MODEL ANSWER | P-P & P-M 2025 | TEST-2 | 1

PRE TO PRE & PRE TO MAINS

2025
MODEL ANSWER

Test-2 (14-07-2024)

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1. How far do you think cooperation, competition, and confrontation have shaped the
nature of the federation in India? Cite some recent examples to validate your answer.
(Answer in 150 words) 10 Marks

According to Granville Austin, the Constitution of India is the embodiment of cooperative federalism,
essentially defined by administrative cooperation between the Centre and the States. However, the
evolution of the nature of federation in India has been not just about cooperation but rather a mix of
cooperation, competition, and confrontation between the States and the Centre.

COOPERATIVE FEDERALISM
1. Cooperative federalism has ensured that states can function with autonomy, and work
towards their developmental goals with the center complementing states' efforts.
2. Cooperative federalism has been the hallmark of Indian federalism since the constitution came
into force as can be seen through the following example:
a. All India Services under Article 312, where both center and states utilize the same set of
officers who serve as the backbone of administration,
b. Inter-State council under Article 263 to discuss issues of common interest between
center and state,
c. GST council under Article 279A where both center and states came together to levy
taxes,
COMPETITIVE FEDERALISM
1. Competitive federalism, though not a new phenomenon, has intensified in recent years, especially
after the constitution of NITI Aayog. Competitive federalism is encouraging healthy competition
among states to achieve better development goals.
2. Some examples of competitive federalism are:
a. Investment summits are organized by various states.
b. Through various programs like the Aspirational District program and various rankings
like SDG ranking, composite water management index ranking, India innovation
index, etc, NITI Aayog is fostering competitive federalism.
c. By providing performance-based incentives to states on various parameters like DBT
implementation, waste management, and educational outcomes, the 15th finance commission
is also encouraging competitive federalism.

CONFRONTATIONAL FEDERALISM
1. A number of emerging political, economic, and institutional factors led to the
federalization of national politics in the late 1980s. The supreme court judgment in the SR
Bommai case deepened the federal design with states now granted immunity from the
arbitrary exercise of powers under Article 356. The confrontation has ever since shaped the federal
relations between the Union and the states.
2. Some areas where this confrontation can be seen are:
a. States have expressed reservation over the misuse of the Concurrent List by the Centre
to usurp the exclusive domains of States. Ex: the passage of 3 Farm Bills by Centre
b. There have been growing instances of states challenging central statutes under
Article 131. Eg: the Kerala government moved against CAA.

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c. The use of provisions of cess and surcharge to reduce divisible pool (15% in 2019
vis-a-vis 6% in 2011), centrally-sponsored schemes, and differential interest rates for centers
and States.

The way forward to strengthen the federal structure in India is Collaborative Federalism, where the
Centre and States work in tandem within their exclusive domains and complement each other’s works.
Implementation of recommendations of the Punchhi and Sarkaria Commission can also improve the
condition and prevent disputes.

2. ‘The Governor’s office is neither decorative nor inconsequential, it assumes a

constitutional role of profound essence’ To what extent does the Governor actively
contribute to the governance of a state and reinforce the principles of federalism in the
country? (Answer in 150 words) 10 Marks

The executive power of the State Government is vested in the office of the Governor under Article 153 of
the Constitution. According to Dr. Ambedkar, though the Governor is merely a nominal head and there
are no functions that he can discharge by himself, there are certain duties under the Constitution that
the Governor has to perform to strengthen federalism and ensure good governance.

ROLE OF GOVERNOR IN GOVERNANCE AND STRENGTHENING OF FEDERALISM

1. Appointment of State Executive: Governor as the constitutional head of the State appoints
the Chief Minister and his Council of Ministers. In the case of a hung assembly, it is the
constitutional duty of the Governor to ensure a stable and widely popular Government in place.
2. Ensuring Compliance with Central Executive Direction: Governor ensures that
constitutional and policy directions from the Centre are followed in the state for effective
governance and strengthening federalism.
3. By Submitting Periodic Reports to the Center: Governor submits periodic reports to the
central government in order to ensure governance in the state is carried out in accordance with
the provisions of the constitution.
4. By Assuming Powers during Constitutional Breakdown: During the President's rule under
Article 356, all the powers of the state are vested in the governor to avoid a governance
vacuum.
5. By Acting as Linchpin of Federation: Governor acts as the common link between the
State and Union Government to promote cooperative federalism. He ensures that the state's
perspective and concerns are effectively represented at the Central Level.
6. Dispute Resolution: Governors often play a very crucial role in mediating issues that are a
point of contention between the Centre and States. For e.g., in the recent Belgaum Border Issue,
the Governors of Maharashtra and Karnataka ensured dialogue between the two States.
7. Ensuring Governance in Scheduled Areas: Governors in Scheduled Areas have an additional
responsibility to ensure that certain rules, acts, and provisions are implemented in consonance
with the socioeconomic, cultural, and political conditions of the area.
8. Bills Consideration: According to Article 200, when a Bill passed by the Legislature of a State
is presented to the Governor, he can not only assent or withhold assent or return bill but also can
preserve it for the president’s consideration. This ensures that there is no rushed up legislation
in the State Legislature.

