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SECTION B
Essay
125 marks

Cooperative federalism: Myth or reality.

WRITE IN
90 min
1,000–1,200 words

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Reading the topic

Cooperative federalism means the Union and states working as partners rather than rivals. The examiner expects an evaluation of whether India's practice matches this ideal, weighing joint institutions and shared crisis response against central dominance through Governors, Article 356, conditional schemes and agency use.

ThesisCooperative federalism is real in shared institutions and crisis response, but remains incomplete because the constitutional tilt towards the Union lets politics override partnership.

Dimensions to cover

  1. 1Constitution: India is a union of states with a strong centre, so cooperation depends on convention as much as text
  2. 2Institutions: bodies like the Inter-State Council and zonal councils exist but meet rarely, weakening structured dialogue
  3. 3Crisis response: the Covid-19 response under the Disaster Management Act showed joint action but also central directives that states resented
  4. 4Governors: delays in assent to state bills have become a major friction point
  5. 5Development: programmes ranking districts and states encourage competitive federalism, a cooperative spirit with incentives
  6. 6Politics: when different parties rule the Union and a state, conflicts over agencies and funds sharpen

Counter-view

  • Some argue cooperative federalism is a myth since the Union dominates. The essay should show the record is mixed, with real cooperation where institutions exist and conflict where discretion rules

Open and close

  • Open: Open with a state health minister in April 2020 waiting for a Union order to reopen local markets she knows best
  • Close: Conclude that cooperative federalism becomes reality when the Union treats states as partners through regular institutions, not occasional goodwill

Where marks usually go

  • Repeating the GST Council as the only example of cooperation
  • Taking an extreme position of myth or reality without nuance
  • Ignoring constitutional design and writing only on recent political controversies

Examples that fit

  • CaseS.R. Bommai v Union of India (1994) limited misuse of Article 356 and held federalism part of the basic structure.Supreme Court of India, S.R. Bommai v Union of India, 1994
  • HistoryThe Sarkaria Commission of 1988 recommended an active Inter-State Council and restraint in using Article 356, still largely unimplemented.Report of the Sarkaria Commission on Centre-State Relations, 1988
  • CaseThe GST Council, created by the Constitution (101st Amendment) Act, 2016, makes the Union and every state decide indirect tax rates together, pooling fiscal sovereignty.Constitution (One Hundred and First Amendment) Act, 2016; GST Council
  • CurrentIn 2025 the Supreme Court took up Governors' delays in assenting to Tamil Nadu bills and then a Presidential reference under Article 143 on the same question.Supreme Court of India, State of Tamil Nadu v Governor of Tamil Nadu, 2025
  • CaseThe Covid-19 lockdown of 2020 was imposed under the Disaster Management Act, 2005, centralising decisions on a state subject like public health.Ministry of Home Affairs orders, March 2020