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SELF NOTES
AIM ASSIGNMENT W2 D1
1. Describe the constitutional provisions which reflect federal supremacy
and the reasons for including such provisions. Also, discuss the mechanism
to resolve federal disputes.
Indian Federalism is often described as “federal sui generis” reflecting its
nature and evolution. Indian Union can be defined as a unitary state with
subsidiary federal features rather than a federal state with subsidiary unitary
features.
This idea of federal supremacy has been reiterated by the Supreme Court in
various landmark judgments. For example, in State of West Bengal vs. Union
of India, 1963, the Supreme Court while acknowledging the federal nature of
the Indian Constitution also invoked the principle of federal supremacy.
CONSTITUTIONAL PROVISIONS THAT REFLECT THE FEDERAL SUPREMACY
AND THE REASONS FOR INCLUDING SUCH PROVISIONS
1. Articles 1, 2 and 3: States in India are not sovereign political entities. The
Union has all the powers to alter, diminish and expand the boundaries of
the States and change their names. Article 3 empowers Parliament to
reduce the area of any State, alter its boundaries and change its name even
if the state and its inhabitants oppose it. This was reiterated by the Supreme
Court in the State of West Bengal vs. the Union of India, in 1963.
Reason: India is not a federation, but rather a Union of States. To prevent
secessionist tendencies from becoming big, the control over the territorial
existence of States is given to the Centre.
2. Federal Supremacy in Legislative Jurisdiction: The legislative
jurisdiction organised under Articles 245 and 246 read with the
Seventh Schedule follows prima facie the principle of federal supremacy.
The legislative powers of the State Legislature under the State List (List II)
and Concurrent List (List III) are subject to the Parliament’s powers to
legislate under the Union List (List I) and Concurrent List (List III). This
means in case of conflict between the States and the Union over
inconsistent statutes, the Union shall prevail over the State.
Article 254(1) provides if any legislation enacted by the State Legislature
is repugnant to the legislation enacted by the Parliament, then the State
Legislation will be declared void.
3. Article 256 and 257: Article 256 provides that the executive power of
every State shall be so exercised as to ensure compliance with the laws made
by Parliament and the executive power of the Union shall extend to the
giving of such directions to a State as may appear to the Government of
India to be necessary for that purpose.
Article 257(1) gives the Union full control over the exercise of the
executive power of every State to ensure that it does not impede or prejudice
the exercise of the executive power of the Union.
4. Article 248: Article 248 provides the Union with the exclusive power to
legislate on residuary subjects like cyber security.
Reason: The reason or rationale for federal supremacy over legislative and
executive jurisdiction is to ensure uniformity of policy and action is
essential in the larger interest of the nation. Moreover, to prevent conflict
between federal units over laws and policies, federal supremacy is required.
5. Article 355: Article 355 provides that the Union shall have the duty of the
Union to protect every State against external aggression and internal
disturbance and to ensure that the Government of every State is carried
on in accordance with the provisions of this Constitution. Through this, the
Union is empowered to exercise executive control over the law
and order of a State which is primarily a State subject.
a. For example, in Ex-Armyment’s Protection Services Pvt. Ltd. vs. the
Union of India, the Supreme Court stated that it shall be the
prerogative of the Union to declare whether there is a need to utilize
Article 355 to protect the State in the interest of national security.
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Reason: Articles 355 and 356 ensure that the overall sovereignty and SELF NOTES
integrity of the States are completely protected and the States are protected
from external or internal aggression. For example, recently in Manipur,
Article 355 was utilized.
6. Centrally Sponsored Schemes: The Union under Article 282 has
launched several CSS schemes where it exercises control over State
machinery. For example, the constitutional validity of the MGNREGA was
upheld by the Supreme Court stating that the Union under Article 282 has
the power to make grants for any public purpose, notwithstanding their
jurisdiction.
Reason: CSSs allow the flow of funds and expertise from the Centre to the
States over topics that are under the jurisdiction of the States. This helps in
addressing the socio-economic inequalities between the various States in
terms of funds and resources.
7. Governor: The appointment of the Governor is explicitly available to the
Union. The Governor has extraordinary powers including discretionary
powers, but the States do not have any say in their appointments. There are
several instances where the Governors are seen to act as the agents of the
Union.
a. For example, under Art 200, the Governor of the State has the power to
reserve a Bill for consideration by the President. He is supposed to act
"as soon as possible after the presentation" of the Bill.
b. The President under Article 201 shall either assent to the Bill or
withhold his assent. There is no compulsion that the President should
"act as soon as possible after presentation" as is provided in Article 200
with the result the President may kill the Bill by not taking a decision
sometimes for the entire duration of the State Legislature.
