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Subject: Federalism

  • The fiscal tightrope for State Governments

    Why in the News?

    Kerala and Tamil Nadu recently released White Papers describing their outstanding government debt as alarming. This has revived the debate on whether State debt reflects fiscal mismanagement or a structural mismatch between States’ welfare responsibilities and their limited fiscal capacity.

    Why do State governments face a persistent fiscal squeeze despite bearing the bulk of welfare spending?

    1. Vertical fiscal imbalance: The Union government holds the larger share of taxation powers. State governments bear a larger share of overall government spending. Vertical fiscal imbalance: mismatch between a government tier’s revenue powers and its expenditure responsibilities.
    2. Welfare-heavy State budgets: State spending is concentrated in health, education, agriculture, and irrigation. These sectors directly affect livelihoods.
    3. Kerala and Tamil Nadu’s social spending record: Per capita State social expenditure was 30% higher in Kerala and 20% higher in Tamil Nadu than the all-India average (2020-23). It was 35% lower in Bihar and 40% lower in Uttar Pradesh.
    4. Kerala’s own tax effort: Kerala’s per capita own-tax revenue was 1.5 times the national average, driven mainly by SGST and sales tax.
    5. Skewed devolution: Kerala received 1.92% of Union tax devolution in 2023-24. Its population share was 2.6%.
    6. Composition of Kerala’s expenditure: Salaries took up about a fifth of the budget, pensions 15.3%, and interest payments 16.5%. Only 10% of expenditure went to capital expenditure. Capital expenditure: spending that creates productive assets, as against revenue expenditure on salaries, pensions and subsidies.

    Does Kerala’s fiscal stress reflect mismanagement, or an unresolved conflict between protecting welfare gains and financing future growth?

    1. The retrenchment trap: Cutting pensions or retrenching employees would create fiscal space. It would also erode Kerala’s social sector strengths.
    2. The investment deficit: Kerala needs large-scale, State-directed investment in infrastructure, higher education, research, and public transport. This investment is necessary to compete in knowledge-intensive sectors.
    3. Outmigration of talent: Educated youth are leaving Kerala in large numbers. The State cannot create matching educational and employment opportunities.
    4. The affluence paradox: Kerala’s weak public fiscal capacity coexists with visible private affluence, large houses, expensive cars, and a high density of gold shops. This gap threatens to widen inequality.

    Is Kerala’s fiscal constraint a resource problem or an allocation problem?

    1. Low credit-deposit ratio: Kerala’s credit-deposit ratio was around 66% in 2023. The national average was 76%, and Maharashtra and Tamil Nadu exceeded 100%. Credit-deposit ratio: share of a bank’s deposits that it lends out as credit in the same region.
    2. Unutilised savings: Deposits in excess of credit disbursed in Kerala rose from ₹1,388 billion in 2016 to ₹1,906 billion in 2020 and ₹2,792 billion in 2026.
    3. Foregone investment: Kerala’s actual public investment stood at ₹1,134 billion. Potential additional investment financeable from this surplus stood at ₹1,404 billion.
    4. Doubling potential: Kerala’s capital expenditure could have at least doubled between 2016 and 2026 had surplus savings been channelled into investment.

    What does China’s local government financing model reveal about the limits of India’s system?

    1. China-local government bonds (LGBs): Chinese provinces and lower-level governments finance the bulk of investment-led growth through local government bonds. These draw on large domestic bank savings.
    2. China-local government financing vehicles (LGFVs): Off-budget borrowing through LGFVs supplements fiscal transfers. LGFV: an entity set up by a local government to raise off-budget debt for infrastructure projects.
    3. China-centrally coordinated planning: Local borrowing and investment are coordinated through central government planning, keeping decentralised borrowing aligned with national goals.
    4. China-low cost of local borrowing: Chinese local governments borrow from their banking system at around 2%.
    5. India-costlier State Development Loans (SDLs): Indian States pay 6.5% to 7.5% interest on SDLs. SDL: a market security issued by State governments to raise loans. This rate is 0.25 to 0.75 percentage points higher than the Union government’s borrowing rate.

    Should State debt be treated as a liability or as an investment in citizens?

    1. Domestic ownership of debt: State and Union bonds are largely held by domestic commercial banks and insurance companies.
    2. Debt as debt to own people: These institutions channel citizens’ savings into government bonds. The government’s debt is effectively owed to its own people, not external creditors.
    3. Welfare-expanding borrowing: A government that borrows to expand welfare and opportunity serves a larger public purpose than a tight-fisted government.
    4. The reform gap: No fiscal structure currently allows State governments to access domestic savings easily and cheaply for planned development projects.

