UPSC Mains 2019 GS2 Q4 — Federal Structure
From the resolution of contentious issues regarding distribution of legislative powers by the courts, ‘Principle of Federal Supremacy’ and ‘Harmonious Construction’ have emerged. Explain.
Question Decoded — examiner's intent
- Directive verbs
- Explain
- Scope keywords
- resolution of contentious issuesdistribution of legislative powerscourtsPrinciple of Federal SupremacyHarmonious Construction
- Implicit sub-parts
- Define the constitutional basis for legislative conflicts between Union and State lists.
- Explain the 'Principle of Federal Supremacy' as a tool for resolving deadlocks under Article 246.
- Explain the 'Doctrine of Harmonious Construction' as a technique to reconcile overlapping entries without invalidating laws.
- Illustrate both principles with landmark judicial precedents (e.g., Gujarat University case or West Bengal v. Union of India).
- Common pitfalls
- Confusing 'Harmonious Construction' with 'Pith and Substance' or 'Colorable Legislation'.
- Failing to mention Article 246(1) and (3) which establish the non-obstante clause.
- Writing a generic essay on federalism instead of focusing on the specific judicial interpretative tools mentioned.
- Omitting the 'reconciliatory' nature of Harmonious Construction, which is meant to prevent making any entry redundant.
- Dimensions required
- ConstitutionalJudicial/InterpretativeLegislativeFederal
- Marks allocation hint
Dedicate 20 words to the constitutional framework of the Seventh Schedule. Allocate 50 words to explaining Federal Supremacy through Article 246, 50 words to explaining Harmonious Construction as a balancing act, and the final 30 words to specific case law and a concluding summary on judicial stewardship of federalism.
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