Reason: The appointment of the Governor is to create a constitutional
bulwark at the state level to prevent any overreach of the States from
leading to the breakdown of constitutional machinery.
8. Article 312: Under Article 312, the Parliament has the exclusive right and
power to establish the All-India Services which is the machinery of the
States.
Reason: The broad objectives in setting up All India Services relate to
facilitating liaison between the Union and States, promoting uniform
standards of administration and helping the State administrative
machinery to obtain the best available talent.
9. Treaties: Articles 73 and 246(1), read in conjunction with the relevant
items on the Union List, give the Union Executive all the powers necessary
to negotiate, enter into, and ratify treaties.
a. Article 253 of the Constitution provides that notwithstanding any
distribution of legislative power under Article 246, the Parliament has
the power to enact legislation to give effect to treaties and international
agreements.
Reason: In a diverse country like India, international treaties and
agreements cannot be put at the state level as it might create discrepancies
in implementation. However, a form of para-diplomacy has been developed
where States that are associated with such treaties are made part of
negotiations.
THE MECHANISMS TO RESOLVE FEDERAL DISPUTES
1. In matters of concurrent or overlapping jurisdiction, a process of mutual
consultation and cooperation has been in place. Ordinarily, the
Union occupies only that much field of Concurrent Subjects on which
uniformity of policy and action is essential in the larger interest of the
nation leaving the rest for the State.
2. The provisions of Article 263 provide for ISC which is used as a forum
for discussions over important policy and executive matters.
3. The GST Council under 279A has proved to be an important forum to
discuss issues related to fiscal space which has allowed the States to assert
control.
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4. The Supreme Court has always acted as a bulwark against any SELF NOTES
encroachment by the Centre into States or States in the Centre's
jurisdiction. This can be seen in a plethora of cases where the Supreme
Court has upheld the principles of federalism.
5. Rajya Sabha is often seen as the federal chamber where States
have raised important issues when it comes to their federal
space. For example, a West Bengal MP raised the issue of CBI jurisdiction
in Rajya Sabha.
6. Zonal Council assists in encouraging cooperation and the settlement of
conflicts where there is interaction between States or between the Centre
and States in their particular areas or in a particular region.
7. Time Limit for the President: A period of six months prescribed in
Article 201 for State Legislature to act when the Bill is returned by the
President can be made applicable for the President also to decide on
assenting or withholding assent to a Bill reserved for the consideration of
the President.
8. Consultation Mechanism: A proper consultation mechanism should be
devised to help States get their interests noted while negotiations for a
treaty are being done. For example, during a recent visit by Sheikh Hasina,
PM Modi asked Mamta Bannerjee to have her say during negotiations.
9. Niti Aayog Governing Council: The Niti Aayog Governing Council,
despite not being a constitutional institution, stands central to the ethos of
resolving differences by inclusive debating policies and plans for the
development of the nation which mandates the principles of cooperative
federalism.
In Kesavananda Bharati vs. State of Kerala (1973), the Supreme Court held
that federalism is a part of the Basic Structure of the Constitution. Despite the
Union being more powerful in executive as well as legislative space, the
essence of Indian polity lies in the harmonious coexistence of federal units.
2. Discuss the key tension areas in centre-state relations. Also, mention the
Sarkaria and Punchhi Com mission’s recommendations in this regard.
The Constitution of India, being federal in structure, has a complex web of
legislative, financial, and administrative interactions, often experiencing
tensions due to overlapping jurisdictions and varying interests. This dynamic
has prompted the Sarkaria and Punchhi Commissions to propose several
recommendations to foster cooperative federalism and resolve conflicts.
KEY TENSION AREAS IN CENTRE-STATE RELATION:
1. Financial Relation: States often seek greater financial autonomy and a
fairer distribution of resources, including a larger share of tax revenues and
greater control over fiscal matters. For example, several states are claiming
that the Centre has not compensated them for loss of revenue
from GST.
2. Legislative Authority: Conflicts can arise when the central government
encroaches upon areas that fall within the domain of the state governments,
leading to disputes over legislative authority. The reduction in the State List
under the 42nd amendment to the Constitution, five subjects including
education and forests were transferred to the Concurrent List from the
State List, thereby restricting the power of the state.