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ISSUES IN THE FUNCTIONING OF THE OFFICE OF THE GOVERNOR

1. Biased and Partisan Functioning: Appointment of retired politicians and
bureaucrats aligned with the ruling party at the Centre as Governors who often Act as agents of
the Centre, especially in opposition-ruled States.
2. Interference with State Executive: Despite clear expectations of the Constitution and judicial
pronouncements such as Nebam Rabia Judgement 2016, there are instances when the
Governors have hindered the functioning of the State Government.
3. Misuse of Article 356: The President imposes State Emergency on the advice of the
Governor and his report. This has often led to the misuse of Article 356 to destabilize the
Government in opposition-led States. For e.g., SC flagged this in S.R. Bommai Case, 1994.
4. Stability of Government: Recent examples of Madhya Pradesh, Maharashtra show that
Governors play a very biased role in using power and discretion to form Government
in favour of a particular party.
5. Delay in Functioning: SC in the recent A.G. Perarivalan Case, 2021, stated that Governors
have often been delayed in performing their Constitutional role and duties which is against the
basic principle of justice, and equality.
6. Consideration of Bills: There are instances where Governors inadvertently delay the
passage of Bills by either withholding their assent or reserving the Bill for consideration by the
President. For e.g., Jallikattu legislation by Tamil Nadu.

However, despite challenges the post of Governor remains instrumental in ensuring effective
governance and strengthening the federal character of the country. Systemic reforms like the method of
appointments and security of tenure as recommended by the Sarkaria Commission can further help
governors to ensure a fair, t

3. The ‘Powers, Privileges and Immunities of Parliament and its Members’ as envisaged in
Article 105 of the Constitution leave room for a large number of un-codified and
unenumerated privileges to continue. Assess the reasons for the absence of legal
codification of the ‘parliamentary privileges’. How can this problem be addressed?
(Answer in 150 words) 10 Marks

Parliamentary privileges are defined under Article 105 of the Indian Constitution. The members of the
Parliament enjoy various privileges that are necessary for the functioning of proceedings and
deliberations in the parliament in a disciplined and undisturbed manner. These privileges are enjoyed
by both the members as well as the committees of the Parliament.

WHAT ARE THE REASONS FOR THE ABSENCE OF LEGAL CODIFICATION OF

PRIVILEGES
1. The Constitution which is the source of all privileges conspicuously allowed the
privileges of the House of Commons to continue in the same form for the Indian Parliament.
This tradition continued and privileges remained uncodified.
2. There is a certain reluctance on the part of the legislators to keep privileges uncodified.
Codification of privileges will make them subject to judicial review and restrict their
application.
3. As stated by the Supreme Court in P.V. Narasimha Rao vs. State JMM Boundary Case, the
freedom of speech given to members and committees of Parliament is absolute and not

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restricted by the restrictions of Article 19(2). This is a legal constraint on codification as

differentiation is difficult.
4. Parliament enjoys the privilege to punish a person for its contempt. Codification of this
privilege will be against the principle of Separation of Powers. Therefore, uncodified
privileges help maintain this principle.
5. Uncodified privileges allow flexibility to the members to adapt to the changing dynamics of
society. Codification might restrict this flexibility.
6. A single code of privileges is to be made applicable to Parliament as well as State
Legislatures to prevent ambiguities. This is a difficult task considering different parties
ruling different States.

SEVERAL INSTANCES HAVE CALLED FOR THE CODIFICATION OF PRIVILEGES

1. The Constitution confers this power to legislatures with the idea of protecting freedom of
speech in the House but it is often used to insulate elected members from fair criticism.
2. Courts are prohibited to inquire into proceedings of the house & thus it often leads to
abuse of authority. The Legislature, through its own Privilege Committee, is the sole judge in
these matters.
3. For e.g., in 1977, the 6th Lok Sabha expelled Mrs. Indira Gandhi from its membership and
sentenced her to jail for a week for committing contempt of the House while she was Prime
Minister.
4. In 2017, two editors of a tabloid were imprisoned for 1 yr and fined Rs. 10,000 for alleged
contempt of the Karnataka Assembly by publishing unfair criticism of the House.
5. Recently, the breach of privileges is used to suspend MPs from the House which leads to the
disenfranchisement of the constituencies that they belong to.

