Funds, functions and functionaries are important hinges on which success of local governments rests. In this context, discuss the challenges involved in the functional aspect and suggest some remedies. (15 marks)
Model Structure
Introduction
- There is a lot of evidence to suggest that local government has been in existence in India since times immemorial but they were granted constitutional status by 73rd and 74th amendment acts making them third tier of India’s federal structure.
Main Body
- They were given constitutional status to bring in participatory democracy, inclusivity and democratic decentralisation. But due to more responsibility and less power, there are many challenges faced by them in terms of functions. Some of them are-
- Ineffective devolution because it is a state subject, which has affected uniformity pan India. Different states have provided different levels of devolution which has affected their functioning.
- Top-down approach rather than bottom up which is evident in the Smart Cities Mission and the Aspirational Districts Program. This underestimates the role of local governments and is against decentralisation.
- There are issues of the actual presence of these bodies in some areas. Like there is a lack of buildings, basic amenities, and electricity connection in the offices, which impacts the functioning.
- Some schemes like the Smart Cities Mission and MPLADs have led to the emergence of parallel government structures, which impact the independent decision-making of these local bodies.
- Corruption is a very big malaise which has impacted the availability of funds for proper functioning of these bodies.
- These challenges need to be overcome to ensure a bottom-up approach is implemented in letter and spirit. This can be overcome by-
- Fiscal federalism by adhering to the recommendations of the Finance Commission, because fiscal federalism is the key to functional autonomy.
- 2nd ARC called for principle of subsidiarity under which the central and state governments should perform only those tasks which can not be done by local governments.
- Proper and visible demarcation of functions must be ensured by activity mapping. This is done very well by Kerala and it has helped reap good results.
- Timely audits is another prerequisite which can be constituted by states so that integrity of financial information and compliance is ensured.
Conclusion
Local bodies in rural and urban areas are important for bottom up development and this makes it imperative to give them adequate devolution of funds, functions and functionaries so that they can achieve their full potential.
Q5. Lok Adalat as a dispute resolution structure is very significant for the current scenario. Discuss and also bring out some challenges faced by them. (15 marks)
Model Structure
Introduction
Lok Adalat is a method of alternative dispute redressal in which pending court cases at a pre-litigation stage are settled with the assent of the parties involved. They ensure that the idea of the preamble, which enshrines social, economic and political justice to every citizen of India, is fulfilled.
Main Body
- Part IV under Article 39A has a provision for free legal aid to weaker sections and also to ensure justice to all. As a result, the Legal Services Authorities Act, 1987 was enacted to give statutory status to Lok Adalats. Significance of Lok Adalat includes-
- Saving litigants and other stakeholders from lengthy and tedious court proceedings.
- Decreasing court backlogs and pendency by ensuring cases are disposed of quickly.
- It also ensures speedy justice, because it is available in local languages and at suitable places.
- The award made by a Lok Adalat is made binding upon reaching a compromise and is enforced as a decree of a civil court.
- Much more affordable because there is no court fee and any previous fee paid in the regular court is refunded.
- The award by Lok Adalats is sustainable because they are made on compromise and help ensure friendly relations between parties.
- During the proceedings, the Lok Adalat acts as a conciliator with the main objective of convincing the parties to agree for a solution.
- The Lok Adalats have been around for a long time but have not been able to achieve their objectives due to challenges like-
- The provision of quick sittings at short intervals involving the same judge is almost impossible, which affects continuity of the deliberations.
- The clause of consent-based decision-making adds to delays and makes the process time-consuming.
- Lok adalats also focus on modernisation thus neglecting indigenous practices and beliefs which prevents people from all areas to opt for it.
- Because they are held in open court, there is a lack of confidentiality which makes people skip this method if it involves some kind of embarrassment.
- Vacancies and financial constraints mean a lack of resources in Lok Adalats, resulting in inefficient dispensation of cases.
- Awareness is also an issue, and because the proceedings take place in regular court premises, some iota of formality still remains.
Conclusion
To ensure free legal aid which finds place in the directive principles is implemented properly, people need to be made aware and more Lok Adalats needs to be organised.
Previous Post