3. Administrative Control: Disagreements can occur regarding the control
and authority over administrative matters, particularly in areas where both
the centre and states have a stake. The CBI alleged that it was not being
able to properly probe the complaints of land grabbing in West
Bengal as state officials were not cooperating
4. Role of Governor: The appointment and functioning of Governors can
sometimes lead to conflicts and political controversies, and often
considered to be politically motivated. The 2018 Karnataka Assembly
elections, where the Governor's decision to invite the party without
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majority to form the government despite the coalition having a majority led SELF NOTES
to allegations of bias and misuse of the Governor's office.
5. Political Differences: Political factors and ideological differences
between the ruling party at the centre and state governments controlled by
opposition parties can contribute to tensions in centre-state relations.
Disputes and conflicts may arise due to policy disagreements, political
rivalries, and clashes over the exercise of power.
6. Resource Allocation: Allocation of resources, including funds for
development projects and infrastructure, can be a contentious issue. States
often demand a greater share of resources and argue for more equitable
distribution based on their specific needs and developmental requirements.
7. Language Policy: The imposition of Hindi and the promotion of a single
language policy have led to regional tensions, especially in non-Hindi-
speaking states. The Anti-Hindi agitations in Tamil Nadu in the 1960s
and the more recent opposition to the Centre's push for Hindi in non-Hindi-
speaking states under the New Education Policy 2020.
Sarkaria Commission Recommendations
The Sarkaria Commission was established in 1983 to examine and review the
working of the existing arrangements between the Union and States. Some key
recommendations include:
1. Advocated for a strong centre but not centralisation of power. The
Commission did not favour structural changes and regarded the existing
constitutional arrangements and principles relating to the institutions as
being sound.
2. A permanent Inter-State Council called the Intergovernmental Council
should be set up under Article 263.
3. Article 356 (President’s Rule) should be used very sparingly, in extreme
cases as a last resort when all the available alternatives fail.
4. The residuary powers of taxation should continue to remain with the
Parliament, while the other residuary powers should be placed in the
Concurrent List.
5. The zonal councils should be constituted afresh and reactivated to
promote the spirit of federalism.
6. The procedure of consulting the chief minister in the appointment
of the state governor should be prescribed in the Constitution itself.
7. The governor’s term of five years in a state should not be disturbed
except for some extremely compelling reasons.
8. Steps should be taken to uniformly implement the three-language
formula in its true spirit.
PUNCHHI COMMISSION RECOMMENDATIONS
The Punchhi Commission was established in 2007 to look into the issues of
Centre-State relations in the context of changing dynamics. Key
recommendations include:
1. The Commission concluded that ‘cooperative federalism’ will be the key to
sustaining India’s unity, integrity and social and economic development in
future.
2. There should be a broad Agreement between the union and states
before introducing legislation in Parliament on matters in the Concurrent
List.
3. The Governor should be given a fixed tenure of five years and their
removal should not be at the sweet will of the government at the centre.
4. New All-India services in sectors like health, education, engineering and
judiciary should be created.
5. The Finance Commission division in the Ministry of Finance should be
converted into a full-fledged department, serving as the permanent
secretariat for the Finance Commission.
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These instances illustrate the practical applications and ongoing challenges in SELF NOTES
Centre-State relations, highlighting the importance of the recommendations by
the Sarkaria and Punchhi Commissions. These recommendations aimed to
ensure a more balanced and cooperative federal structure, enhancing the
autonomy and efficiency of State governments while maintaining national
unity.
3. In light of the constitutional provisions, discuss the financial relations
between the Centre-state. Highlight the various friction points in centre-
state relations concerning finance.
Fiscal Federalism refers to the division of responsibilities with regard to public
expenditure and taxation between the different levels of the Government. A
fiscal federalism mechanism allows the Government to optimize their costs on
economies of scale, because in this manner, people will get public service which
they prefer, and there will be no unnecessary expenditure. Articles 268 to
293 in Part XII of the Constitution deal with Centre-State Financial
Relations.
FINANCIAL RELATIONS BETWEEN CENTER AND STATES
1. Distribution of Taxes: The distribution of taxes is governed by Articles
268 to 293 of the Constitution. The Constitution empowers the Centre and
the States to levy taxes. The taxes are divided into three lists: The Union
List, the State List, and the Concurrent List like other legislative powers.
