VAJIRAM & RAVI

VAJIRAM & RAVI

Institute for IAS Examination

SURE SHOT MAINS TEST SERIES 2026

TEST - 2 (BATCH - 9)

Test Code - VR2092202

Model Answers
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Note:
The words marked in bold are the key words/phrases, which if included in the answer can help the students
to fetch more marks.

Q1. T
 he framework of Indian federalism emphasises on collaboration and cooperative engagement rather
than rigid division of powers. Justify using examples.

Why this question

In Syllabus: GS 2 Syllabus Topic: Functions and responsibilities of the Union and the States, issues and
challenges pertaining to the federal structure.
Mains PYQ: Though the federal principle is dominant in our Constitution and that principle is one of its basic
features, but it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre, a
feature that militates against the concept of strong federalism. Discuss (2014)
In News: From Uniformity to Unity: Rethinking the Federal Compact (The Wire)

Approach:
Understanding and structuring the answer: The student needs to examine why & how the Indian framework of
federalism aims for Centre-State collaboration and cooperative engagement by giving instance. Then briefly add
new trends in federalism

Introduction: Begin by providing the definition of cooperative federalism. The definition is the basic framework
for the collaborative and cooperative framework.

Body:
Heading 1: Indian federalism emphasising on collaboration and cooperative engagement
Heading 2: Instance of collaboration and cooperative engagement
Heading 3: Evolving Trend in Federalism

Conclusion: Conclude by suggesting a few points as to how to increase the collaboration and cooperative
engagement between Centre and State. You can point out the benefits of cooperative federalism as well.

Answer:
Cooperative federalism is a model of intergovernmental relations that recognises the overlapping functions of the
national and state governments. The Indian model of federalism is predominantly ‘cooperative’, as laid down by
the Supreme Court in the State of Rajasthan v. Union of India case (1977).

Indian federalism emphasising on collaboration and cooperative engagement

1. Legal Framework:
a. Article 1 emphasizes that Union and the states are inseparable and are constitutionally obliged to
cooperate with each other.
b. Article 263 establishes an Inter-state council for better coordination between centre and state.
c. Zonal Councils, set up under the States Reorganisation Act, 1956, provide a platform for resolving
regional issues through consensus.
d. The 73rd and 74th Constitutional Amendments aim to promote collaboration and cooperative
engagement by establishing a three-tiered system of Panchayati Raj (rural local governments) and
Municipalities (urban local governments).
2. Division of power: The subject matters in the Concurrent list in Schedule 7 where both state and union
can make laws.
3. Amending Constitution: Art 368, affirms the collaborative engagement of States and Union by requiring
concurrence of half of the states to amend the federal provisions of the Constitution.
4. Decentralisation of power: Cooperative federalism asserts that governmental power is not concentrated at
any governmental level or in any agency. Instead, the national and state governments share power.
a. Example: N  iti Aayog’s Governing Council comprises Chief Ministers of states and Administrators
or Lieutenant Governors of Union Territories.

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Instance of collaboration and cooperative engagement
1. Fiscal cooperation: The introduction of the GST in 2017 through deliberation among the Centre and
States brought economic reforms, leading to faster and more efficient economic outcomes.
2. Regional Development: Schemes like Aspirational Districts Programme rely on Centre–State
coordination rather than central imposition.
3. Social empowernmnet: Cooperation and Collaboration through Centrally Sponsored Schemes like
MGNREGA, led to better resource utilisation.
4. Good Governance: Collaboration among state for good governance with NITI Aayog empasizing on
“Team India” has enhanced the quality of policy-making and implementation.
5. Contemporary Challenges: The current urgencies, such as the COVID-19 pandemic highlighted
cooperation and collaboration between states as key, to managing emerging challenges.
6. Stability of the nation: In a multi-diverse country like India even after 75 years of Independence,
cooperative federalism has ensured that the stability of the nation and regional integrity.

Evolving Trend in Federalism

In recent years, Indian federalism has evolved from a primarily cooperative model to include elements of
competitive federalism, where States are encouraged to compete in attracting investment, improving governance,
and enhancing service delivery.
1. Ease of Doing Business Rankings: States are ranked by the Department for Promotion of Industry and
Internal Trade (DPIIT), encouraging regulatory reforms and attracting investments.
2. Performance-Based Incentives: Schemes like PM Gati Shakti and Swachh Survekshan reward States
for efficiency, infrastructure, and sanitation outcomes.
3. State Startup Ranking Framework: NITI Aayog and DPIIT evaluate States on startup ecosystem
support, fostering innovation and policy experimentation.
4. Sectoral Indices and Benchmarking: Tools like the Performance Grading Index (PGI) in education and
State Energy Efficiency Index promote inter-State competition in service delivery.

As B.R. Ambedkar rightly observed, “The Constitution is a quasi- federal Constitution in as much as it establishes
what may be called a dual polity,” but one that is flexible enough to ensure cooperation over confrontation.

Value addition
Factors hindering collaboration and cooperative engagement
1. Over-centralisation: The Centre enjoys more power than the states, and the most important subjects of
the country are listed in the Union List. This often results in conflicts of interest between the Centre and
states, as the Centre imposes rules and regulations that many states find discriminatory.
a. Example: Article 356 related to the imposition of the President’s Rule in a state which is frequently
prone to misuse by the Centre.
2. Limitations of Inter-State Council: While Article 263 allows the Inter-State Council to make recom-
mendations, it does not empower it to enforce or implement them.
3. Fiscal federalism: The major challenge is the unequal distribution of financial resources between the
Centre and the states.
a. Example: South Indian states are experiencing a decline in tax devolution, raising concerns about
fiscal federalism.
4. Role of the Governor: Currently, there has been growing concern over the increasing politicisation of
the Governor’s office in Opposition-ruled States.
a. Example: The recent Tamil Nadu Governor’s prolonged refusal to give his assent to 10 Bills
passed by the Assembly.
5. Regionalism: A strong feeling of regionalism makes it difficult for the government to ensure cooperation
because regionalism may give rise to secessionist forces, which threaten the very existence and identity
of the country.
6. Uniform approach: The Centre, while framing policies, fails to take into account the heterogeneity of
India. The one-size-fits-all approach doesn’t work in a diverse country like India.

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Q2. The growing influence of the PMO challenges the principle of collective responsibility enshrined in the
Constitution. Examine.

Why this question

In Syllabus: GS 2 Syllabus Topic: Functions and responsibilities of the Union.
Mains PYQ: The size of the cabinet should be as big as governmental work justifies and as big as the
Prime Minister can manage as a team. How far is the efficacy of a government then inversely related to the
size of the cabinet? Discuss. (2014)
In News: Prime Minister’s Office through the Years’ puts a blurred lens on top office (The Tribune)

Approach:
Understanding and structuring the answer: The students need to explain how the dominant influence of the
Prime Minister’s Office can affect the principle of collective responsibility, while also giving its counter perspective
of how inherent safeguards protects collective responsibility.

Introduction: Begin with defining principle of collective responsibility, relevant article and recent trend of PMO
and its functioning.
Body:
Heading 1: PMO challenging the principle of collective responsibility
Heading 2: PMO does not challenge the principle of collective responsibility

Conclusion: Conclude by stressing on importance of collective responsibility and PMO functioning as an enabler
rather than a challenger.

