AS

Ashi Sharma

Question 13GS2GS2

संविधान में भारतीय संघीय प्रणाली के कार्यकारी क्षेत्र में संघीय सर्वोच्चता के 'सिद्धांत' को परिभाषित करने वाले प्रावधानों और एक ऐसे प्रपत्र तथा प्रणाली से संबंधित है जिसमें इसके विषयों के विधायी व्यवस्था से जुड़ी प्रक्रिया है। यह प्रणाली कैसे है? The Constitution envisages the 'principle of federal supremacy' in the 'executive space' of Indian federal polity. Discuss the relevant Constitutional provisions and case laws. How are contentious issues regarding the 'distribution of powers' resolved? (Answer in 250 words, 15 marks)

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AnswerStrengthsGapsKeywords

Introduction

Article 1 states that India is a union of states typifying its quasi federal nature which is most evident in the executive space. The 42nd A & 84th froze the number of seats in parliament as per the 1991 census. But as the deadline nears, there is increased debate over the delimitation exercise.

53 words

Main Body

Article 1 states that India is a union of states typifying its quasi federal nature which is most evident in the executive space.

Principle of federal supremacy

Guides supremacy to the union and the state in certain matters to ensure unity and integrity of the nation.

Constitutional provisions

1Office of Governor: who is appointed by the union as its representative in the state enjoys:
discretionary (163Article)
withhold bill for (article 201)
recommend impeachment (article 356 of presidential rule)
appoint vls chancellors.
2All India services: officers as appointed by the union and serve in the state and can be removed only by the president.
3Advisory role: the union government can issue advisories to the state on subjects such as maintenance of railways welfare of tribals, etc.
4Emergency powers: Under article 352 the entire polity is turned into a unitary state and under article 356 state government is disposed for failure of constitutional machinery.
2All India services: officers as appointed by the union and serve in the state and can be removed only by the president.
3Advisory role: the union government can issue advisories to the state on subjects such as maintenance of railways welfare of tribals, etc.
4Emergency powers: Under article 352 the entire polity is turned into a unitary state and under article 356 state government is disposed for failure of constitutional machinery.

Case laws

1In the recent SC judgement on abrogation of special status of J&K, the SC upheld the union government's authority to dissolve a state.
2In the NCT case the SC recognised it Governor of Delhi as the final executive authority.

Resolution of contentious issues

1Institutional forums: like the union state council and zonal councils act as forum for dialogue.
2Judiciary: the SC under article 131 enjoys original jurisdiction over intergovernmental disputes. (2) Recently SC ruled royalty is not a tax prying financial power to states.
3NITI Aayog: strives to encourage cooperative federalism through its governing council.

Federalism is part of the basic structure of the constitution (SA Bormai case). We must practice cooperative and enabling federalism rather than combative and extractive federalism.

The 42nd A & 84th froze the number of seats in parliament as per the 1991 census. But as the deadline nears, there is increased debate over the delimitation exercise.

Delimitation (article 82, 10) is an exercise to redraw seats and constituency boundaries to ensure one person one vote one value. It is done by a statutory delimitation commission.

Challenges by misrepresentation

1distorts regional representation in the house.
2during 2019 election a UP MP represented 301 people, Lakshadweep MP only 55,000.
3penalizes the western states for undertaking successful population control and unenvironment rare to bottom.

Ramifications of population based delimitation

Positive

1adjust representation in parliament as per present context.
2facilitate implementation of 106CAA for 1/3 women representation.
3increase number of seats to over 800+ in the house.

Negative

1Increase the north-south divide as per first mates. Northern states may gain over 32 seats, while southern states may lose over 24 seat.
2Population is a major criteria for TC delimitations, delimitation may shrink far deviations for southern states.
3may fuel tons of the EOL policies and states. GT-IR, KN laws for ideal reservation.
4can trigger inter-state migrations.
1goes against principle of fair representation under one person one vote one value.

Ramifications of population based delimitation

Positive

1adjust representation in parliament as per present context.
2facilitate implementation of 106CAA for 1/3 women representation.
3increase number of seats to over 800+ in the house.

Negative

1Increase the north-south divide as per first mates. Northern states may gain over 32 seats, while southern states may lose over 24 seat.
2Population is a major criteria for TC delimitations, delimitation may shrink far deviations for southern states.
3may fuel tons of the EOL policies and states. GT-IR, KN laws for ideal reservation.
4can trigger inter-state migrations.
5decrease the ability of southern states to influence national policies due to reduced political clout.

Delimitation is a constitutional inevitability, but it must be done only by keeping 'all states in confidence'. The Dunki Commission recommendation to provide equal representation in Rajya Sabha (like USA) is worth exploring.

719 words19 paragraphs4 bullet points

Conclusion

Federalism is part of the basic structure of the constitution (SA Bormai case). We must practice cooperative and enabling federalism rather than combative and extractive federalism. Delimitation is a constitutional inevitability, but it must be done only by keeping 'all states in confidence'. The Dunki Commission recommendation to provide equal representation in Rajya Sabha (like USA) is worth exploring.

59 words

Diagram

A hierarchical chart showing powers of Governor with branches for discretionary, withhold bill, recommend impeachment, and appoint vice chancellors

  • Systematic structure with clear constitutional provisions
  • Comprehensive coverage of Articles
  • Good explanation of federal supremacy principle
  • Uses relevant recent case laws
  • Clear explanation of judicial interpretation
  • Links constitutional provisions to practice
  • Well-structured resolution mechanisms
  • Links to basic structure doctrine
  • Conclusion emphasizes practical federalism approach
  • Provides concrete numerical examples
  • Explains statutory basis clearly
  • Identifies specific regional disparities
  • Balances positive and negative ramifications
  • Identifies regional disparities
  • Links to women's representation
  • Clear positive and negative implications
  • Uses specific examples of seat gains/losses
  • Links to existing legislative provisions
  • Concludes with viable alternative solution
  • References expert commission recommendation
  • Links to comparative constitutional practice

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Page 30

Topper

Ashi Sharma

Subject & Paper

GS2GS2

Topic

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

Federalism

Principle of Federal Supremacy

Writing Stats

831

Total words

19

Paragraphs

4

Bullets

analytical

Tone