MAINS DAILY QUESTIONS & MODEL ANSWERS
Q1. Examine India’s constitutional division of powers between the Union and the States and consider dispute resolution procedures in this framework.
GS II – Devolution of Powers between the Centre and the States
Introduction:
- The foundation of India’s political system is a federal framework with a clearly defined division of powers between the federal and state governments. In the context of the varied terrain, this framework allows for efficient national governance while upholding the sovereignty of each state.
Authority sharing between the Union and the States:
- Article 246 of the Constitution, which categorises legislative subjects into three lists, outlines the authorities that the Union and States of India share.
- List I: Union List: This list includes topics that are exclusively subject to legislation by the Parliament (Union). It covers important national issues like communications, atomic energy, international policy, and defence.
- List II: State List: This list consists of topics that can only be covered by state legislatures through legislation. It covers topics like law enforcement, public health, agriculture, and land that are important locally or regionally.
- List III, the Concurrent List, is a list of topics on which the States and the Union may jointly enact laws.
- The separation of powers and duties between the federal and state governments is guaranteed by this constitutional structure.
Dispute Resolution Processes:
- Inter-Governmental Bodies: Union and State officials have forums to debate and settle conflicts through the National Development Council and the Inter-State Council (Article 263).
- Court Intervention:
- The Supreme Court has original jurisdiction over disputes arising between the Union and States or between States under Article 131. The Court settled a disagreement about the GST Council’s binding authority in the Mohit Minerals v. Union of India (2022) case.
- Governor’s Role: The governor serves as a liaison between the state and the union, promoting cooperation and communication while balancing federal connections.
- Financial Mechanisms: It is in charge of recommending to the president how the union and the states should split the net proceeds of taxes.
- Intergovernmental Committees: These committees have the ability to promote discussion, bargaining, and reaching an agreement.
- For instance, the GST Council offers a forum for the States and the Centre to address and settle any problems or disagreements resulting from the GST’s implementation.
- India has a strong division of powers in its constitution, yet good conflict settlement is essential to good federal relations. To resolve conflicts and maintain cooperative federalism and system stability, the use of committees, judicial intervention, the governor’s role, financial mechanisms, and intergovernmental entities can be beneficial.
Q2. Examine the ways in which the India-Nepal Joint Commission may best serve shared issues and advance India-Nepal interests.
GS II – International Issues
Introduction:
- A bilateral institution at the level of foreign ministers that examines all aspects of relations between India and Nepal is called the India-Nepal Joint Commission. Since its founding in 1987, it has convened seven times, with the most recent one taking place in January 2024.
Challenges in the Relations between India and Nepal:
Boundary Problem:
- Due to divergent interpretations of past agreements, the Kalapani boundary dispute poses a serious threat to the Indo-Nepali relationship. India’s new political map and Nepal’s counter-map, which denote the 2019 escalation, highlight the continuous tension over territorial claims.
- Treaty of Peace and Friendship: The 1950 agreement between India and Nepal gives its residents unique rights and benefits, including unrestricted travel, employment, and commerce.
- Nonetheless, a few segments of Nepalese society contend that the pact is antiquated and unfair, and they call for its revocation or reform.
- Eminent Persons’ Group (EPG) report: India and Nepal formed the EPG in 2016 to assess their bilateral ties and make recommendations for enhancements. In 2018, the committee turned in its report and made a number of recommendations, including improved economic cooperation and a revision of the 1950 Treaty of Peace and Friendship between India and Nepal. However, the report is still not officially implemented, which exacerbates the strained relations between India and Nepal.
- Development Projects: Pancheshwar Multipurpose and Arun III Hydropower are two of the troublesome and delayed development projects that represent a risk to Indo-Nepal relations. A widening trade deficit, restricted market access, and non-tariff obstacles are among issues that are causing concern and affecting important projects like Cross-Border Railways and Integrated Check Posts.
The Function of the Joint Commission in Relations with Nepal:
- The Joint Technical Committee’s work on boundary demarcation can be expedited, conversation can be started, and confidence can be fostered by the Joint Commission abstaining from unilateral action.
- By addressing India’s concerns about treaty reform, highlighting good elements, and keeping an eye on developments to promote cooperation and mutual benefits, the Commission can support the implementation of the EPG report.
- Projects can be advanced by the Joint Commission through the resolution of financial and technical obstacles, the promotion of cross-national coordination, and the maintenance of transparency. Along with removing obstacles and exploring new areas of collaboration like digital connection, health, education, tourism, and agriculture, it should also improve trade cooperation.
Way Forward:
- Through the Joint Commission, we must nurture the special connection between India and Nepal by addressing issues, boosting communication, and advancing shared interests. To strengthen this unique link, it is essential to take advantage of cooperation opportunities, improve connectivity, and promote the values of mutual respect and non-interference.