Answer:
The Indian Constitution under Article 75(3) enshrines the principle of collective responsibility, making the
Council of Ministers accountable as a whole to the Lok Sabha. This ensures that decisions are made jointly, and
all ministers stand or fall together. However, the increasing concentration of power in the Prime Minister’s Office
(PMO) has raised concerns about whether this principle is being diluted in practice.

PMO challenging the principle of collective responsibility

1. Power concentration: PMO concentrates powers under a single office, thereby ignoring other ministries,
which is against the principle of collective responsibility envisaged in the Constitution under Article 75.
a. Example: It was alleged that the Prime Minister’s Office did “parallel negotiations” for the
Rafale fighter jet deal, according to a 2015 internal note accessed by The Hindu.
2. Marginalisation of Ministers: The centralisation of power in the Prime Minister’s office can lead to a
diminished role for individual MPs and parliamentary committees, potentially weakening the legislative
oversight function.
3. Technocratic Governance: The PMO is staffed with bureaucrats and advisors who are not directly
accountable to Parliament, weakening the political chain of accountability fundamental to collective
responsibility.
4. Erosion of Cabinet System: Cabinet committees, which once facilitated participatory governance, have
seen reduced importance as key decisions are increasingly centralised.
a. Example: The role of Cabinet secretary has been undermined over the years with the real power
shifting to the principal secretary to the Prime Minister.
5. Limiting debate & deliberation: Large influence of the PMO jeopardises the culture of debate and
deliberation, thus introducing an authoritarian style of decision-making.

PMO does not challenge the principle of collective responsibility

1. Cabinet Endorsement Still Required: Constitutionally, even if the PMO initiates decisions, they must
be ratified by the Council of Ministers or Parliament, maintaining a formal structure of accountability.
2. Accountability remains intact: The Council of Ministers as a whole is answerable to the Lok Sabha. If
the government loses confidence, the entire Cabinet, not just the PM or PMO, must resign, reaffirming the
collective nature of responsibility.
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3. The PM is primus inter pares (first among equals): The Prime Minister, as head of the government, is
expected to provide leadership. The PMO helps the Prime Minister in formulating policies and programmes
by providing expert advice and analysis.
a. Example: Between 1991 and 1996, the Prime Minister’s Office played a crucial role in reshaping
economic policies in response to the balance of payments crisis of 1991. The PMO acted
as the fulcrum to coordinate the efforts of line ministries.
4. Efficiency and responsiveness: In an increasingly complex governance environment, the PMO enhances
inter-ministerial coordination, enabling timely responses without necessarily weakening democratic
accountability.
a. Example: In the COVID-19 pandemic, when general meetings were prohibited, PMO took the
centre stage in effective decision-making.
5. PMO facilitates, not dictates: The PM Office serves as the central agency for monitoring and reviewing key
programmes and projects of the Government of India, as well as projects identified by State Governments.
a. Example: PRAGATI platform launched by PMO.
6. National Security: PMO has played a very important role in the national security framework of India.

While the PMO has become more powerful and visible in recent decades, its role is consistent with the evolving
demands of executive leadership in a parliamentary democracy. As long as constitutional norms are upheld and
Cabinet processes respected, the principle of collective responsibility remains intact, with the PMO functioning as
an enabler rather than a challenger.

Value Addition
Important Judgments Related to Collective Responsibility
1. Common Cause v Union of India case: The Supreme Court held that the principle of collective respon-
sibility has two meanings.
a. First, that all the members of a government are unanimous in support of the policy.
b. Second, the ministers are responsible for the success and failures of the policies.
2. S.P. Anand v H.D. Deve Gowda case: The court held that the principle of collective responsibility
means all the ministers are collectively responsible for every decision taken, whether their assent is
present or not.
a. It means their decisions must have unanimity and confidentiality.
b. This is a great weapon in the hands of the Prime Minister through which he maintains unity and
discipline in his cabinet.

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Q3. Analyse how the misuse of Article 356 by Union undermines the autonomy of states and demeans the
constitutional stature of the President.

Why this question

In Syllabus: GS 2 Syllabus Topic: Functions and responsibilities of the Union and the States, issues and challenges
pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein.
Mains PYQ: Account for the legal and political factors responsible for the reduced frequency of using Article 356
by the Union Governments since mid-1990s. (2023)

Approach:
Understanding and structuring the answer: The student needs to analyse how the unnecessary use of Article
356 affects the autonomy of states, that is, how it affects their administrative and Constitutional powers. Also
analyse how misuse of Article 356 hamers the image of President.

Introduction: Begin by providing the Constitutional framework of Article 356. Also add the recent use of
Article 356.

Body:
Heading 1: Misuse of Article 356 undermining the autonomy of states
Heading 2: Misuse of Article 356 demeaning the Constitutional stature of the President
Heading 3: Instances and Constitutional constitution safeguards against misuse of Article 356

Conclusion: You can conclude with a quote saying how use of Art 356 must be invoked sparingly and only as a
last resort.

Answer
Article 356 of the Indian Constitution, also known as President’s Rule, empowers the President to dismiss a state
government and assume control when the state’s constitutional machinery fails. Recently, Article 356 has been
imposed in the state of Manipur.

Misuse of Article 356 undermining the autonomy of states

1. Administration: Through direct control of the state’s administrative machinery and functions, Article 356
effectively suspends the state government and its powers, thereby reducing the state’s ability to govern
and make independent decisions.
a. Example: U  nder President’s Rule, Uttarakhand’s Budget was passed by the Lok Sabha in 2016.
2. Political Weaponisation: Article 356 has often been misused by the ruling party at the centre to dismiss
the state governments of opposing parties. Thus, it undermines the federal structure and state autonomy.
a. Example: The S.R. Bommai government (karnataka) was dismissed in 1989, under Article 356 of
the Constitution, and President’s Rule was imposed in what was then a mostly common
mode to keep Opposition parties at bay.
3. Erosion of Democratic Mandate: By suspending the elected state government and dissolving the
legislative assembly when the President is “satisfied” that the state’s Constitutional machinery has failed.
a. Example:The imposition of Article 356 between 1966 and 1977 by the Central government has
proved to erode the democratic mandate.
b. In 1988 the Sarkaria Commission found that at least a third of all Article 356 impositions were
politically motivated
4. Violation of Federalism: The imposition of President’s Rule has been seen as a violation of the principle of
federalism, which is the foundation of India’s political structure.
a. Example: By centralising power at the national level, Article 356 undermines the autonomy of
state governments.

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Misuse of Article 356 demeaning the Constitutional stature of the President
1. Compromising Impartiality: The President is expected to act impartially. However, when Article 356 is
misused, the President often acts on the advice of the ruling party at the centre, giving the impression of
being a political agent rather than an impartial head of state.
2. Erosion of Trust: public trust in the office of the President diminishes when the President’s actions appear
to be driven by political considerations rather than constitutional imperatives.
3. R
 educed Moral Authority: Although the President is expected to act on the advice of the Council of Ministers
(Article 74), misuse of Article 356 reduces the office to a rubber stamp, despite its discretionary appearance.
4. Judicial rebuke: In Sunderlal Patwa v. Union of India, the court quased President rule in Madhya Pradesh
as it did not align with circumstances relevant for invoking Article 356. The verdict reinforced that misuse
diminishes the President’s constitutional dignity.