HOW TO ADDRESS THIS PROBLEM

1. The legislature must invoke this power sparingly, mainly to protect the independence of the
House and not to take away the liberty of critics.
2. Legislatures should clarify facts and refute misconceived criticism instead of using the
recourse of seeking imprisonment for contempt.
3. A proper codified law should be passed by the Parliament, defining when and where to use
this power and also limiting the power of penal action to fines only.
4. Use of this power should be brought under judicial purview and appeal should lie in High
Courts or Supreme Courts.
5. In the case of discussions on Bills which house things that can bring huge criticism but are
exigency of the hour, it shall take recourse to the provision of “Secret Sitting” instead of
using this extraordinary power afterward.
6. Justice M.N. Venkatachaliah heading the Constitution Review Commission also
recommended defining and delimiting the privileges for the free and independent functioning of
the legislature.
7. The Supreme Court in Keshav Singh’s Case held that any conflict arising between the
privileges and the fundamental rights would be resolved by adopting harmonious
construction.

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It is the duty of the Parliament not to violate any other rights which are guaranteed by the Constitution.
The members should also use their privileges wisely and not misuse them. The Parliament cannot adopt
every privilege that is present in the House of Commons but should adopt only those privileges which
accordingly suit our Indian democracy.

4. Unlike Rajya Sabha, the desirability of a second chamber at the state level is often
questioned on various grounds. Explain. (Answer in 150 words) 10 Marks

The Government of India Act, of 1935 established bicameral legislatures at the Provincial Level. As per
Article 169 Parliament may by law, abolish or create the Legislative Council of a State if the Legislative
Assembly of the State passes a resolution to that effect. Currently, six states, i.e., Bihar, Uttar Pradesh,
Maharashtra, Andhra Pradesh, Telangana, and Karnataka have a Legislative Council.

WHY DESIRABILITY OF THE SECOND CHAMBER AT THE STATE LEVEL IS

QUESTIONED

While the Rajya Sabha is the mandatory house as per Article 79 of the Constitution and has equal
powers with respect to ordinary and constitutional amendment bills, it also has certain special powers
as per Article 249 and 312 and represents states of the union in a federal polity. Legislative council's
desirability is often questioned because unlike Rajya Sabha it does not serve any real purpose as can be
seen from the following arguments:
1. Not an Effective Chamber: The Legislative Assembly can pass a Bill with or without the
recommendations of the Legislative Council, therefore there is no real authority available
with the Councils.
2. No Effective Delay: The role of Councils in preventing hasty and ill-conceived legislation can be
easily performed through the office of the Governor under Article 201 of the constitution.
3. Providing Space to Defeated Candidates: This practice denies effective representation to
people who are from diverse backgrounds as envisaged originally by the Constitution. For
e.g., in the UP Legislative Council, all 10 nominated members belong to the ruling party.
4. Ditto Chamber: More often than not, the members of the Councils owe their allegiance to
one party or another. This makes the councils a ditto copy of the Assemblies.
5. Burden on the Exchequer: For e.g., Rajasthan Government told the Standing Committee of
the Parliament that to establish a Legislative Council, an additional Rs. 100 crore is required, with
a recurring expenditure of Rs. 30 crore approximately.
6. Federal Issue: For example, a Bill on the abolition of the Tamil Nadu Legislative
Council has been pending in Parliament since 2010, owing to internal State politics which led to
the first formation and then abolition of the Council.
7. Representation to Graduates: The number of graduates was quite low in the early times of
independence. However, graduates are no longer a rare breed; also, with dipping
educational standards, a graduate degree is no guarantee of any real intellectual heft.
However, despite these drawbacks in states, it is present in this body that acts to prevent the hasty
passage of bills, to take considered views on issues without sensationalizing the issues, and
reduce the burden on assemblies.

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WAY FORWARD
1. The Parliamentary Committee recommended the formulation of a National Policy for the
formation and abolition of Councils based on the size and level of decentralization in the States.
2. The representation of the Councils should be reviewed according to the current scenario of
politics. Moreover, Panchayats must be given adequate representation.
3. Debates in Legislative Councils must be open to the public to have more engagement of citizens.
4. NCRWC recommended setting up a minimum number of sitting days for State Legislatures
including Legislative Councils.
5. Political people should not be elected or nominated on the seats reserved for academicians,
graduates, teachers, or people of eminent experience.

