UPSC CSE 2026 Essay Paper Discussion
GS Paper 2 12.5 marks · 200w 14 min Medium

Though the federal principle is dominant in our Constitution and that principle is one of its basic features, but it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre, a feature that militates against the concept of strong federalism. Discuss.

Subtopic: Constitution & Polity · federalism and Centre-State relations

Model answer outline

How to structure your answer

Introduction → federal features and Bommai's basic-structure holding → catalogue the pro-Centre tilt: Articles 1-3, legislative and emergency dominance, Governors, AIS, fiscal centralisation → framers' rationale (partition, integration, planning; Ambedkar and Wheare) → Conclusion: cooperative correctives
Full model answer

Detailed model answer

242 words · target 200 words · 14 min

Introduction

The Constitution creates a dual polity with a division of powers under the Seventh Schedule, an independent judiciary and constitutional supremacy—unmistakably federal features. In S.R. Bommai v. Union of India (1994), the Supreme Court held federalism to be part of the basic structure. Yet the same document deliberately arms the Centre with overriding powers.

The pro-Centre tilt

  • Article 1 creates an indestructible Union of destructible States; Parliament can redraw State boundaries under Article 3 without State consent.
  • Legislative dominance: Union List primacy and the repugnancy rule (Article 254), residuary powers with the Centre (Article 248), and Rajya Sabha's power to open State subjects to Parliament (Article 249).
  • Emergency provisions (Articles 352, 356, 360) can render the polity virtually unitary; Article 356 was widely misused until Bommai imposed judicial checks.
  • Centrally appointed Governors and reservation of State Bills (Articles 200-201), All India Services (Article 312), single citizenship and a single Constitution.
  • Fiscal centralisation: States depend on Finance Commission transfers, need Central consent to borrow (Article 293), and cesses and surcharges remain outside the divisible pool.

Why the framers chose this design

Partition, integration of princely states and planned development demanded a strong Centre. Ambedkar defended a Constitution 'both unitary as well as federal according to the requirements of time and circumstances'; K.C. Wheare called it 'quasi-federal'.

Conclusion

Indian federalism is thus centralised by design yet federal in its basic identity. Institutions like the GST Council, respect for fiscal shares, and judicial policing of Article 356 and Governors' conduct must keep the balance from tipping into centralism.

Key points

What an examiner expects to see

  • Establish the federal baseline: dual polity, Seventh Schedule division, independent judiciary, constitutional supremacy
  • S.R. Bommai (1994): federalism is basic structure and Article 356 is judicially reviewable
  • Articles 1-3: indestructible Union of destructible States; boundaries alterable without State consent
  • Legislative tilt: Articles 246/254 Union primacy, 248 residuary powers, 249 Rajya Sabha route into the State List
  • Emergency architecture (352, 356, 360), Governors and Articles 200-201, and All India Services under Article 312
  • Fiscal centralisation: Article 293 borrowing consent, dependence on transfers, cesses outside the divisible pool
  • Framers' rationale: partition, princely integration, planning — Ambedkar's 'unitary as well as federal' defence; Wheare's 'quasi-federal' label
Examples to use

Concrete cases, schemes and judgments

  • S.R. Bommai v. Union of India (1994) on Article 356 and federalism as basic structure
  • State of West Bengal v. Union of India (1963) affirming that Indian federalism is not one of coordinate sovereignty
  • Creation of Telangana (2014) under Article 3 despite the Andhra Pradesh Assembly's opposition
  • GST Council as a functioning forum of pooled sovereignty
  • Punchhi and Sarkaria Commission recommendations on Governors and Article 356
Keywords / terms

Terminology to weave into the answer

quasi-federalbasic structurerepugnancycooperative federalismArticle 356divisible pool

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