Instances and constitutional safeguards against misuse of Article 356

1. Cabinet Advice: The Constitution itself provides that the President should act on the aid and advice of
the Union Council of Ministers (Article 74) and on report of Governor. Thus the criticism of misuse and
demeaning of stature of President is often misplaced.
2. Judicial Safeguards: The S.R. Bommai case (1994) placed strict limitations on the arbitrary use of Article
356, including requirement of objective material, ensuring floor test in cases of majority disputes etc which
greatly reduced misuse.
3. Presidential Discretion: In 1997, President K.R. Narayanan returned to the cabinet its recommendation
to impose direct central rule in Uttar Pradesh.
4. Integrity of Governors: Former governor of Tamil Nadu, Surjit Singh Barnala, in 1990-91, refused to
send a report to the Centre recommending imposition of President’s Rule in the State under Article 356(1) of
the Constitution, as dictated by the Centre.

While Article 356 is often criticised for its historical misuse, it remains a constitutionally sanctioned tool to address
genuine crises of governance in States. However, its past abuse highlights the need for continued vigilance and
adherence to constitutional morality. As B.R. Ambedkar rightly cautioned, it must be invoked sparingly and only
as a last resort.

Q4. Lok Adalats are an essential pillar of alternative dispute resolution (ADR) in India.Elucidate.

Why this question

In Syllabus: GS 2 Syllabus Topic: Separation of powers between various organs dispute redressal mechanisms
and institutions.
Mains PYQ: Explain and distinguish between Lok Adalats and Arbitration Tribunals. Whether they entertain civil
as well as criminal cases? (2024)
In News: NALSA highlighted that over 7 crore 70 lakh cases were resolved through 3 National Lok Adalats (NLA)
organized by NALSA in 2024.

Approach:
Understanding and structuring the answer: The student needs to explain how the Lok Adalats are the essential
pillars of alternate dispute resolution by giving examples.

Introduction: Begin by providing the definition of Alternative Dispute Resolution (ADR) and Lok Adalats.

Body:
Heading 1: Lok Adalats as an essential pillar of alternative dispute resolution (ADR)
Heading 2: Concerns associated with Lok Adalats
Heading 3: Way ahead

Conclusion: Conclude by saying how Lok Adalat play key role in ensuring accessible, equitable, and speedy
justice and fulfillment of Article 39A.

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Answer:
Alternative Dispute Resolution (ADR) mechanisms aim to reduce the burden on courts, offer speedy justice, and
promote amicable settlements. Among them, Lok Adalats, established under the Legal Services Authorities Act,
1987, have emerged as a vital tool in ensuring accessible and affordable justice in India.

Lok Adalats as an essential pillar of alternative dispute resolution (ADR)

1. Cost-Effectiveness: Lok Adalat operations maintain minimal costs compared to conventional litigation
procedures and their related legal fee expenditures.
a. Example: There is no court fee payable when a matter is filed in a Lok Adalat.
2. Faster Resolution: One of Lok Adalat’s key advantages is the speed at which disputes are resolved.
a. Example: While a typical court case can take years, disputes in Lok Adalat are generally resolved in
hours or days.
3. Reduced Court Backlog: The judicial system receives relief by significantly reducing pending cases at
Lok Adalats.
a. Example: O
 ver 75 lakh pending and pre-litigation cases, many of them part of the huge backlog
created by the COVID-19 pandemic, were settled across the country in the third National
Lok Adalat.
4. Accessible Justice: Through Lok Adalat, all members, including financially disadvantaged people, have
equal access to justice despite their inability to pursue cases at regular courts.
5. Promoting Amicable Settlements: The nature of Lok Adalat fosters peaceful and consensual solutions,
encouraging cooperation over confrontation. This helps preserve relationships between parties, especially in
family or community disputes.
6. Prevents delay in settlement: The award by the Lok Adalat is binding on the parties, and it has the status
of a decree of a Civil Court, and it is non-appealable (except in certain situations), which prevents delay in
the settlement of disputes.

Concerns associated with Lok Adalats

1. Limited Jurisdiction: National Lok Adalat is not for every kind of case, particularly those calling for
intricate legal interpretations or involving heinous criminal offences.
2. Enforcement Challenges: While Lok Adalat decisions are legally binding, enforcement can be a challenge.
a. Example: Some parties might not fully comply with the settlements if they feel they’re being pushed
into an agreement against their will as these proceedings do not carry harsh consequences.
This might lead to decline in trust in lok adalats.
3. Infrastructure: Lok Adalats lack adequate infrastructure, such as court halls, residential quarters for
judicial officers, lawyers’ halls, toilet complexes and digital computer rooms.
a. Example: The Lok Adalats are organised on a non-working day of the Courts so that the Court’s
existing infrastructure can be used for periodic Lok Adalats.
4. Lack of trained Staff: Lack of trained staff, including mediators and legal aid lawyers, is a significant issue
in many Lok Adalats in India.
a. Example: It leads to reduced quality of mediation and challenges in ensuring equitable access to
justice, especially in rural areas.
5. Awareness Challenges: Despite its advantages, many people are unaware that the Lok Adalats even exist or
are resistant to approaching them.
6. Potential for Lack of Legal Accuracy and Fairness: The primary goal of Lok Adalat is to resolve disputes
through compromise, which can sometimes overshadow the pursuit of legal accuracy or fairness in a case.

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Way ahead
1. Enhance Legal Literacy: The Law Commission of India (129th Report) recommended aggressive
legal literacy campaigns to promote awareness of ADR mechanisms, especially Lok Adalats, in rural and
underprivileged regions.
2. Institutionalising Pre-litigation ADR: The Justice Malimath Committee (2003) advocated for mandatory
pre-litigation ADR, wherever possible, to reduce the judicial backlog and make Lok Adalats a first-stop
remedy.
3. Enhancing Digital Infrastructure: The NITI Aayog’s “Strategy for New India @75” document called
for the scaling up of e-Lok Adalats and online ADR platforms to enhance access in remote areas, especially
in the post-COVID era.
4. Capacity Building: The National Legal Services Authority (NALSA) has stressed the need for capacity
building through structured training for conciliators and mediators to ensure fairness and quality in dispute
resolution..
5. Institutional Strengthening: Improve infrastructure, funding, and staffing of State Legal Services
Authorities (SLSAs) to organise frequent and efficient Lok Adalats.
6. Data Monitoring and Evaluation: Create a centralised database to monitor performance, identify
bottlenecks, and ensure accountability across different States and jurisdictions.

Lok Adalats play a vital role in promoting accessible, speedy, and cost-effective justice, especially for marginalized
communities. As a key pillar of alternative dispute resolution in India, they uphold the spirit of Article 39A by
ensuring accessible, equitable, and speedy justice.

Q5. How does the doctrine of separation of powers shape the institutional integrity of democratic governance
in India? Illustrate with examples.