5. Examine the role of the Inter-state Council in promoting vertical (Centre-State) and
horizontal (inter-state) Intergovernmental cooperation and coordination. (Answer in 150
words) 10 Marks

Article 263 provides for the establishment of an Inter-State Council (ISC) “if at any time it appears to the
President that the public interests would be served by the establishment of such council”. This was done
in 1990 when the ISC was given permanent status by a presidential order on recommendations of the
Sarkaria Commission. The Council has established with the Prime Minister as the Chairman.

ROLE OF INTER-STATE COUNCIL IN PROMOTING VERTICAL COOPERATION

1. Cooperative Federalism: ISC provides a strong institutional framework to promote and
support cooperative federalism by providing recommendations for better policy
coordination.
2. Dispute Resolution: ISC provides a strong platform for discussion and resolution of
disputes between States and the Centre over policies, administrative decisions, etc.
3. Issues Discussion: ISC deliberates on issues where the Centre and States have common
interests.
a. For e.g., ISC in 2001 took a decision to establish a National Commission to Review the
Working of the Constitution (NCRWC) which was subsequently established under the
Chairmanship of Justice M.N. Venkatachaliah in 2001.
4. Implementation of Commission Recommendations: The ISC plays a crucial role in
deliberating and implementing recommendations of the Sarkaria and Punchhi Commission
to strengthen federalism and improve Centre-State relations.
5. Advisory Role in Policy Formulation and Execution: For e.g., ISC makes recommendations
on issues such as Centre-State financial relations, sharing of resources, planning and
development, and administrative reforms. These recommendations have the potential to shape
policies.
6. Regional Imbalances: ISC can address regional imbalances by focusing on the
development of backward regions and underserved areas. Through consultations and policy
recommendations, the council can encourage states to collaborate in uplifting economically weaker
regions and promoting inclusive growth.

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ROLE OF INTER-STATE COUNCIL IN PROMOTING HORIZONTAL COOPERATION

1. Inter-State Water Dispute: For e.g., in the Cauvery River Water Dispute, ISC provided a
platform for Karnataka, Tamil Nadu, and Kerala to discuss issues, and requirements in sharing
arrangements and come up with an amicable solution.
2. Policy Coordination: For e.g., ISC’s 2022 meeting discussed the cooperation between
various backward districts under the Aspirational District Programme which required
coordination between States.
3. Sharing of Best Practices: ISC provides a platform for states to share their best practices,
successful policies, and innovative initiatives. For e.g., in the recent ISC meeting, Ryutu Bandhu
was discussed as a model for supporting agricultural investment by farmers.
4. Information Sharing: For e.g., to reduce cross-border crimes and the movement of criminals
from one State to another, an integrated digital information-sharing platform can be established as
a wing under ISC.
5. Promoting Participation of Regional Parties: ISC provides a platform for regional parties to
take participation in policy formulation, implementation, and monitoring.
6. Collaborative Projects: ISC may identify areas of collaboration and cooperation among states
in sectors such as infrastructure development, agriculture, tourism, etc.

ISSUES WITH ISC

1. According to the 1990 Presidential Order, ISC was mandated to meet at least thrice every
year, but to date, only 11 meetings have been held.
2. Despite several issues between the Centre and States like the NEET issue, Agnipath
Scheme, and the deepening tussle between States and Governors, no ISC meeting was called to
discuss such contentious issues.
3. In 2020, Justice AP Shah mentioned that ISC has become obsolete and redundant which is a
violation of the spirit of Article 263 of the Constitution.
4. The terms of reference of ISC are restricted to only a few issues that restrict its scope.
5. Unlike the GST Council, there is no innovative voting pattern which makes it difficult to
arrive at decisions.

WAY FORWARD
1. There should be regular meetings of the Council without gaps. For e.g., there was a gap of 11
years between the 10th and 11th meetings of ISC.
2. The Council’s term of reference should be wide embracing the entire scope of clauses (b) and (c)
of Article 263. For e.g., the 11th ISC meeting in 2016 was given the task to discuss Aadhaar, DBT,
Quality of Education in States, and Internal Security.
3. Without an independent permanent secretariat, the Council will not be able to establish its
integrity, therefore an independent Council must be provided to ISC.
4. In addition to a Chairman, there should be a Vice-Chairman of the Council who shall be Chief
Minister of the State with a rotating term of 1 year.

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6. Any federal system is bound to have asymmetries, therefore special provisions are
essential not only to come together but to hold together. Discuss in the context of Indian
federalism. (Answer in 250 words) 15 Marks
Unlike the USA, the Indian federation is an ‘indestructible union of indestructible states’. Therefore, in
order to maintain the federal structure of the country and counter secessionist tendencies, it is desirable
and imminent to have special powers and asymmetric arrangements to accommodate diverse group
interests and identities.

