“The Union’s expanding footprint in concurrent and State subjects signals a shift from cooperative to controlled federalism”. Examine the constitutional scheme of legislative distribution. Analyse recent sectoral centralisation trends. Suggest mechanisms to safeguard federal spirit.
Kartavya Desk Staff
Topic: Issues and challenges pertaining to the federal structure
Topic: Issues and challenges pertaining to the federal structure
Q3. “The Union’s expanding footprint in concurrent and State subjects signals a shift from cooperative to controlled federalism”. Examine the constitutional scheme of legislative distribution. Analyse recent sectoral centralisation trends. Suggest mechanisms to safeguard federal spirit. (15 M)
Difficulty Level: Medium
Reference: TH
Why the question Ongoing debates on centralisation of powers, GST architecture, Governor’s role, and recent Supreme Court observations have renewed concerns about the nature of Indian federalism and its evolving trajectory. Key Demand of the question The question requires examining the constitutional scheme of legislative distribution, analysing contemporary sectoral trends indicating centralisation, and suggesting institutional mechanisms to safeguard the federal spirit. Structure of the Answer: Introduction Briefly situate Indian federalism within the framework of Articles 245–254 and the Seventh Schedule, highlighting its quasi-federal design and inherent central tilt. Body Constitutional scheme of legislative distribution: Indicate the threefold distribution of powers and the provisions that enable Union predominance in certain circumstances. Recent sectoral centralisation trends: Point to fiscal restructuring, expansion in concurrent domains, role of Governors and territorial reorganisation as indicators of a shift towards controlled federalism. Safeguarding the federal spirit: Suggest strengthening inter-governmental institutions, recalibrating fiscal arrangements and reinforcing constitutional safeguards. Conclusion Underline that preserving India’s unity in diversity requires deepening cooperative federalism through institutional balance and constitutional restraint.
Why the question
Ongoing debates on centralisation of powers, GST architecture, Governor’s role, and recent Supreme Court observations have renewed concerns about the nature of Indian federalism and its evolving trajectory.
Key Demand of the question The question requires examining the constitutional scheme of legislative distribution, analysing contemporary sectoral trends indicating centralisation, and suggesting institutional mechanisms to safeguard the federal spirit.
Structure of the Answer:
Introduction Briefly situate Indian federalism within the framework of Articles 245–254 and the Seventh Schedule, highlighting its quasi-federal design and inherent central tilt.
• Constitutional scheme of legislative distribution: Indicate the threefold distribution of powers and the provisions that enable Union predominance in certain circumstances.
• Recent sectoral centralisation trends: Point to fiscal restructuring, expansion in concurrent domains, role of Governors and territorial reorganisation as indicators of a shift towards controlled federalism.
• Safeguarding the federal spirit: Suggest strengthening inter-governmental institutions, recalibrating fiscal arrangements and reinforcing constitutional safeguards.
Conclusion Underline that preserving India’s unity in diversity requires deepening cooperative federalism through institutional balance and constitutional restraint.