Why this question

In Syllabus: GS2 Syllabus Topic : Separation of Powers (between different organs, dispute redressal mechanisms,
institutions);
Mains PYQ - Judicial Legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian
Constitution. In this context justify the filing of a large number of public interest petitions praying for issuing
guidelines to executive authorities. (2020)
In News: Power of judicial review does not undermine doctrine of separation of powers: SC (Economic Times)

Approach:
Understanding and structuring the answer : Students should define separation of power and explain why it is
necessary for safeguarding freedom and institutional integrity of democratic governance. In the body part, justify
how doctrine of separation of power, shapes the institutional integrity of democratic governance in India. Conclude
by emphasizing how flexible separation of power preserves democratic values in the country.

Introduction : Define separation of power and establish key differences between the Indian method of separation
of power with the British and US .

Body:
Heading 1: Doctrine of Separation of Power : Shapes the institutional integrity of democratic governance in India.

Conclusion: Summarize by emphasizing that indian method of flexible separation of power, ensures that no
institution dominates, thus preserving democratic value.

Answer :
The doctrine of the separation of powers principle ensures that the roles of different branches, like the legislature,
the executive, and the judiciary, are clearly defined, preventing any one entity from gaining unchecked power. As
articulated by Montesquieu in “The Spirit of the Laws,” the separation of powers is crucial for safeguarding
freedom, as it ensures that “there can be no liberty where the legislative and executive powers are united in the
same person.” .
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Doctrine of Separation of Power : Shapes the institutional integrity of democratic governance in India :
In India, the Separation of Powers is not explicitly stated in the Constitution as it is in the U.S. Instead, India
follows a flexible system inspired by British principles, with overlapping functions and checks and balances
among the legislature, executive, and judiciary.

1. Oversight and scrutiny : By ensuring a clear division among the Legislature, Executive, and Judiciary,
the doctrine prevents the concentration of power. Each organ acts as a check on the others, upholding
accountability and preventing authoritarianism.
a. Example : The President of India decides on who is to be appointed as a judge of the Supreme Court
or High Court.
b. Example : E  xecutive has the power to prosecute judges for offences under the Prevention of
Corruption Act (K Veeraswami case 1991).
2. Encourages responsible governance : Separation of power encourages each branch to act responsibly,
knowing that their actions will be subject to review by the other branches such as legislature enacting laws
with oversight on executive ensures transparent governance and policy responsiveness.
a. Example : Parliament’s standing committees regularly scrutinize the functioning of ministries and
policies, enhancing executive accountability.
3. Promotes Institutional Autonomy : Each institution performs its constitutional duties without undue
interference from the others. This autonomy boosts credibility, especially of the judiciary and election
commission, fostering public trust.
4. Safeguards against tyranny : Separation of power protects individual rights by preventing any one branch
from dominating the others and imposing its will arbitrarily.
a. Example : C  ourts have often placed a check on arbitrary executive actions. For example, in
Rameshwar Prasad case (2006), the Supreme Court held that proclamation of President
rule was subject to judicial review and relevant material must exist to justify the issue of
Proclamation.
5. Prevents institutional overreach : In India, the executive often tries to bypass Parliament using ordinances
or classifying bills as “money bills” to avoid debate in the Rajya Sabha. The judiciary has stepped in to check
such overreach.
a. Example: I n DC Wadhwa v. State of Bihar (1987), the Supreme Court ruled that re-promulgation of
ordinances without legislative approval was unconstitutional. This restored the legislative
process and upheld procedural integrity.
6. Fosters trust in institutions : By ensuring that power is distributed evenly and that each branch is accountable
to the others, separation of power fosters trust in institutions and promotes democratic governance.
a. Example 1 : The power of impeachment of judges lies with the Parliament under article 124.
b. Example 2 : The President of India decides on who is to be appointed as a judge of Supreme Court
7. Essential for democratic governance : Separation of power is essential for democratic governance, as it
ensures that power is not concentrated in one branch or institution.
a. Example 1 : The executive is accountable to Parliament and can be dismissed by a vote of no
confidence.
b. Example 2 : E  xecutive has the power to prosecute judges for offences under the Prevention of
Corruption Act (K Veeraswami case 1991).
8. Encourages Specialisation and Efficiency : Allocation of distinct functions (lawmaking, execution, and
adjudication) enables each organ to focus on its core competencies. It prevents overlapping jurisdictions,
ensuring clarity and efficient governance.
9. Upholds Constitutional Morality and Institutional Decorum : The doctrine fosters respect for constitu-
tional limits, reinforcing ethical governance and mutual respect among institutions.
a. Example: The SC in Indira Nehru Gandhi v. Raj Narain (1975) struck down a constitutional
amendment that sought to shield the PM’s election from judicial scrutiny preserving
electoral fairness.

Though India follows a functional not rigid separation of power, this flexible framework ensures that
no institution dominates, thus preserving democratic values. Through judicial independence, legislative
scrutiny, and executive action within constitutional limits, the system remains resilient and responsive.

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Q6. While Panchayats have constitutional legitimacy, their capacity to drive grassroots transformation
remains uneven. Discuss the reforms needed to strengthen PRIs as agents of rural development and
democratic deepening.

Why this question

In Syllabus: GS2 Syllabus Topic : Functions & responsibilities of the Union and the States; issues and challenges
of federal structure; Devolution of powers and finances to local levels; challenges therein.
Mains PYQ - Assess the importance of the Panchayat system in India as a part of local government. Apart from
government grants, what sources the Panchayats can look out for financing developmental projects. (2018)
In News : In a push for data driven governance, the Department of Panchayati Raj has come up with the first ever
Panchayat Advancement Index (PAI), to identify gaps and frame evidence-based policies. (PIB)

Approach:
Understanding and structuring the answer : Begin by writing constitutional provisions regarding panchayats
and some data related to representatives in these bodies. In the body part, write limitations of Panchayats’ capacity
to drive even and effective grassroots transformation, then mention reforms needed to strengthen Panchayati Raj
Institutions (PRIs). Conclude by emphasizing the need of empowering PRIs to nurture democratic values.

Introduction : In introduction briefly mention constitutional provisions regarding panchayats and some data
related to representatives in these bodies.

Body:
Heading 1 : Limitations of Panchayats’ capacity to drive even and effective grassroots transformation
Heading 2 : Reforms needed to strengthen Panchayati Raj Institutions (PRIs).

Conclusion: Summarize by emphasizing that empowering communities to shape their futures through PRIs ,
nurture democratic values.

Answer :
The 73rd Amendment 1992 added a new Part IX to the constitution titled “The Panchayats” covering provisions
from Article 243 to 243(O) and a new Eleventh Schedule covering 29 subjects within the functions of the
Panchayats, to implement the article 40 of the DPSP which says that “State shall take steps to organise village
panchayats and endow them with such powers and authority as may be necessary to enable them to function as
units of self-government”.

Limitations of Panchayats’ capacity to drive even and effective grassroots transformation :

Despite legal legitimacy, Panchayat’s transformative potential remains inconsistently realized across states due to
structural, financial, and functional limitations.

