AT

Alfred ThomasAIR 33· 2024

Question Q.5GS2GS2

To address these challenges, various constitutional mechanisms have been institutionalised

Open scan (p.11)

Main Body

To address these challenges, various constitutional mechanisms have been institutionalised:

1Inter state Council – Art 163
2Tribunals for Rivers Water Dispute – Art 262
3GST Council (Art 279A)

Examining efficacy of these mechanisms:

Positives:

Provide platform for effective coordination and dialogue
Most GST council decisions binding by consensus (even if not technically necessary check cooperation)

Negatives:

not functional - Rivers disputes continue despite final tribunal awards
In Mohit Minerals case SC declared GSTC decisions not binding

Ultimately what is needed is political will. India must learn from best practices of countries like Australia and Canada who have sustained cooperative federalism by combining existing mechanisms with differing approaches.

The Indian Independence Act 1947 transformed the nature of the state in India

Changes introduced:

(A) Changes in Root of existing constitutional position:

1India transformed from a colony to a sovereign independent state, subject to making of a constitution
2Position: Partition of India to create Pakistan

(B) Changes in Branch of existing constitutional position:

1Earlier schema of power distribution changed
2Under Cabinet Mission Plan, constituent Assembly formed would decide details of new features of the state

Immediate challenges that followed:

1Partition → large humanitarian tragedy as countless lives lost, worsened communalism, poisoned India-Pakistan relations
2Re-organisation → integration of 600+ states, tribal states with major challenge, seeds of regionalism, inter-state dispute etc sown

However, despite these challenges, the constituent assembly collaborated purposefully to help create a constitution that enshrined the ideals of our freedom struggle as well as the principles of our ancient civilisation. This must be recognized and cherished by us all.

272 words15 paragraphs4 bullet points

Conclusion

Ultimately what is needed is political will. India must learn from best practices of countries like Australia and Canada who have sustained cooperative federalism by combining existing mechanisms with differing approaches. However, despite these challenges, the constituent assembly collaborated purposefully to help create a constitution that enshrined the ideals of our freedom struggle as well as the principles of our ancient civilisation. This must be recognized and cherished by us all.

71 words

This is a continuation from previous page
  • Identifies specific constitutional articles
  • Provides both positive and negative analysis of mechanisms
  • Makes comparative reference to other countries
  • Structured categorization of changes
  • Addresses both challenges comprehensively
  • Good concluding thought connecting constitutional creation

Topper

Alfred Thomas

AIR 332024

Subject & Paper

GS2GS2

Topic

Federal Structure - Functions, Responsibilities, Devolution of Powers and Finances

Devolution to Local Levels

Dispute Redressal Mechanisms

Writing Stats

343

Total words

15

Paragraphs

4

Bullets

descriptive

Tone