23 November 2022

MAINS QUESTIONS

Q1. The robustness of the federal polity has contributed to India’s democracy’s originality and vibrancy. Elaborate. (250 words)

Paper & Topic: GS I – Indian Society

 Model Answer:

 Introduction:

• India is a federal republic, with the Centre and the States as the polity’s cooperating subdivisions.
• Nonetheless, India has an asymmetrical federalism, with the balance of power skewed toward the center.
• Article 256 addresses the Union-state relationship and the State’s obligations, whereas Article 365 requires state governments to respect and implement the Central government’s directives.
• The trajectory of Federalism is shifting from cooperative to confrontationalist as the dynamics of the party system change.

Body:

Strengthening India’s federal polity:

Legislative/Administrative:

• Separation of Powers: Schedule 7 of the Constitution establishes a clear division of powers between the federal government and the states.
• (With the exception of emergencies, which are subject to court scrutiny.)
• The Supreme Court has exclusive jurisdiction to hear matters between states and the Centre under Article 131 of the Constitution. g.: In January 2020, Chhattisgarh filed a petition in the Supreme Court challenging the NIA Act.
• Coalition administrations have improved the bargaining power of states.

Political:

• Federalism is significantly more advanced when it comes to the imposition of President’s rule under Article 356 of the Constitution.

Financial:

• GST Council: The passage of GST is a beautiful example of cooperative federalism, in which the states and the federal government have sacrificed their taxing authority and created a single tax system to fulfill the dream of a single Economic India with ‘One Nation, One Market.’
• Until date, majority decisions have been made by consensus, with states casting two-thirds of the votes.
• Since the 10th FC, the state’s share has been steadily increasing until the 14th FC, when it devolved 42 percent.

Other Subjects:

• NITI Aayog: The Aayog, which has taken over from the old Planning Commission, is promoting a bottom-up approach to development planning.
• Sabka Saath is a Hindi film. Sabka Vikas involves states as equal development partners. There is a shift between collaboration and competition.

Indian federalism’s limitations:

• The Union is obligated under Article 355 to “… ensure that the government of each State is carried on in line with the provisions of this Constitution.”
• When state governments objected to the NPR, the Union argued that states have a constitutional obligation to carry out laws established by Parliament.
• Centrally Sponsored Schemes (CSS) are the most important part of the Central Assistance to State Plans (CASP) program, which gives governments limited flexibility.
• International Treaties and Agreements are enforced. This clause allows the federal government to meet its international obligations (Art. 253). Through the terms of this article, the Lokpal and Lokayuktas Bill, 2011, was tabled in Parliament.
• Article 200: Governor’s reservation of state bills for President’s assent.
• Article 256 states that each state’s executive power shall be exercised in such a way as to ensure compliance with Parliament’s laws and any existing laws that apply in that state, and that the Union’s executive power shall extend to the giving of such directions to a state as the Government of India deems necessary for that purpose.
• Several difficulties hamper Centre-State interactions, including a trust imbalance and the shrinking of divisible pools. They make entire cooperation impossible when they work together.
• On the one hand, the Centre has increased the states’ portion of the divisible pool, while states are receiving a smaller amount in reality.
• Many southern states, for example, are losing their share of tax revenue as a result of the 15th FC proposals.
• The amount of money allocated to various social assistance initiatives has also decreased, hurting the health of the states.
• Inter-state water disputes, such as the Mahadayi issue between Goa and Karnataka, and the Mahanadi water issues (between Odisha and Chhattisgarh), necessitate cooperation from all parties involved (centre and riparian states).

Federalism must be strengthened:

• Multiple committees have advocated strengthening the Interstate Council, where the concurrent list of subjects can be debated and discussed, balancing the powers of the Centre and the states.
• Because there is a scarcity of institutional space to resolve inter-state disputes, a constitutional organization like the ISC may be a viable option.
• States should have autonomy: The center should draft model legislation that give states room to maneuver.
• To avoid budgetary burdens, the Centre should provide sufficient budgetary support to states. In the state topics, there should be as little involvement as possible.
• Democratic In genuine spirit, decentralization of administration and strengthening of governments at all levels. The notion of subsidiarity should be used to decentralize power.