1. Incomplete Devolution of Powers : Many states have not fully devolved the 29 functions listed in the
Eleventh Schedule. Panchayats often act as implementing agencies, not autonomous planning institutions.
a. Example : A report in 2022 by the Ministry of Panchayati Raj showed that less than 20% of
States have devolved all 29 subjects listed in the Eleventh Schedule of the Constitution.
2. Financial Dependence : Heavy reliance on state and central grants with limited power to raise local revenue.
Irregular and delayed fund flows restrict development planning and execution.
a. Example : D irect transfers to panchayats increased, but there has been a significant reduction in
untied grants.
Direct Transfer to panchayats Untied grants
Thirteenth Finance Commission(2010 - 15) ₹1.45 lakh crore 85%
Fifteenth Finance Commission (2021-26) ₹2.36 lakh crore 60%

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3. Capacity and Infrastructural Constraints : Many elected representatives lack training, technical
knowledge, and awareness of roles. Limited administrative support, especially at Gram Panchayat level,
hampers functioning.
a. Example : P  anchayats in many states lack basic infrastructure - Only 7 states and UTs have 100%
pucca buildings panchayat offices, while Arunachal Pradesh and Odisha have only 5%
and 12% pucca buildings respectively - Panchayat Devolution Index for 2024.
4. Bureaucratic Dominance : Excessive control by state bureaucracy dilutes Panchayats’ autonomy. Village-
level functionaries often report to state officials, not Panchayat heads.
5. Social Inequities and Elite Capture : Dominance by local elites undermines inclusive decision-making.
Women, SCs, STs, though politically represented, often face tokenism and marginalisation.
6. Weakening role of Gram Sabhas : Reimagination of the welfare state in India, has increased reliance by
political parties on cash transfers, using the Jan Dhan-Aadhaar-Mobile (JAM) platform, reducing the role of
gram panchayats as intermediaries for beneficiary selection.
a. Example : The Pradhan Mantri Kisan Samman Nidhi (PM-KISAN) scheme, which disburses
₹6,000 annually to farmers, operates through direct transfers without the active
involvement of panchayati raj institutions.
7. Political Interference : State-level politicians (MLAs/MPs) often interfere in Panchayat decisions.
Panchayats lack institutional safeguards to protect against such encroachments.
8. Monitoring and Accountability Deficits : Lack of robust social audit mechanisms and performance
tracking systems. Irregular audits and weak grievance redressal dilute public accountability.

Reforms needed to strengthen Panchayati Raj Institutions (PRIs) :

1. Complete Devolution of Powers and Functions : Ensure transfer of all 29 subjects under the 11th Schedule
to PRIs along with clear activity mapping for planning and implementation.
a. Example : F unctional Autonomy - Grant Panchayats the authority to plan, implement, and monitor
local development projects without interference from higher levels of government.
2. Financial Empowerment : Empower Panchayats to levy and collect local taxes such as property taxes, user
fees for local services to increase their financial independence.
a. Example : C  reate a Panchayat Development Fund that is separate from state or central funds,
meant for locally initiated and managed projects.
3. Capacity Building and Training : Provide regular training to elected representatives and staff; strengthen
administrative and technical support at the grassroots.
a. Example : I ncrease digital literacy among Panchayat members to effectively use e-Governance
tools like e-GramSwaraj and GIS-based platforms for local governance and planning.
4. Strengthening Gram Sabhas and Community Participation : Ensure active, inclusive participation in
Gram Sabhas; use them for local decision-making, social audits, and accountability.
a. Example : P  ublic Participation Tools - Promote the use of social audits, community scorecards,
and citizen feedback mechanisms to enhance transparency and accountability.
5. Reducing Bureaucratic Control : Limit interference from officials, define clear roles for elected
representatives and functionaries; promote true decentralization.
6. Promote Inclusiveness : Strengthen participation of women, SC/ST, and marginalized groups through
leadership training and inclusive planning.
a. Example : Gender-sensitive Planning - Encourage Panchayats to adopt gender-sensitive approaches
in planning and implementing development schemes, ensuring that women’s needs are
adequately addressed.
7. Enhance Monitoring & Accountability : Institutionalize social audits, improve grievance redressal, and
adopt performance-based monitoring tools.
a. Example 1 : R  egular Social Audits - Institutionalize social audits at the Panchayat level to
ensure that funds are being used effectively and that schemes are being implemented
transparently.
b. Example 2 : G  rievance Redressal Mechanisms - Setup accessible, transparent grievance redressal
mechanisms to address local complaints and ensure citizens’ issues are resolved in a
timely manner.

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8. Strengthening the Role of Panchayats in Planning and Implementation : Shift from top-down planning
to bottom-up planning where Panchayats play a central role in needs assessment, priority setting, and plan-
ning for rural development.
a. Example : C  reate or strengthen district planning committees with adequate representation from
Panchayats, ensuring that local priorities are well represented in district and state plans.
9. Leveraging Technology for Good Governance : Expand the use of e-Governance platforms like
e-GramSwaraj to facilitate transparency, effective service delivery, and citizen engagement.
a. Example : U  se Geographic Information System (GIS) and remote sensing technologies for better
local planning, resource management, and infrastructure development.

India’s rural Panchayats, as the nation enters its 76th year as a democratic republic, embody the promise of
deliberative democracy. By empowering communities to shape their futures, these citizen‑centered institutions
nurture democratic values. Strengthening them and fostering active citizenship ensures every person can pursue
aspirations in a truly participatory republic.

Q7. Established as an antidote to regional hostility, the Zonal Councils have evolved into a vital mechanism
for promoting cooperative federalism. Examine the statement.

Why this question

In Syllabus: GS2 Syllabus Topic: Functions & responsibilities of the Union and the States; issues and challenges
of federal structure;
Mains PYQ - What changes has the Union Government recently introduced in the domain of Centre-State
relations? Suggest measures to be adopted to build the trust between the Centre and the States and for strengthening
federalism. (2024)
In News : Union Home Minister chaired the 27th meeting of the Western Zonal Council in Pune (PIB)

Approach:
Understanding and structuring the answer: Begin by providing background information about the formation
of zonal councils. In the body part, address why zonal councils are a vital mechanism for promoting cooperative
federalism. Then write the limitations of Zonal Councils. Conclude by suggesting some reforms to strengthen
zonal councils to fulfil its intended objectives.

Introduction: Students can introduce by providing background information about the formation of zonal councils
like the idea was mooted by the first Prime Minister Jawaharlal Nehru in 1956.

Body:
Heading 1: Zonal Councils, vital for promoting cooperative federalism.
Heading 2: Limitations of Zonal Councils
Heading 3: Way Ahead

Conclusion: Summarise by highlighting some reforms to strengthen zonal councils to fulfil their intended
objectives.

Answer :
Pandit Nehru proposed Zonal Councils in 1956 to promote cooperative federalism, counter linguistic hostilities,
and resolve inter-state issues post state reorganisation. Established under the States Reorganisation Act, 1956, they
serve as high-level advisory bodies for fostering Centre-State coordination and balanced regional development.