2. Grants-in-Aid: The Constitution allows the Centre to provide grants-in-
aid to the States. The grants-in-aid are provided for specific purposes such
as infrastructure development, poverty alleviation, and education. The
provisions related to grants-in-aid are defined in Articles 275 to 282 of the
Constitution. Article 275 empowers the Parliament to make grants to the
States which are in need of financial assistance while Article 282 empowers
the Centre and States to make any grants for any public purpose, beyond
their legislative competence.
3. Finance Commission: Under Article 280, the President is empowered to
appoint a FC, every 5 years, in order to recommend the distribution of funds
between the Centre and the States. The Finance Commission makes
recommendations on the sharing of taxes, grants-in-aid, and borrowing
powers between the Centre and the States.
4. Borrowings: Articles 292 and 293 provide for the borrowing powers of
the States and Unions to meet expenditure demands. Since all States in
need are in debt to the Centre, their borrowing powers are subject to
approval of the Centre.
5. Goods and Services Tax (GST): The Constitution provides for the
implementation of the Goods and Services Tax (GST), which replaced
multiple indirect taxes levied by the Centre and States. The GST Council is
responsible for implementing the GST and consists of representatives from
both the Centre and the States. The provisions related to the GST are
defined in Articles 246A and 279A of the Constitution.
6. Article 360: While the proclamation of financial emergency is in
operation, the Centre can give directions to the States regarding financial
propriety; reducing salaries and allowances; reserve money bills and
financial bills for the President’s consideration.
7. Bills: To protect the interest of States in the financial matters, the
Constitution lays down that the following bills can be introduced in the
Parliament only on the recommendation of the President:
a. A bill which imposes or varies any tax or duty in which states are
interested;
b. A bill which varies the meaning of the expression ‘agricultural income’
as defined for the purposes of the enactments relating to Indian income
tax;
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c. A bill which affects the principles on which moneys are or may be SELF NOTES
distributable to the States; and
d. A bill which imposes any surcharge on any specified tax or duty for the
purpose of the Centre.
VARIOUS FRICTION POINTS BETWEEN THE CENTRE AND STATES
1. Ability to Finance Expenditures: The ability of States to finance
current expenditures from their own revenues has declined from 69% in
1955-56 to less than 38% in 2019-20. While the expenditure of the States
has been shooting up, their revenues did not. They still spend 60% of the
expenditure in the country.
2. Article 293 and related Concerns: Since all States in India are in debt
of the Union, in one form or the other, States are unable to raise loans and
guarantees without the consent of the Union Government which often leads
to friction between the Centre and States.
3. Non-Divisible Pool: While the overall devolution has progressively
improved with subsequent Finance Commissions, the share of non-
divisible cesses and surcharges has also increased, straining the divisible
resources between the Centre and the States. For example, from 9.2% in
2012, the share of cesses and surcharges has increased to 15.7% in 2020.
4. Differential Rate of Interest: The States are forced to pay differential
interest, about 10% against 7%, by the Union for market borrowings.
5. CSS: Through plethora of Centrally Sponsored Schemes, the overall
autonomy of the States over the expenditure is being curbed. There are
almost 131 CSS, which form the highest portion of grants given by the
Centre to the States. While States’ are the executing authorities, the power
of decision in such schemes lie with the Centre.
6. GST and Compensation: With GST, the States lost their inherent powers
to levy indirect taxes, and gave the Union power to decide and do so through
the GST Council. However, there are several States especially, the
manufacturing led-States which have lost due to GST. The mechanism of
GST compensation which was provided to compensate for such States was
also fraught with issues.
In absence of proper fiscal federalism mechanism, the States which are over
dependent on the Centre find little merit in improving their fiscal prudence
which can lead to fiscal profligacy. This often leads to overburdening of
resources, rise in debt-to-GDP ratio and other related issues. Therefore, the
following measures may be undertaken to strengthen the fiscal relations
between the Centre and States in India:
1. The GST Council should be utilized to discuss matters of concerns related
to federal space.
2. The overall revenue powers of the States can be beefed up while ensuring
that the expenditure limits remain under control as provided under the
FRBM Act, 2003.
3. The States may be empowered to raise funds outside the territory of India.
4. The overall share of cesses and surcharges must be brought back to less
than 10% of the total divisible pool.