    Conclusion

    State government debt is not primarily a symptom of profligacy. It reflects a structural mismatch between the Union’s concentration of taxation powers and States’ disproportionate share of welfare and development spending. India worsens this mismatch, unlike China, by failing to channel abundant domestic savings into cheaper, State-directed investment. Fiscal reform must lower the cost and ease the terms of State borrowing, not merely discipline State expenditure.

    PYQ Relevance

    [UPSC 2015] Though the federal principle is dominant in our Constitution and that principle is one of its basic features, it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre. Discuss.

    Linkage: It examines the constitutional design of Indian federalism, including financial powers and Centre-State fiscal relations. The article argues that States bear major expenditure responsibilities but have limited revenue and borrowing autonomy, highlighting the fiscal imbalance within India’s federal structure.

  • From the resolution of contentious issues regarding distribution of legislative powers by the courts, ā€˜Principle of Federal Supremacy’ and ā€˜Harmonious Construction’ have emerged. Explain.

    As per Ivor Jennings, India is ā€œa federation with a strong centralising tendency.ā€ The 7th Schedule is a reflection of this tendency.

    Contentious Issues regarding Distribution of Legislative Powers

    Concurrent List repugnancy – Eg- Education (Concurrent List, Entry 25) – Centre’s NEET law vs Tamil Nadu’s opposition to it.

    Residuary powers with the Union

    Under Article 249, Rajya Sabha can empower Parliament to legislate on State List subjects. Eg- Essential Commodities Act (food items, agricultural produce).

    During National Emergency (Art. 250) or President’s Rule (Art. 356), Parliament can legislate on State subjects.

    Principle of Federal Supremacy

    In cases of irreconcilable conflict, Union law prevails over State law.

    Judicial Validation

    Union of India v. H.S. Dhillon (1972) – Parliament has residuary powers.

    State of Karnataka v. Union of India (1977) – Union’s primacy in matters of national importance.

    State of West Bengal v. Union of India (1963) – SC upheld Parliament’s power to acquire State property.

    Zameer Ahmed Latifur Rehman Sheikh v. State of Maharashtra (2010) – SC ruled that a central money laundering law overrides conflicting State law under Article 254(1).

    Protects national unity and uniformity in crucial subjects.

    Principle of Harmonious Construction

    Courts attempt to reconcile conflicts so that both Union and State laws can function simultaneously.

    Judicial Validation

    In C.B. Boarding and Lodging v. State of Mysore (1970), the SC upheld the State’s power to levy tax on lodging houses, even though taxation on income was a Union subject.

    State of Rajasthan v. G. Chawla (1959) – Both Centre and State laws upheld through harmonious interpretation.

    Hoechst Pharmaceuticals v. State of Bihar (1983) – Repugnancy avoided through reconciliation.

    Preserves federal balance and safeguards state autonomy.

    ā€œFederalism is not a monolith; it is a dialogue between self-rule and shared rule.ā€ Both Union & States are creatures of the Constitution

  • Indian Constitution exhibits centralising tendencies to maintain unity and integrity of the nation. Elucidate in the perspective of the Epidemic Diseases Act, 1897; The Disaster Management Act, 2005 and recently passed Farm Acts.

    According to Paul Brass ā€œIndian federalism is highly centralized, designed more to maintain unity than to promote autonomy.ā€

    Centralising Tendencies in the Indian Constitution

    Legal (Constitutional & Legislative)

    Residuary Powers (Art. 248, Entry 97 Union List) – Vested in Parliament, not States.

    Dominance of Union List (Art. 246) – 100 subjects; State List is narrower.

    Concurrent List (Art. 254) – Union law prevails in case of conflict.

    Emergency Provisions (Arts. 352, 356, 360) – Centre can override State powers.

    Parliament can legislate on State subjects under Art. 249.

    Governor’s Role (Art. 200, 201)

    Administrative

    All-India Services (Art. 312)

    Office of Governor – Agent of Centre in States

    Union’s directions to States (Arts. 256-257) – States bound to ensure compliance with Union laws.

    Deployment of Armed Forces

    Financial

    Centralised Finance – Major revenue sources (income tax, customs, excise, GST) with Union.

    Borrowing restrictions (Art. 293) – States require Centre’s consent to borrow.