Zonal Councils in India: There are 6 zonal councils in India and they are the statutory bodies.
1. The States Reorganisation Act, 1956, divided the country into five zones- Northern, Central, Eastern,
Western and Southern and provided a zonal council for each zone.
2. In addition to the above-mentioned Zonal Councils, a North-Eastern Council was created by a separate Act
of Parliament, the North-Eastern Council Act of 1971. Its members include - Assam, Manipur, Mizoram,
Arunachal Pradesh, Nagaland, Meghalaya, Tripura and Sikkim.

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Zonal Councils- Vital for promoting cooperative
federalism:
1. Platform for Inter-State Dialogue: Zonal
Councils provide a structured forum for states
within a zone to discuss and resolve common
regional issues like water disputes, boundary
concerns, and infrastructure development,
thereby enhancing mutual understanding and
cooperation.
a. Example: From 2004 to 2014, only 25
meetings were held, whereas
from 2014 to February 2025,
despite the challenges posed
by the Covid-19 pandemic,
a total of 61 meetings took
place, an increase of 140%.
2. Strengthening Centre-State Coordination
: By involving both central and state officials,
the councils help align regional policies with
national priorities, promoting policy coherence
and effective implementation of centrally
sponsored schemes.
a. Example : While 469 topics were discussed between 2004 and 2014, the number rose to 1,541 from
2014 to February 2025, reflecting a 170% surge. In terms of issue resolution, only 448
cases were settled in the earlier decade, compared to 1,280 in the last ten years.
3. Facilitating Regional Development: They encourage coordinated efforts among states for balanced socio-
economic development, especially in areas like transport, education, health, and industries, thus reducing
regional disparities.
4. Promoting Peace and Security : Zonal Councils collaborate on internal security, crime control, and intelli-
gence sharing across states, enhancing collective security and law enforcement.
5. Encouraging Democratic Decentralization : By promoting dialogue over confrontation, Zonal Councils
embody the spirit of cooperative federalism, where all units of the federation have a say in decision-making
through consensus and mutual respect.

Limitations of Zonal Councils :

1. Non-Binding Nature of Recommendations : The decisions or suggestions made in Zonal Council meetings
are advisory and not legally enforceable, reducing their effectiveness in resolving serious disputes.
2. Irregular Meetings and Low Frequency : Councils often do not meet regularly, and when they do,
attendance by key stakeholders such as Chief Ministers is inconsistent, diluting the forum’s impact.
3. Overlapping Jurisdictions with Other Bodies : Other intergovernmental bodies like NITI Aayog or Inter-
State Council sometimes overshadow the role of Zonal Councils, creating functional redundancies.
4. Lack of Financial and Administrative Autonomy : The Councils operate under limited budgetary and
administrative support from the Ministry of Home Affairs, restricting their ability to conduct in-depth studies
or follow-up action.
5. Limited Public Visibility and Accountability : Low media coverage and lack of public awareness about
Council decisions limit pressure for implementation and reduce transparency.
6. Inadequate Focus on Emerging Issues : Many Councils focus on legacy concerns rather than addressing
dynamic, emerging challenges such as climate change, migration, or digital governance.

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Way Ahead
1. Regularisation of Meetings and Follow-up Mechanisms: The Punchhi Commission (2010) recommended
that Zonal Councils meet at least twice a year with a robust follow-up mechanism for implementation of
decisions, ensuring continuity and effectiveness of inter-state dialogue.
2. Empowering Inter-State Council Secretariat (ISCS): The Punchhi Commission also advocated strength-
ening the ISCS as a permanent constitutional body to coordinate with Zonal Councils and maintain a central
repository of inter-state issues and resolutions.
3. Harmonising Roles with Other Federal Institutions: Coordination between Zonal Councils, NITI Aayog,
and Inter-State Council was advised in the Second ARC (Administrative Reforms Commission) Report
on State-Centre Relations, to prevent duplication and improve policy coherence.
4. Make Recommendations Time-bound and Actionable: Zonal Councils should evolve a practice of assign-
ing clear responsibility and timelines to decisions, ensuring accountability in execution

Zonal Councils have significantly contributed to nurturing cooperative federalism by fostering dialogue and
regional cooperation. However, to enhance their relevance, regular meetings, enforceable decisions, and
greater autonomy are essential. Strengthening their institutional capacity and aligning them with contemporary
governance challenges will ensure they remain vital pillars of federal harmony.

Q8. In the absence of explicit constitutional limitations, how has the Indian judiciary defined the scope and
limits of legislative delegation? Explain with the help of case laws.

Why this question

In Syllabus: GS2 Syllabus Topic : Separation of Powers (between different organs, dispute redressal mechanisms,
institutions).
Mains PYQ - From the resolution of contentious issues regarding distribution of legislative powers by the courts,
‘Principle of Federal Supremacy’ and ‘Harmonious Construction’ have emerged. Explain. (2019)
In News: Hamdard Dawakhana v/s UOI: Shaping Delegated Legislation in India (Legal services)

Approach:
Understanding and structuring the answer : Briefly mention lack of delegation provisions in constitution but
scope and limits defined by courts.

Introduction: Here mention how Indian courts allow ancillary delegation for technical details but prohibit
delegation of core legislative policy-making or the essential legislative functions. In the body part, explain what is
delegated legislation, various instruments of delegated legislation. Then explain limits and scope set by the Indian
judiciary on legislative delegation. Conclude by highlighting how courts have balanced delegated legislation with
need for administrative flexibility and democratic accountability.

Body:
Heading 1: Delegated Legislation
Heading 2: Instruments of delegated legislation
Heading 3 : Limits and Scope set by Indian judiciary on legislative delegation

Conclusion: Summarize by emphasizing how courts have balanced delegated legislation with need for
administrative flexibility and democratic accountability.

Answer :
While delegation of legislative power is a practical necessity in a complex governance framework, it raises
concerns over accountability and democratic legitimacy. In India, the absence of specific constitutional limits has
led the judiciary to develop doctrines that prevent arbitrary or excessive delegation, ensuring the legislature does
not abdicate its essential function.
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Delegated Legislation :
1. Parliament routinely delegates certain functions to authorities established by law since every aspect cannot
be dealt with directly by the law makers themselves.
2. This delegation of powers is noted in statutes, which are commonly referred to as delegated legislations.
3. The delegated legislation would specify operational details, giving power to those executing the details.
Instruments of delegated legislation:
1. Rules : Detailed directions issued by the government under an Act to operationalize its provisions. They
ensure smooth implementation of the parent law and are legally binding.
2. Regulations : Framed by statutory or autonomous bodies to govern specific sectors. They provide internal
procedures and enforce standards, especially in finance, education, and health sectors.
3. Bye-laws : Made by local authorities to regulate municipal or civic matters. They apply within specific
jurisdictions and address issues like sanitation, traffic, and building control.
4. Orders : Issued by government authorities to address specific situations or enforce laws. They often relate
to emergency actions, price controls, or public safety measures.
5. Notifications : Official announcements published in the gazette to inform the public about legal provisions,
appointments, or enforcement dates under an Act.
6. Circulars and Guidelines : Issued for administrative clarity or procedural guidance. Though not laws, they
influence implementation and interpretation by departments, regulators, or subordinate authorities.