5. The Finance Commission may be empowered to recommend the overall
grants to be made by the Centre including under Article 282. More powers
may be given to the Finance Commission under GST.
6. The “principle of subsidiarity” as recommended by 15th Finance
Commission may be applied where the implementation and financial
independence may be devolved to the level of Government most suitable for
the task. For example, the PRIs and ULBs may be given more power and
responsibilities under SBM.
The strengthening of overall fiscal federalism leads to erosion of regional
inequalities while progressively reducing the inequality among the masses.
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4. Critically analyse the Inter-State Council’s role in cooperative federalism SELF NOTES
in India. Also, highlight the challenges faced in working for the Inter-State
Council.
Article 263 provides for the establishment of an Inter-State Council (ISC) “if at
any time it appears to the President that the public interests would be served
by the establishment of such council”. This was done in 1990 when the ISC was
given permanent status by a presidential order on recommendations of the
Sarkaria Commission. The Council has been established with the Prime
Minister as the Chairman.
ROLE OF INTER-STATE COUNCIL IN PROMOTING COOPERATIVE
FEDERALISM
VERTICAL COOPERATION (CENTRE-STATE)
1. Cooperative Federalism: ISC provides a strong institutional
framework to promote and support cooperative federalism by providing
recommendations for better policy coordination.
2. Dispute Resolution: ISC provides a strong platform for discussion and
resolution of disputes between States and the Centre over policies,
administrative decisions, etc.
3. Issues Discussion: ISC deliberates on issues where the Centre and
States have common interests.
a. For e.g., ISC in 2001 took a decision to establish a National
Commission to Review the Working of the Constitution
(NCRWC) which was subsequently established under the
Chairmanship of Justice M.N. Venkatachaliah in 2001.
4. Implementation of Commission Recommendations: The ISC plays
a crucial role in deliberating and implementing recommendations of the
Sarkaria and Punchhi Commission to strengthen federalism and
improve Centre-State relations.
5. Advisory Role in Policy Formulation and Execution: For e.g., ISC
makes recommendations on issues such as Centre-State financial
relations, sharing of resources, planning and development, and
administrative reforms. These recommendations have the potential to
shape policies.
6. Regional Imbalances: ISC can address regional imbalances by
focusing on the development of backward regions and underserved
areas. Through consultations and policy recommendations, the council can
encourage states to collaborate in uplifting economically weaker regions
and promoting inclusive growth.
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HORIZONTAL COOPERATION (STATE-STATE) SELF NOTES
1. Inter-State Water Dispute: For e.g., in the Cauvery River Water
Dispute, ISC provided a platform for Karnataka, Tamil Nadu, and Kerala
to discuss issues, and requirements in sharing arrangements and come up
with an amicable solution.
2. Policy Coordination: For e.g., ISC’s 2022 meeting discussed the
cooperation between various backward districts under the
Aspirational District Programme which required coordination
between States.
3. Sharing of Best Practices: ISC provides a platform for states to share
their best practices, successful policies, and innovative initiatives. For e.g.,
in the recent ISC meeting, Ryutu Bandhu was discussed as a model for
supporting agricultural investment by farmers.
4. Information Sharing: For e.g., to reduce cross-border crimes and the
movement of criminals from one State to another, an integrated digital
information-sharing platform can be established as a wing under ISC.
5. Promoting Participation of Regional Parties: ISC provides a
platform for regional parties to take participation in policy formulation,
implementation, and monitoring.
6. Collaborative Projects: ISC may identify areas of collaboration and
cooperation among states in sectors such as infrastructure development,
agriculture, tourism, etc.
ISSUES WITH ISC
1. According to the 1990 Presidential Order, ISC was mandated to meet at
least thrice every year, but to date, only 11 meetings have been held.
2. Despite several issues between the Centre and States like the NEET
issue, Agnipath Scheme, and the deepening tussle between States and
Governors, no ISC meeting was called to discuss such contentious
issues.
3. In 2020, Justice AP Shah mentioned that ISC has become obsolete and
redundant which is a violation of the spirit of Article 263 of the
Constitution.
4. The terms of reference of ISC are restricted to only a few issues
that restrict its scope.
5. Unlike the GST Council, there is no innovative voting pattern which
makes it difficult to arrive at decisions.
WAY FORWARD
1. There should be regular meetings of the Council without gaps. For e.g.,
there was a gap of 11 years between the 10th and 11th meetings of ISC.