ASYMMETRIES THAT ALLOWED THE COMING TOGETHER OF STATES

CONSTITUTIONAL ASYMMETRIES
1. The North-Eastern States which enjoy distinct ethnicity from the rest of India were given
special powers under Article 371 of the Constitution.
2. The special provisions include respect for customary laws, religious and social practices,
restrictions on the ownership and transfer of land, and restrictions on the migration of non-
residents to the state.
3. The formation of sub-State asymmetries can be also seen in the formation of Union Territories.
4. The States of Maharashtra, Gujarat, Assam, Manipur, Andhra Pradesh, Sikkim, Arunachal
Pradesh, and Goa under Article 371 have also been given certain special powers, to
address the specific asymmetries with regard to administration of tribal areas, intra-state regional
disparities, law and order situation.

ECONOMIC ASYMMETRIES
1. In order to prevent a Spain-like situation, where economic asymmetries have caused fissures
in the federation, the Indian Federation provides certain provisions to hold the Indian
States together.
2. The categorization of States into Special and Non-Special Category States, special
taxation provisions for States like Sikkim, etc. For e.g., Sikkim has the power to levy income tax.
3. This can also be observed in the Finance Commission’s transfer and grants which are based
on the socio-economic conditions of the States.
4. It is also observed in the Union’s Assistance Plans which are also according to the economic
status of the States.

OTHER FORMS OF ASYMMETRIES

1. Another recent example of resource distribution in an asymmetric manner is the allocation of
subsidized food grains to different states.
2. The central government has the discretion to allocate food grains for regions affected by
drought and flood, over and above the formula determined by it.
3. Another important policy instrument that can discriminate between the states is the policy
regarding the location of central public sector enterprises and their head office and
regional offices.

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WHY ARE THESE ASYMMETRIES NECESSARY

1. To address distinct issues of States like Maharashtra, Goa, Andhra Pradesh, etc. such as
administration of backward areas, intra-state regional disparities, law, and order situation.
2. To address the gaps in fiscal federalism that arise due to issues like centralization of
finances to the Union, revenue-expenditure mismatch in States, Centrally Sponsored Schemes,
issues with GST, etc.
3. To prevent secessionist tendencies as well as to address the inter-States as well as intra-States
disputes.
4. To accommodate the aspirations of regional parties in political as well as administrative
space.

According to Alexandrowicz, Indian federalism can be described as “federalism sui generis”. This means
that the current form of Indian federalism is organic and developed according to the dynamics of time
and political compulsions.

7. To what extent parliamentary committees have been effective in ensuring the

accountability of the executive? Justify your answer. (Answer in 250 words) 15 Marks

Parliamentary Committees (DRSCs) draw their authority from Article 105 (on privileges of Parliament
members) and Article 118 (on Parliament’s Authority to make rules for regulating its procedure and
conduct of business). They help in the true realization of the essence of Article 75(3) and Parliamentary
Democracy.

EFFECTIVENESS OF PARLIAMENTARY COMMITTEES IN ENSURING ACCOUNTABILITY

OF EXECUTIVE
1. Examination of Bills: Parliament Committees, examine Bills, and policies of the Government.
Committees allow for more informed debate in Parliament with inputs from citizens and
experts.
a. The Standing Committee on Health made recommendations on the National Medical
Commission Bill, 2017 which led to many amendments in the 2019 Bill including removing the
provision for allowing a bridge course for AYUSH practitioners.
2. Budgetary scrutiny: The Public Accounts Committee (PAC) and Estimates Committee
provide post-Budget scrutiny of the Budget. The report of the Public Accounts Committee
(PAC) in 2015 played a vital role in the investigation of the 2G Scam.
3. Department-Related Standing Committees: There are 24 DRSCs that oversee the work of
ministries, they examine the Budget of the ministries, and study demands to examine the
trends in allocations, spending by the ministries, utilization levels, and policy priorities.
a. In the 16th Lok Sabha, DRSCs examined 41 Bills, 331 Demands for Grants, 197 issues,
and published 503 Action Taken Reports.
4. Examination of Schemes: DRSCs also highlight lacuna and gaps in schemes and their
implementation. For e.g., the Standing Committee on Water Resources highlighted that
almost 49000 rural habitations are affected by contaminated water.
5. Undertaking Physical Monitoring: For e.g., the Standing Committee of Home Affairs
undertook visits to Jammu & Kashmir and Ladakh to examine in detail matters like the
abolition of Article 370 and its effect on administration, security, and developmental projects.

