GS2 · 10 marks · 150 words

The Supreme Court of India has upheld unique asymmetry in India's federalism by intricately balancing centralized authority and regional autonomy. Discuss with the help of relevant case laws.

Answered by 6 toppers · CSE 2024

FederalismCentre-State RelationsJudiciary

Syllabus: Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein.

How toppers approached it

From all 6 answers · about 160 words · 33% drew a diagram.

Opening

  • No separate opening50%
  • A definition17%
  • A constitutional or legal provision17%
  • A quotation17%

Body

  • Points83%
  • Points and prose17%

Close

  • A summary67%
  • A source17%
  • A way forward17%

The toppers’ answers

Sanskriti TrivedyAIR 17 · CSE 2024 · 165 wordsTheir whole copy

Opening · a definition

Indian federalism has been described as 'Quasi Federal' by K.C. Wheare; judiciary being true protector of constitution has given decisions on federalism.

Body · points

Centralised Authority is upheld as

  1. As Indian unique history needed unique treatment of powers
  1. S.R. Bommai case gave prominence to our federal structure and suggested no changes.
  1. Governor's no independent role (Shamsher Singh case)
  1. Upheld 370 abolition as centre has powers to re-arrange (J&K case)
  1. Has upheld reforms like GST and demonetisation as per centre's power.

But regional autonomy also adhered as -

  1. Said that states are not mere appendages but independent in their unique fields (SR Bommai case)

  2. Gave guidelines for restricted use of article 356 (SR Bommai case)

  3. Governor office said not just central office; but to work for state (Rajlukshmi Tilak case)

  4. Gave rights to states to tax and also seek royalty from mineral (2024 case)

Close · a summary

Thus judiciary is a plank to ensure the balance of our cooperative federalism (Granville Austin)

More on Federalism

The federal structure, its asymmetries and the balance the Constitution strikes.

All GS2 questions on Federalism