    Cess and surcharges (Art. 270) not shared with States (Eg- Education Cess, Health Cess)

    GST regime – Erodes States’ fiscal autonomy.

    Centralising Tendencies in Indian Constitution

    Epidemic Diseases Act, 1897

    Public Health is a State List subject (Entry 6, List II), but the Centre can issue uniform guidelines.

    Empowers Centre to declare any disease as epidemic.

    Union can issue regulations for prevention and containment.

    Authority to restrict movement and detain individuals during epidemics.

    Centre can override conflicting State laws.

    Disaster Management Act, 2005

    Law and order and public health are primarily State subjects, but Act was used to declare nationwide lockdowns, interstate movement controls, and essential supply chains during COVID-19.

    State Disaster Management Authorities (SDMA) include central representatives.

    Union controls allocation and distribution of resources across States.

    Centre can override States’ decisions in disaster response.

    National Response Force primarily drawn from central armed forces.

    Farm Acts, 2020 (repealed in 2021)

    Though Agriculture is a State List subject, Parliament legislated under Concurrent List (Entry 33).

    Weakened State APMC mandis by allowing farmers to sell outside their jurisdiction.

    Dispute resolution mechanisms

    Gave Centre greater control over regulation of essential commodities.

    Enhanced central role in agri-marketing and e-marketing of produce.

    Analysis of Centralising Tendencies

    ā€œFederalism is not a monolith; it is a dialogue between self-rule and shared rule.ā€ Thus, such Acts must be exercised with consultation and cooperation.

  • How far do you think cooperation, competition and confrontation have shaped the nature of federation in India? Cite some recent examples to validate your answer.

    As per Rajeev Bhargava, Indian federalism is ā€œmulti-layered federalismā€, involving cooperation, competition and confrontation.

    Cooperation – Building Cooperative Federalism

    GST Council (2017-present)– Example of Centre-State cooperation in indirect tax reform.

    NITI Aayog– Platform for policy collaboration on health, education, climate, and SDGs.

    COVID-19 Pandemic (2020-21)– Joint management of lockdowns, vaccination drives, and health protocols.

    National Education Policy 2020– Designed through Centre-State consultations.

    Competition – Driving Competitive Federalism

    Ease of Doing Business rankings by DPIIT– States competing to attract investment.

    Investment Summits – Gujarat (Vibrant Gujarat), UP (GIS 2023)

    NITI Aayog Indices – Eg- SDG Index, Health Index etc

    Tourism branding – Kerala (eco-tourism), MP (wildlife), Odisha (sports tourism)

    Confrontation – Political and Constitutional Tensions

    Delhi vs Union (2018 & 2023 SC rulings, GNCTD Amendment Act 2023)– Tussle over control of services and administration.

    Farm Laws (2020-21 protests)– States like Punjab opposed Union laws encroaching on agriculture.

    NEET & Education policy– Tamil Nadu contesting Centre’s dominance in education, a Concurrent List subject.

    Governor-State conflicts– Frequent in Kerala, West Bengal, and Tamil Nadu over assent to bills.

    Fiscal confrontations– Disputes over GST compensation cess (2020-22).

    Centrally sponsored schemes– States complain of shrinking fiscal autonomy due to high tied grants.

    ā€œFederalism is not a monolith; it is a dialogue between self-rule and shared rule.ā€ Both Union & States are creatures of the Constitution

  • Explain the significance of the 101st Constitutional Amendment Act. To what extent does it reflect the accommodative spirit of federalism?

    The 101st Constitutional Amendment Act, 2016 introduced the Goods and Services Tax (GST) with effect from July 1, 2017. It was a landmark tax reform aimed at creating a ā€œOne Nation, One Tax, One Marketā€ framework.

    Significance of the 101st Amendment Act

    Unified Taxation System – Subsumed 17 central & state taxes and 23 cesses, removing cascading effects.

    Expansion of Tax Base – Taxpayers increased from 66 lakh (2017) to over 1.5 crore (2024).

    Revenue Growth – Tax base rose from over a decade (CAGR 14.4%); average monthly collections near .

    Economic Efficiency – Eliminated cascading effects of taxation and reduced compliance costs.

    Household Savings – Reduced overall tax burden, saving families ~4% on monthly expenses.

    Ease of Doing Business – Unified national market and reduced transport time by 33%, improving efficiency.

    Digital Governance – GSTN ensured transparency, compliance, and reduced evasion.

    GST Reflecting the Accommodative Spirit of Federalism

    Institutionalised Cooperative Federalism – The GST Council (Art. 279A) is a federal forum of Union and State Finance Ministers deciding by consensus (3/4th majority).