2. The Council’s term of reference should be wide embracing the entire scope
of clauses (b) and (c) of Article 263. For e.g., the 11th ISC meeting in 2016
was given the task to discuss Aadhaar, DBT, Quality of Education in
States, and Internal Security.
3. Without an independent permanent secretariat, the Council will not be
able to establish its integrity, therefore an independent Council must be
provided to ISC.
4. In addition to a Chairman, there should be a Vice-Chairman of the Council
who shall be Chief Minister of the State with a rotating term of 1 year.
5. What is the purpose and role of Zonal Councils in India, and how do they
contribute to inter-state cooperation and coordination? Also, discuss their
impact on addressing regional issues and promoting federalism in India.
In India, there are several bodies and institutions that impact and strengthen
State-State as well as Centre-State relations, thereby characterising India’s
federal structure. In addition to bodies like ISC, NITI Aayog, IRWDC, etc.,
Zonal Councils are one of the important institutions, which have played a
significant role in shaping India’s federal polity.
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PURPOSE AND ROLE OF ZONAL COUNCILS SELF NOTES
1. The Zonal Councils were formed under the State Reorganisation Act,
1956 to act as a forum for the States to discuss and deliberate upon issues
that came up between the States.
2. The Zonal Councils also acted as a countermeasure against the
linguistic hostilities and bitterness as a result of the reorganisation of
the States on “linguistic” patterns.
3. The Zonal Councils provide an excellent forum where irritants between
Centre and States and States can be resolved through free and
frank discussions and consultations.
4. The Zonal Councils also differed in content and character from other
bodies like National Development Council, Inter State Council, etc. as they
were regional fora of cooperative endeavour for States linked
with each other economically, politically and culturally. Being
compact high level bodies, specially meant for looking after the interests of
respective zones, they were capable of focusing attention on specific
issues taking into account regional factors.
5. The Zonal Councils were essentially advisory in nature and may
discuss any matter in which some or all of the States represented in that
Council, or the Union and one or more of the States represented in that
Council, have a common interest and advise the Central Government and
the Government of each State concerned as to the action to be taken on any
such matter.
IMPACT ON ADDRESSING REGIONAL ISSUES AND PROMOTING
FEDERALISM
ADDRESSING REGIONAL ISSUES
1. Bills and Legislative Forums: The Zonal Councils have also been
involved in important legislative interventions through inputs. For
example, the Zonal Councils have given inputs on working of the Right to
Information Act, 2005, NDMA Act, 2005, etc. MGNREGA Act has
incorporated several amendments based on discussions in the Zonal
Councils.
2. Policing Initiatives: The Zonal Councils have played an important role
in helping inter State policing efforts, information sharing, etc. which is
crucial for social harmony. For example, discussions for containing
maoists activities in tri-junction areas of Tamil Nadu, Kerala and
Karnataka.
3. Decisions: Recently, the Zonal Councils have emerged more decisive than
recommendatory and discussions there are turning into executive
decisions. For example, in the 31st meeting of Zonal Council in Amritsar,
the decision to set the value of Kodo and Kutki crops at par with the
minimum support price (MSP) of Ragi was implemented by the
Chhattisgarh Government. Similarly, the Northern Zonal Council’s decision
to implement “Digital India '' Mission in J&K post 370 was approved by the
Cabinet.
4. Infrastructural Bottlenecks: The Zonal Councils have played a vital
role in securing forest and wildlife clearances for various initiatives as well
as advancing land acquisition processes, thereby, expediting
infrastructure procedures. For example, after deliberations in the
Eastern Zonal Council in 2020, 2022, the Bihar Government transferred
lands for Hajipur-Sugauli Railway which had been stalled since 2016.
5. Inter-State Disputes: Recently, the Home Minister marked these
councils have shifted from being merely advisory bodies to becoming
proactive platforms for action in solving the inter-State disputes like water
disputes, border disputes, etc. For example, the Home Minister
acknowledged that Zonal Councils can play a vital role in resolution of inter-
state water disputes.
6. Issues of Common Interests: The Zonal Councils allow the States to
take up matters of common interests to the Union and extract favourable
decisions. For example, the efforts by the Central Zonal Council resulted in
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a remarkable 50% surge in paddy yield and a 53% rise in wheat yield in SELF NOTES
Madhya Pradesh.