Limits and Scope set by Indian judiciary on legislative delegation :

1. Doctrine of Essential Functions: Core legislative functions cannot be delegated.
a. Example 1 : DS Grewal vs State of Punjab : Regarding the delegation of legislative power, the
Court reaffirmed that Parliament possesses the inherent authority to delegate certain
legislative functions to the executive, provided that essential legislative policies and
standards are established by Parliament itself.
b. Example 2 : In re Delhi Laws Act, 1951 : Parliament can delegate powers, but it must lay down
the essential legislative policy. Delegation of legislative functions is valid only if the
delegate is not given unlimited discretion.
2. No Excessive Delegation: Excessive delegation refers to a situation where the delegation of law-making
power goes beyond what is considered reasonable and necessary .
a. Example : Vasu Dev Singh v. Union of India, 2006 : Administrators in a representative democracy
must act strictly within the Act’s scope, respecting its basic structure and essential policy.
Delegated powers cannot transfer core legislative authority, repeal key provisions,
or strip the Rent Act of its fundamental purpose and beneficent intent.
3. Delegated legislation is ultra vires the constitution: In certain cases, the parent act may be constitutional,
but the delegated legislation made under it may violate the constitution.
a. Example : I f the delegated legislation infringes on fundamental rights or contravenes other
constitutional provisions, it can be struck down by the courts.
4. Judicial Review: Courts can strike down ultra vires delegated legislation.
a. Example : Hamdard Dawakhana v Union of India (1959) case : SC struck down delegation of
powers on the grounds that it was vague. It held that the Centre’s power of specifying
diseases and conditions under Drug and Magic Remedies (Objectionable Advertisements)
Act 1954 is ‘uncanalised’, ‘uncontrolled’, and going beyond the permissible
boundaries of valid delegation.
5. Doctrine of Guidelines: Parent Act must provide clear guidance.
a. Example : Ajoy Kumar Banerjee v. Union of India, 1984 : The court while interpreting the General
Insurance Business Act , held that the unlimited right of delegation is not inherent in the
legislature itself. Delegation of power is unconstitutional if the parent statute lacks clear
policy or guidelines.

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In order to strengthen Parliamentary control over delegated legislation, Parliament has constituted a committee
on subordinate legislation. It has made the following main recommendations:
● The legislative policy must be formulated by the legislature and details may be left to the executive to supply.
● There should not be an inordinate delay in making of rules by the administration and should be made
within six months from the date of commencement of the Parent Act.
● Rules should not go beyond the rulemaking power conferred by the Parent Act.
● The language in which the rules are written should be simple and clear and all ambiguities are strictly to be
avoided.
● The power of judicial review should not be taken away or curtailed by rules.

In the absence of explicit constitutional restraints, the Indian judiciary has carefully balanced the need for
administrative flexibility with democratic accountability by prohibiting delegation of essential functions while
permitting conditional and guided delegation.

Q9. The post-GST fiscal architecture has disproportionately centralised India’s revenue system while
weakening States’ financial autonomy. Critically examine this statement in light of recent demands by
States for a higher share of central taxes.

Why this question

In Syllabus: GS 2 Syllabus Topic: Issues and Challenges Pertaining to the Federal Structure, Devolution of Powers
Mains PYQ: How have the recommendations of the 14th Finance Commission of India enabled the States to
improve their fiscal position?
In News: GST brought ‘happiness and relief’ to every home: Finance ministry (HT)

Approach:
Understanding and structuring the answer: Students need to introduce the answer by stating the structural shift
GST brought to India’s fiscal federalism, then contrast its intent with the perceived outcome. The answer then must
highlight the post GST centralisation and federalism with relevant examples. Suggest a way ahead and conclude
by highlighting policy insight that reinforces the need for balanced fiscal federalism

Introduction: State the structural shift GST brought to India’s fiscal federalism, then contrast its intent with the
perceived outcome.

Body:
Heading 1: Post-GST Centralisation and Weakening of State’s Financial Autonomy
Heading 2: Safeguarding states financial health post GST reforms
Heading 3: Way Ahead

Conclusion: End with policy insight that reinforces the need for balanced fiscal federalism.

Answer
The introduction of the Goods and Services Tax (GST) in 2017 fundamentally restructured India’s fiscal federal
framework. While the objective was to create a unified and efficient indirect tax system, many states argue that
GST has led to a concentration of fiscal authority with the Centre, thereby reducing their taxation autonomy
and triggering fresh demands for an increased share in central taxes.
More than 22 of 28 states have asked the 16th Finance Commission to raise their share of the divisible tax pool
from the current 41% to 50%.

Post-GST Centralisation and Weakening of State’s Financial Autonomy

1. Erosion of States’ Taxation Powers: States surrendered the right to levy key indirect taxes like VAT, entry
tax, octroi, and entertainment tax.
a. Example: RBI’s 2021 State Finances Report noted, “The revenue uncertainty post-GST has
impacted state-level capital spending and fiscal planning.
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2. Increased Revenue dependence: States like Tamil Nadu and Gujarat which generated over 70% of
their revenue from state-specific taxes, post-GST Centralisation face increased dependency on central
government for tax shortfalls.
3. Lack of decision making Power: States cannot legislate new taxes on goods/services without Council
approval, eroding their fiscal sovereignty.
a. Example: Kerala’s proposal for higher sin taxes on alcohol was overruled by the Council
4. Growth of Cesses and Surcharges: Unlike basic taxes, these levies are earmarked for specific purposes
and, crucially, do not form part of the “divisible pool” of central taxes that is shared with states as per
Finance Commission recommendations
a. Example: As per CAG data (FY 2022–23), Over 19% of gross central tax revenue came from
cesses and surcharges, which bypass state distribution.
5. Disincentive to Manufacturing States : Industrialized states (e.g., Tamil Nadu, Maharashtra) lost revenue
from high VAT on manufacturing, as GST shifted taxation to consumption centers.
a. Example: Tamil Nadu’s VAT contribution fell from ₹48,000 crore (2016–17) to ₹32,000 crore under
GST (2017–18).
6. Dependency on GST Compensation: States became dependent on the GST compensation cess to make up
for revenue loss.
7. Dominance of Centre in GST Council: Although the GST Council is a federal body, States have raised
concerns about imbalanced voting powers and limited influence over rate decisions.

Safeguarding states financial health post GST reforms

1. GST Council: A constitutional body with Centre-State participation, has taken key decisions like COVID
exemptions and rate rationalisation through consensus rather than majoritarianism.
a. Example: In Mohit Minerals v. Union of India (2022), the Supreme Court ruled that GST Council
recommendations are not binding, preserving state sovereignty.
2. Vertical Devolution: The 14th Finance Commission increased the states’ share in the divisible pool from
32% to 42%, thereby safeguarding state interests.
3. Efficiency and Uniformity in Tax Administration: GST replaced a fragmented tax system, improving
ease of doing business, reducing cascading taxes, and enhancing compliance.
4. Expanded Tax Base: By bringing more goods and services under the tax net and improving compliance,
GST has the potential to expand the tax base, leading to higher revenue growth for both the Centre and states
in the long term.
5. Facilitation of inter-State trade: The implementation of GST has led to the removal of inter-state barriers
to trade, facilitating inter-State trade and providing an opportunity for businesses to expand their operations
beyond state boundaries.