    Pooled Sovereignty – Both Union and States share taxing powers under Article 246A, representing co-ownership of fiscal authority.

    Balanced Federal Approach – Dual GST (CGST + SGST) integrates economies while maintaining State autonomy.

    Fiscal Balance – Provided States 5-year compensation for revenue loss, cushioning transition.

    Special Provisions – Petroleum, alcohol, electricity kept outside GST, respecting States’ revenue needs.

    Challenges

    Complex multi-tier rate structure increases compliance burden.

    Frequent rate revisions affect business stability.

    GST Council decided to do away with the compensation cess

    Revenue shortfalls weaken State finances.

    Centre’s Dominance – Weighted voting gives Centre 33%.

    Way Forward

    Revive National Anti-Profiteering Authority to ensure rate cuts are passed on to customers

    Periodic technological upgrades in GSTN.

    Strengthen dispute resolution mechanism within GST Council.

    As the Supreme Court (Mohit Minerals, 2022) clarified, GST Council recommendations are not binding, reaffirming that India’s federalism is based on cooperation, not coercion.

  • What changes has the Union Government recently introduced in the domain of Centre-State relations? Suggest measures to be adopted to build the trust between the Centre and the States and for strengthening federalism.

    As per Granville Austin, India is a ā€œcooperative federalismā€ model, where Centre and States are bound in a ā€œseamless webā€ to achieve socio-economic revolution. The recent changes highlight the spirit of ā€˜competitive-cooperative federalism’.

    Recent Changes in Centre-State Relations

    Legislative

    Farm Acts, 2020 – Parliament legislated in agriculture (State subject) under Concurrent List.

    GNCTD (Amendment) Act, 2021 – Enhanced LG’s powers in Delhi.

    All India Services rules amendment – Greater Centre control over deputation/discipline.

    Executive / Institutional

    Governor-State tensions – Delayed assent to bills (TN, Kerala, WB).

    Pandemic handling – Centralised lockdown and restrictions.

    Revival of Inter-State Council

    NITI Aayog – Replaced Planning Commission

    Financial

    15th Finance Commission – New devolution formula using 2011 census and performance criteria.

    GST Council – Extended GST compensation cess.

    Rise in cess & surcharges – increased from 10.4% in 2011-12 to 20% in 2021-22.

    Conditional borrowing – Linked to reforms under FRBM/Art. 293.

    Issues in Centre-State Relations

    Financial Issues

    Cesses & surcharges not shared with States.

    Special category status demand – Bihar, Andhra Pradesh.

    Finance Commission TOR – (e.g., use of 2011 Census penalising southern States).

    GST regime – Delayed compensation, reduced fiscal autonomy.

    Administrative Issues

    Governor’s appointment & dismissal (Art. 156) – Often politically motivated

    Control over All India Services

    Central agencies’ overreach – CBI, ED, NIA operating in States without consent.

    Legislative Issues

    Encroachment on State List – use of Epidemic Diseases Act, 1897 and Disaster Management Act, 2005 in public health (a State subject).

    Measures to Build Trust & Strengthen Federalism

    Sarkaria Commission (1983-88)

    Inter-State Council (Art. 263) to be activated as a permanent forum for consultation.

    Governor’s role – should be impartial; appointment in consultation with CM.

    Centre’s use of Art. 356 – to be a measure of last resort.

    All India Services – joint consultation in rules of recruitment, posting, and deputation.

    Punchhi Commission (2007-10)

    Clear guidelines for Governor’s office – fixed tenure, limited discretion, no arbitrary withholding of assent to bills.

    Concurrent List – reduce overlap by greater consultation before Union laws are enacted.

    National Commission to Review the Working of the Constitution (NCRWC, 2000)

    Decentralisation – strengthen local bodies and fiscal devolution.

    Inter-Governmental Forums – regular meetings between PM and CMs to resolve disputes.

    Second Administrative Reforms Commission (2nd ARC, 2005-09)

    Neutral federal institutions – e.g., CBI under Lokpal for credibility, not political misuse.

    Fiscal federalism – ensure predictability in devolution; reduce tied grants in Centrally Sponsored Schemes.

    Finance Commission Recommendations

    Suggested GST Council as a true federal forum for resolving fiscal disputes.

    ā€œFederalism is not a monolith; it is a dialogue between self-rule and shared rule.ā€ Thus, such Acts must be exercised with consultation and cooperation.