PROMOTING FEDERALISM
1. Unity and Cooperation: The Zonal Councils have also helped in
arresting the growth of acute State consciousness, regionalism, linguism,
and particularistic tendencies.
2. Central Sector Schemes and Centrally Sponsored Schemes: The
Zonal Councils have allowed smoother implementation of CSS
projects, which are often seen as an encroachment of the Centre on States.
This is because all issues and concerns are dealt with through discussions.
For example, recently in every Zonal Council, steps to increase housing
stocks in the country under the GoI policy “Housing for All-2022” were
discussed.
3. Initiatives: The Zonal Councils have taken initiatives on important and
crucial areas like internal security, coastal security, mega city policing, jail
reforms, communal harmony, etc. which have direct implications on the
lives of citizens and promote cooperative federalism.
4. Financial Inclusion: Financial inclusion and economic empowerment in
border and remote areas have witnessed significant progress through the
expansion of bank branches and India Post Payments Banks (IPPB) touch
points, with Zonal Councils playing a pivotal role. In this way, they help
in solidifying the trust of people in the State.
5. Participation of Experts: In recent times, the number of experts and
dignitaries participating in Zonal Councils have increased which has
allowed them to have expert opinions and suggestions on issues and
allowed them to deal with specific and technical issues, often appointed
by the Union.
6. Distribution of Resources: The Zonal Councils also help in the
distribution of resources and thus ensure proper developmental processes
in various regions. For example, the Central Zonal Council has contributed
towards the deliberation on the policies relating to the mining of coal
that affects the states of Chhattisgarh and Madhya Pradesh.
The Zonal Council is an important forum of cooperative federalism to resolve
issues between the Centre and the States. It believes in providing solutions
through consensus, which is in line with the constitutional spirit.
AIM – 2025 POLITY
WEEK 2 DAY 2 ASSIGNMENT QUESTIONS GUIDELINES
1. Compare the First Past the Post (FPTP) and Proportional Representation (PR) electoral
systems. Explain the advantages and disadvantages of each in the Indian context.
Approach for Question 1
Define and compare the First Past the Post (FPTP) and Proportional Representation (PR)
electoral systems. Discuss the advantages of FPTP, like simplicity and stable governments,
and its disadvantages, such as disproportionality. For PR, mention fair representation and
coalition governments as pros and cons. Analyze their relevance and impact in the Indian
context. (Source-Indian Constitution at Work)
2. Compare the powers of Lok Sabha and Rajya Sabha. Discuss the rationale for the creation
of the Rajya Sabha.
Approach for Question 2
Compare the powers of the Lok Sabha and Rajya Sabha, highlighting legislative, financial,
and executive functions. Discuss the Lok Sabha's dominance in financial matters and the
Rajya Sabha's role in representing states. Explain the rationale for creating the Rajya Sabha,
focusing on federal balance and providing a revising chamber for legislation. (Source-
Laxmikant)
3. The office of the Speaker occupies a pivotal position in our parliamentary democracy. In
this context discuss the role of the speaker in the house. Why is the office under criticism in
recent years?
Approach for Question 3
Discuss the pivotal role of the Speaker in maintaining order, managing debates, and
ensuring parliamentary procedures. Highlight their impartiality, authority in decision-
making, and protection of members' rights. Address recent criticisms, focusing on alleged
partisanship, decisions on disqualification, and conduct during contentious issues,
questioning their impartiality and neutrality. (Source- Laxmikant)
4. Analyze how essential parliamentary privileges are to the smooth functioning of the House.
Citing instances of its misuse, argue your case for its codification.
Approach for Question 4
Explain the importance of parliamentary privileges in ensuring members' independence,
protecting freedom of speech, and maintaining the House's authority. Cite instances of
misuse, such as shielding members from legal action and abusing immunity. Argue for
codification to provide clear guidelines, prevent abuse, and balance privileges with
accountability. (Source- Internet)
5. Parliament's oversight of the government is essential for ensuring accountability to Indians
and enhancing lawmaking. Highlight the obstacles in this regard. Also, suggest measures to
improve Parliamentary oversight.
Approach for Question 5
Discuss the importance of Parliament's oversight by highlighting obstacles like party
politics, limited time, lack of expertise, and inadequate information. Suggest measures to
improve oversight, such as strengthening committees, increasing research support, ensuring
transparency, and fostering non-partisan approaches. (Source- Internet)
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