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6. Testify witnesses and officials: For e.g., the Standing Committee on Water Resources
pulled up the officials of the Assam Government for lack of proper compensation given to
flood, victims in Assam in 2018.
7. Effective Implementation of Article 75(3): Since it is easier to examine issues, policies,
schemes, and data in a smaller committee, this system is effective to establish the
accountability of the executive to the Parliament.
8. Improve Quality of Debates: Committees involve inputs and consult with expert witnesses,
stakeholders, and government officials. They can involve stakeholders who are actually the
potential beneficiaries of, that particular policy or scheme.

LACUNAS IN THE WORKING OF PARLIAMENTARY COMMITTEES

1. Not Mandatory: In the 16th Lok Sabha, only 27% of the Bills were referred to the
relevant Committees as against 60% in the 15th Lok Sabha. For e.g., the NJAC Bill, 2014,
and the recent 3 Farm Bills were not referred to the Committees resulting in hasty
legislation.
2. Too many ministries under one Committee: For e.g., Committee on Science & Technology
and Environment & Forests monitors the work of 5 Departments, and the Committee on
Human Resources Development monitors the work of 4 Departments.
3. Lack of Experts and Witnesses: Committees invite witnesses and experts at their own
discretion. For e.g., the DRSC that examined the Right to Education Bill, 2008, which
guarantees free education to all children ages six to 14, did not invite any expert witnesses.
4. Recommendations of the committees are not Binding: The recommendations of
committees, discussing the recommendations, or specifying the reasons for rejecting
certain recommendations are not mandatory.
5. Churn in Committee Membership: As the membership is only for a year, there is huge in
and out in Committees and very less time for MPs to get hold of things.
6. Numerous Reports: During the 16th Lok Sabha, DRSCs submitted 1,111 reports. On
average, DRSCs published one report in 1.8 sittings. It is difficult to evaluate the quality of
these deliberations as the time per report is very less.
7. No Effect on Policies: For e.g., despite several reports by the Standing Committee on Law
and Justice on Mediation Bill, 2021, the government made pre-litigation mediation
mandatory.

WAY FORWARD
1. Like the UK, all Bills except Money Bills should be mandatorily referred to DRSCs.
2. The attendance of MPs should be made compulsory in Committee meetings.
3. Options of virtual meetings must be present to ensure MPs attend the meeting regardless of their
presence in parliament.
4. There should be full-time, sector-specific staff available to the Committees. The Committees in
other countries such as the UK, USA, and Canada can retain specialist advisors.
5. There should be sufficient time available with the Parliament to examine and consider reports of
DRSCs, especially in the case of Demand for Grants.

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8. What were the primary considerations and factors that influenced India’s decision to
adopt a parliamentary system of government instead of a presidential system? Do you
think there is a gradual shift toward the presidentialization of Parliamentary democracy in
India? (Answer in 250 words) 15 Marks

The Parliamentary system of government refers to a system of government where the executive and
legislature are inter-connected and the former obtains its democratic legitimacy from and is held
accountable to, the legislature.

FACTORS THAT INFLUENCED INDIA TO ADOPT THE PARLIAMENTARY SYSTEM

1. Historical Bias: The type of government that functioned in India before independence in
1947 was very much similar to the British model of the Parliamentary system of government.
Therefore, the members of the Constituent Assembly decided to adopt this form of government for
independent India.
2. Accommodation of Diversity of Groups: In order to provide representation to each and
every diverse opinion, India adopted a Parliamentary form of government. This allowed people
like Dr. B. R. Ambedkar, Madan Mohan Malviya, and Jawahar Lal Nehru, all representing almost
divergent views to work together in one cabinet.
3. Stable Government: According to Dr. Munshi, India is a young democracy that could not afford
a deadlock between the legislative and executive branches as seen in the Presidential form of
government.
4. Continuous Accountability: Unlike the Presidential system, as the executive is accountable to
the Lok Sabha, this acts as a restraint on the abuse of powers by the executive if any.
5. Flexibility: The policies, Bills, and decisions of the executive can be easily gauged by the
Parliament and in case of loss of public support, or internal conflicts, tools like no-
confidence motion can be used to remove the government.

SHIFT TOWARD THE PRESIDENTIALIZATION OF PARLIAMENTARY DEMOCRACY 1.

