AK

AKASH KUMARAIR 101· 2025

Question Q.1GS2GS2

Reorganisation of States remains a parliamentary prerogative in India, with the Constitution assigning only a consultative role to State legislatures. Examine.

Open scan (p.1)
AnswerStrengthsGapsKeywords

Main Body

Ar-1 - 4 in Indian constitution deals with the state's reorganisation especially Ar-2&3.

It remains a parliamentary prerogative as -

1Parliament's exclusive power => in changing the boundary, name of the state.
2Non-binding state's advice => President is not bound by the state's recommendation while changing its name of boundary.
3Amendment by simple majority => Artic-4 explicitly state that amendment

Under Ar-2 & 3 doesnot need majority as per Ar-268 but simple majority

4Principle of destructible state with indestructible union is followed in India
5Legislatve Council => Ar-169 status that Parliament can create and abolish legislative council in state

As per judgment amendments to constitution Parliament has reorganised states through, statutes like State Reorganisation Act, 1956 etc.

Need for state's consultation can be by -

1State's advice can be discussed upon in the houses
2Parliament to act upon state's advice in firm manner.

Residuary powers are those powers on subjects which are not mentioned in any of the 3 lists of 7th schedule in Indian constitution. E.g. Space technology, Cyber etc.

These powers come exclusively under the domain of Parliament [because] =>

1Historical roots => GoI Act vested residuary powers with the governor general of India.
2Inspiration from Canadian constitution => Residuary power lies with the centre.

Such that all state execute the same provisions of legislation.

4National security => Space and cyber warfare in the emerging threats and since defense rests with the centre thus power rests with the Parliament.
5To counter internal and external fetus => E.g. Emerging threats from use of information technology like star species etc.
6Ensure Federal structure balance => Faur dispute between centre and states is avoided and federation is ensured.

Residuary power with Parliament maintains Federalism and uniformity in the diverse country like India.

"Ar-21 is the heart and soul of Indian constitution" - Dr. B.R. Ambedkar.

Judiciary through various case laws provided citizens with inferred rights under Ar-21.

It expands beyond right to life and personal liberty/=>

1Olga Tellis vs BMC (1982) => Court upheld "right to livelihood" u/Ar-21.
2M.C. Mehta vs UoI (1984) => Court intro-duced "Polluter pays" principle and ruled "Right to healthy environment" as fundamen-tal right.
3Manuka Gandhi vs UoI (1971) => "Right to travel abroad" u/Ar-21.
4Aruna Shauabaigey case => Court upheld the "Right to die with dignity" and allowed passive euthanasia to be carried out.
5Vindhaka vs State of Rajasthan (1997) => Court issued guidelines for protection of women against sexual harassment at workplace.
6KS Puttaswamy vs UoI (2017) => "Right to Privacy" was held as intrinsic u/Ar-21
7Ranjit Sinh vs UoI (2022) => Right against climate change" do protect citizen against ill effects of climate adversities.

Uthus Ar-21 in itself as 'quite broad'

Ar-36 -51 in Part IV of Indian Constitution contains DPSP which act as "Instrument of instructions" for the state to achieve a "welfare state"

They are fundamental to the governance of the country =>

1Ar-36 => itself state that DPSP are fundamental in law making.
2Contains provision of a "welfare state" => they can be divided in 'Socialistic', 'Gandhian', and liberal principles
3Upheld the "socio-economic democratic" right e.g. Ar-38 => interns opportunities for development

Ar - 39A => free legal aid

Ar - 41 => Right to work etc.

4Contain aspirations of the constitution makers => e.g. Ar-39(b) & (c) => prevent concentration of wealth

Ar-40 => Village panchayats => 73rd & 74th CAA implemented it.

However they were made non-justiciable because =>

1Divine nature of country => E.g. Implement Ar-44 Uniform Civil Code may hamper minority rights.
2Lack of resources => At the time of independence country lacked sufficient resources.
3Burden on judiciary => Then principles can ideals; making them justiciable would have burden'd Indian courts.

. Parliament while making laws still take into consideration the DPSPs as fundamental

653 words37 paragraphs
  • Clear identification of constitutional provisions
  • Structured approach with numbered points
  • Comprehensive coverage of constitutional framework
  • Multiple articles cited
  • Discussion of historical precedents
  • Clear definition with examples
  • Historical perspective provided
  • Addresses national security aspects
  • Discusses modern threats
  • Relevant quote from Ambedkar
  • Good case law citations
  • Clear structure
  • Extensive case law coverage
  • Chronological presentation
  • Multiple facets of Article 21 covered
  • Clear identification of relevant articles
  • Structured explanation
  • Addresses practical reasons for non-justiciability
  • Multiple constitutional provisions cited
  • Discussion of implementation mechanisms

Open original scan

Page 1

Topper

AKASH KUMAR

AIR 1012025

Subject & Paper

GS2GS2

Topic

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

Federalism

State Reorganisation

Writing Stats

653

Total words

37

Paragraphs

analytical

Tone