Way ahead
1. Increase in Vertical Devolution Share: The 16th Finance Commission could consider raising the states’
share to 50%, as demanded by a majority of states, ensuring greater fiscal balance.
2. Inclusion of Cesses and Surcharges in the Divisible Pool: Amend fiscal practices to include major cesses
in the divisible pool or restrict their use to emergencies.
3. Strengthening State Revenue Capacity: NITI Aayog and the Economic Survey (2020–21) advocated for
boosting non-tax revenues and empowering States to enhance tax administration efficiency.
4. Greater Flexibility in Borrowing Limits: Revise FRBM borrowing ceilings based on fiscal capacity and
development needs, especially for backward and disaster-prone states.
5. Revisiting Horizontal Devolution Criteria: Balance equity with efficiency by including parameters like
disaster vulnerability, climate risks, and cost disabilities in devolution formulas.
6. Empower State-Level Tax Innovation: Provide scope for states to levy region-specific surcharges for
infrastructure, disaster relief, or welfare programs under constitutional limits.

As former Finance Secretary Subhash Garg rightly noted: “Unless states are made fiscally resilient, GST risks
becoming a one-sided power shift.” A robust fiscal federation calls for responsive devolution, institutional
recalibration, and cooperative spirit hallmarks of a truly united “Team India”.

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Q10. “The strengthening of horizontal federalism requires not only constitutional provisions but also
institutional activation.” Critically analyse this in the context of the role played by the Inter-State
Council in India’s federal setup.

Why this question

In Syllabus: GS 2 Syllabus Topic: Issues and Challenges Pertaining to the Federal Structure, Devolution of
Powers
Mains PYQ: What changes has the Union Government recently introduced in the domain of Centre-State
relations? Suggest measures to be adopted to build the trust between the Centre and the States and for strengthening
federalism. (2024)

Approach:
Understanding and structuring the answer: Students need to introduce the answer by referencing the
constitutional provision (Article 263) and establish the gap between constitutional intent and institutional practice
in achieving horizontal federalism. The answer then must highlight the necessity of institutional activation and
limitation of institutional activation with respect to inter state council. Suggest a way ahead and conclude by
asserting that empowered and regularised institutions like the ISC are vital to operationalising constitutional ideals
of horizontal federalism.

Introduction: Start by referencing the constitutional provision (Article 263) and establish the gap between
constitutional intent and institutional practice in achieving horizontal federalism.

Body:
Heading 1: Necessity of Institutional Activation
Heading 2: Limitations of Institutional Activation Alone
Heading 3: Way Ahead

Conclusion: Assert that empowered and regularised institutions like the ISC are vital to operationalising
constitutional ideals of horizontal federalism.

Answer
Horizontal federalism refers to the relationships and coordination among states themselves. The Indian
Constitution lays a foundational framework for horizontal federalism through provisions like Article 263, enabling
bodies such as the Inter-State Council (ISC). While these provisions establish a legal framework, realising the
spirit of cooperative and competitive federalism requires the activation and revitalisation of institutions like
the ISC.

Necessity of Institutional Activation

1. Constitutional Legitimacy: Article 263 of the Constitution provides a constitutional basis for the ISC.
Being a constitutional body gives it credibility and authority, unlike purely statutory institutions.
2. Strengthening Cooperative Federalism: Can reduce Centre-state dependency by empowering horizontal
consensus building among states.
3. Addressing Inter-State Disputes: Several disputes such as the Cauvery water conflict or border tensions
(e.g., Assam-Mizoram, Maharashtra-Karnataka) could be proactively addressed in ISC forums.
4. Reduces Judicial Overload: Not all inter-state issues can be resolved through courts due to the absence
of legally measurable standards. ISC offers a deliberative, non-adversarial forum for resolving such issues.
5. Facilitating Policy Harmonisation: Helps create consensus on national development goals like SDGs,
migration policies, and climate action.
6. Promoting Equal Footing Among States: Provides a non-hierarchical platform where all states
irrespective of size or ruling party, can voice their concerns.

Vajiram & Ravi - An Institute for IAS Preparation | Delhi Branch- 9-B, Bada Bazar Marg, Old Rajinder Nagar, New Delhi-110060 | Chennai Branch -
Vajiram & Ravi New No. 62, P Block, 6th Avenue, Anna nagar, Chennai - 600040 | E-mail: online@vajiramandravi.com | Tel: 080-6220-6330
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Limitations of Institutional Activation Alone
Despite the clear necessity of institutional activation, the effectiveness of the Inter-State Council faces several
significant limitations that go beyond mere activation, highlighting the complexities of India’s federal dynamics.

1. Political Context is Paramount: Partisan politics often overrides cooperative impulses. States ruled by
opposition parties may mistrust the Centre’s intentions.
2. Duplication and Overlap: ISC’s functions often overlap with other bodies such as Zonal Councils, NITI
Aayog, and Parliamentary Standing Committees, leading to diffusion of focus.
3. Infrequent Meetings and Lack of Regular Engagement: Despite its crucial role, the Inter-State Council
has often met irregularly.
a. Example: Only 12 ISC meetings since 1990. Last held in 2016
4. Delayed Operationalization: ISC was activated only in 1990, despite its constitutional basis.
5. Limited Mandate: Presidential Notification has not assigned dispute resolution power as per clause (a) of
Article 263.
6. Guideline Constraints: Precluded from discussing certain core issues unless permitted by a majority with
Chairman’s approval restricting autonomy.

Way Ahead
1. Functional Autonomy to ISC: Following the Punchhi Commission’s recommendation, ISC should be
granted greater operational independence to act on policy development and conflict resolution.
2. Inclusion of Experts: The 2019 notification enabling domain expert participation in ISC’s Standing
Committee should be institutionalized to enhance evidence-based decision-making.
3. Expanded Role in Contemporary Issues: Interstate water disputes (e.g., Cauvery, Yamuna), Environmental
concerns (e.g., crop burning in Punjab affecting Delhi), Migrant welfare and pandemic response, Regional
employment policies and reservations
4. Redefine Centre-State Consultative Architecture: Integrate and rationalise various bodies like Zonal
Councils, NITI Aayog’s Governing Council, and ISC into a coherent framework for cooperative
federalism.
5. Regularise Meetings and Strengthen Secretariat: Establish a permanent secretariat akin to the Finance
Commission or CAG, ensuring continuity, follow-up and institutional memory.

While the Constitution envisages inter-state harmony through enabling provisions, the success of horizontal
federalism depends on the activation, autonomy, and regular functioning of institutions like the ISC. Strengthening
such platforms is not merely administrative but it is essential for deepening democracy and ensuring equitable
federal governance.

Vajiram & Ravi - An Institute for IAS Preparation | Delhi Branch- 9-B, Bada Bazar Marg, Old Rajinder Nagar, New Delhi-110060 | Chennai Branch -
Vajiram & Ravi New No. 62, P Block, 6th Avenue, Anna nagar, Chennai - 600040 | E-mail: online@vajiramandravi.com | Tel: 080-6220-6330