1. Individual Responsibility: The performance of a government is gauged by the public on the
performance of its leader rather than the ruling party or alliance.
2. Kitchen Cabinet: Most of the decisions of the Council are taken by the cabinet which
consists of very few ministers who enjoy the confidence of the Prime Minister.
3. Centralised Policy Making: Most of the policies, plans, and implementation are
coordinated by one or two ministries with very limited stakeholders’ involvement.
4. Reduced Role of Parliament: Anti-Defection Law and its malfunctioning have reduced
the parliamentarians to agents of parties and they seldom involve themselves in proper discussion
and deliberation over issues.
5. Enhanced Role of Governors: For e.g., recently Tamil Nadu Governor dismissed a
minister from the Council of States without the recommendation of the Chief Minister. This gives
an impression of the Presidential form of government.
6. Policies: Policies like One Nation, One Election, One Nation, One Tax, etc. gives an overall
impression of a uniform system of government with almost coordinated and complementary views.
7. Voting Pattern: The voting pattern of common citizens is also such that they vote for
individuals rather than parties and their proposed policies.

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8. Lateral Entry: The policy of lateral entry of non-politicians into the Council of Ministers to
bring in more competent experts into policy-making is a feature that is becoming common in the
Indian parliamentary system.

NO COMPLETE BREAKDOWN OF THE PARLIAMENTARY SYSTEM IN INDIA

1. Regional Parties: The presence of regional parties in power in various States across India
is a testimony to the smooth functioning of the Parliamentary system of government in India.
2. Accountability of the Executive: In recent times, there have been instances where the
executive had to roll back certain decisions, policies, etc. owing to opposition and scrutiny
from the Parliament.
a. For e.g., the Data Privacy Bill was rolled back after the objections raised by the Parliamentary
Committee on IT.
2. Judiciary: The independence of the judiciary in India prevents expansion and abuse of
powers by the executive.
3. Alliances in Government: Since 1984, there have been alliances that have enjoyed
confidence in the Lok Sabha. For e.g., the ruling alliance got only 40% votes in the 2019
elections, the rest 60% was distributed among different parties.
India has enjoyed a stable and robust parliamentary form of government for the last 75 years. Though
there has been a certain in-principle shift to the Presidential system, the Parliamentary system still
holds strong.

9. “The dynamics of center-state relations in recent times reflect the ongoing tussle
between the pursuit of centralized decision-making and the demand for regional
autonomy.” Elucidate with examples, also suggest measures for better coordination.
(Answer in 250 words) 15 Marks
Supreme Court in S.R. Bommai Judgement, while recognizing the issues between the Centre-State
relations in India described “federalism” as a part of the Basic Structure of the Constitution. Indian
federalism in recent times is witnessing a struggle between the Centre and States over certain issues.
This is due to centralizing tendencies of the center while the states trying to wrest back certain
autonomy.

TUSSLE BETWEEN CENTRALIZED DECISION-MAKING AND REGIONAL AUTONOMY

1. Role of Governors: States have alleged that the office of the Governor is being used to
destabilize opposition-ruled States, interfere in the internal affairs of the States and impact
the working of governments in States.
a. For e.g., the recent tussle between the CM and Governor in West Bengal, the Tamil Nadu
Governor dismissing a minister from the Council without recommendations of the CM, etc.
2. Legislative Jurisdiction: The Centre has tried to expand its legislative competence
beyond that mentioned under the three Lists of 7th Schedule while States have expressed
reservations about the existing system of division of legislative powers.
3. Reservation of Bills for President: In the absence of any time limit for the President to
make a decision on reserved Bills, it is contended that there is scope for abuse of discretion
based on political considerations
a. For e.g., the recently passed NEET Bill by the Tamil Nadu Assembly was kept for
consideration and is still pending before the President.

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4. All-India Services: Since the Centre is the appointing authority, the States have argued
that the officers often disregard its policies and directions and work according to
directions of the Centre.
5. Fiscal Federalism: While the Centre has enjoyed centralization of finances, the States
have argued that their fiscal space has significantly reduced leading to problems like fiscal
profligacy, revenue-expenditure mismatch, and fiscal deficit.
6. Redefinition of Boundaries: The recent example of the Reorganisation of J&K into 2
Union Territories also brought criticism as misuse of Article 3 of the Constitution which
allows the Parliament to reduce the area of any State, alter its boundaries and change its name.