Conclusion:

• While increased powers for the Union may be justified in some areas (defense, currency, etc.), the Centre should respect the autonomy of the other two levels of government on the development front (education, health, etc.) and avoid the propensity to centralize authorities and functions.

 Q2. Discuss the primary features and benefits of the parliamentary form of government and analyze why India chose it. (250 words)

 Paper & Topic: GS I – Indian Society

Model Answer:

 Introduction:

• India is a sovereign, socialist, secular, democratic, and republican country that operates under the Westminster model of government (also known as Cabinet government or Responsible government).
• This system of administration is popular in countries such as the United Kingdom, Japan, Canada, and India.
• The United Kingdom’s parliamentary system was adopted because the United Kingdom’s constitution is the mother constitution of parliamentarianism.

Body:

Characteristics of the parliamentary form of governance:

• Bicameral legislature: A bicameral legislature (two houses of parliament) or a unicameral legislature (one house of parliament) can exist (single house of the parliament). Members of the Lower House (Lok sabha) and the Upper House (Rajya sabha) are elected by the people, while members of the Upper House (Rajya sabha) are elected by elected representatives.
• On the Prime Minister’s recommendation, the President can dissolve the Lok Sabha, whereas the Rajya Sabha is a permanent house that cannot be dissolved.
• Nominal and Real Executives: In India, the executive is divided into two categories: nominal and real. The nominal executive is the President, who is also the Head of State.
• The President of India is vested with all executive functions under the Indian Constitution.
• However, the Prime Minister and the Council of Ministers employ them in practice.
• The true executive is the Prime Minister.
• Majority Party Rule: The government is formed by the party that obtains the majority of seats in the Lower House elections.
• The President appoints the leader as Prime Minister, as well as the other ministries, on the Prime Minister’s suggestion.
• In the event that no single party receives a clear majority, the President may invite a coalition of parties to form a government.
• The council of ministers has a joint responsibility to the parliament.
• The lower chamber of parliament has the power to dissolve the government through a no-confidence resolution.
• Opposition: An opposition party is formed when a party receives the second most votes in an election. The opposition is critical in keeping the prevailing administration in check.
• Confidentiality: In official legal concerns of the government, officials of the executive observe the principle of secrecy.
• Before taking office, ministers swear an oath of secrecy.

The benefits of parliamentary government:

• Better administration-legislation coordination: Because the administration is a component of the legislation, and most legislatures support the government, it is easier to adopt and implement laws.
• There is no authoritarianism because the executive branch is accountable to the legislative and can be impeached through motions of no confidence.
• Furthermore, unlike a presidential administration, authority will not be centralized in the hands of a single person.
• Decision-making that is both participatory and inclusive.
• Ministers who are responsible to Parliament are held accountable for their activities. Time for questions, debates, adjournment motions, and motions of no confidence are some of the tools available.
• If you lose majority support, be ready to replace the government. “The deputy prime minister is the leader of the opposition party,” Jennings says.

Different groups are represented:

• The parliament in this system gives representation for various groups in the country. This is especially critical for developing countries such as India.
• Flexibility: Because the PM may be readily altered as needed, the system is versatile. Winston Churchill succeeded Neville Chamberlain as Prime Minister of the United Kingdom during World War II. This differs from the presidential system, in which the president can only be removed after the end of his or her term or if impeachment occurs.

The following are some of the reasons why India should switch to a parliamentary government:

• India had some experience with the parliamentary system under the Government of India Acts of 1919 and 1935 by the time the constitution was drafted. As a result, it was well-known among Indians.
• This incident also demonstrated that people’s representatives can effectively control executives.
• The constitution’s authors wanted the government to be accountable to the people and to be responsive to their demands.
• The creators were hesitant to use the presidential system since it provides the president too much power and allows him to act independently with the legislature.
• The presidential system is equally prone to the president’s personality cult.
• The framers of the constitution desired a powerful executive branch, but one that was also protected from becoming a personality cult.
• There are numerous procedures in the parliamentary system to make the executive more accountable to and controlled by the people’s representatives.
• As a result, India’s constitution established a parliamentary system.

Conclusion:

• Parliament is an important part of our democracy since it is the representative body that checks the government’s actions.
• Parliament must function effectively in order to fulfill its constitutional mandate.