MEASURES FOR BETTER COORDINATION

1. The role of the Governor should be clearly defined and demarcated. The Governors must
be appointed after consultation with the States so as to improve coordination between the
Governor and the Council of Ministers.
2. In case of competing or overlapping jurisdiction, a process of mutual consultation and
cooperation has to be put in place.
3. Ordinarily, the Union should occupy only that much field of a concurrent subject on which
uniformity of policy and action is essential in the larger interest of the nation leaving the
rest for the State.
4. Adequate consultation among States and Centres by the mechanism of ISC or NITI
Aayog should precede the policies, proposals, and other legislative and executive decisions.
5. The period of six months prescribed in Article 201 for the State Legislature to act when
the Bill is returned by the President can be made applicable to the President.
6. The fiscal space of the States must be expanded and complemented in order to improve
their fiscal competence.
7. The local bodies are in dire need of building capacities and strengthening the
planning process in order to promote decentralization of decision-making.
These steps can ensure a prudent mix of competitive, cooperative, and deliberative federalism in place for
the Indian polity.

10. S.R. Bommai v. Union of India signified a paradigm shift in the judicial interpretation
of the union’s authority to assume control of a state’s administration.’ In this context
discuss the significance and impact of the judgment on cementing the federal structure.
(Answer in 250 words) 15 Marks

India adopted a federal polity in order to efficiently govern such a vast and diverse country. However,
the model of federation adopted by the Indian Constitution is said to be “quasi-federal” with a strong
center. A strong center provides for the imposition of the President’s Rule at times of constitutional
emergency under Article 356.

S.R. BOMMAI JUDGEMENT

The frequent dismissal of State Governments ruled by opposition parties by imposing President’s Rule led
to distortion in Indian Federalism and created a trust deficit between the Centre and States.

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Hence, the Supreme Court in SR Bommai Judgement 1994 delivered a judgment that signified a
paradigm shift from the unrestricted application of the President’s rule to settle political scores to the
limited and constitutionally valid application of Article 356 in the interest of the people of States. In this
judgment, the court stated:
1. The power of the President to dismiss a State government is not absolute and subject to
judicial review. The Court said the President should exercise the power only after his
proclamation (imposing his/her rule) is approved by both Houses of Parliament.
2. Supreme Court observed that the dissolution of the Legislative Assembly is not a matter
of course. It should be resorted to only where it is found necessary for achieving the purposes of
the Proclamation.
3. The verdict also categorically ruled that the floor of the Assembly is the only forum that
should test the majority of the government of the day, and not the subjective opinion of the
Governor, who is often referred to as the agent of the Central government.

SIGNIFICANCE AND IMPACT OF THE BOMMAI CASE ON THE FEDERAL STRUCTURE OF

INDIA
1. Use in last resort: After the Supreme Court's Judgment in the S. R. Bommai Case, in 1994 it is
well settled that Article 356 is an extreme power and is to be used as a last resort in
cases where it is manifest that there is an impasse and the constitutional machinery in a State has
collapsed.
2. Not absolute power: The Supreme Court observed the power conferred by Article 356 upon the
President is a conditioned power. It is not an absolute power. The existence of material
that may comprise of or include the report(s) of the Governor is a pre-condition for the
application of Article 356.
3. No Automatic Dissolution: President shall dissolve the Legislative Assembly only after the
Proclamation is approved by both Houses of Parliament and not before. Until such
approval, the President can only suspend the Legislative Assembly.
4. State Government: The judgment held that the dismissal of the State Government cannot be
done without a chance to prove confidence on the floor of the Assembly notwithstanding
the opinion of the Governor to ensure the stability of the State government against political
vendetta.
5. Safeguard: Clause (3) of Article 356 is conceived as a check on the power of the
President and also as a safeguard against abuse. In case both Houses of Parliament
disapprove or do not approve the Proclamation, the Proclamation lapses at the end of the two-
month period.
6. Power to the judiciary: The Judgement gave power to the Supreme Court to reinstate the
dismissed State Government and suspend Assemblies if malafide intentions are
established in the application of the President’s Rule.
7. Evidence: Article 74(2) merely bars an inquiry into the question of whether any and if so, what
advice was tendered by the Ministers to the President. It does not bar the Court from calling
upon the Union Council of Ministers to disclose to the Court the material upon which the
President had formed the requisite satisfaction.

WAY FORWARD
1. A warning should be issued to the errant State, in specific terms, that it is not carrying on the
governance of the State in accordance with the Constitution.

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2. In a situation of political breakdown, the Governor should explore all possibilities of having a
government enjoying majority support in the Assembly before recommending the application of
the President’s rule.
3. Every proclamation should be placed before each House of Parliament at the earliest, in any case
before the expiry of the two months period contemplated in clause (3) of Article 356.
4. Safeguards corresponding, in principle, to clauses (7) and (8) of Article 352 should be
incorporated in Article 356 to enable Parliament to review the continuance in force of a
proclamation.
5. The Governor's report, on the basis of which a proclamation under Article 356(1) is issued, should
be given wide publicity in all the media and in full and placed before the parliament.

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