Discuss the possible factors that inhibit India from enacting for its citizens a uniform
civil code as provided for in the Directive Principles of State Policy.

GS 2
Indian Polity
2015
12.5 Marks

Recent constitutional developments and evolving Centre-State dynamics have highlighted the urgent need for cooperative federalism to address structural inadequacies in India's federal framework.

Drawbacks in Existing Federal Structure

Fiscal Imbalances and Resource Distribution

  • Vertical Imbalance: States collect only 38% of total revenues but incur 62% of total expenditure, creating dependency on Centre
  • Conditional Grants: Increase from 17% to 57% restricts states' fiscal autonomy and policy flexibility
  • GST Implementation: States lost revenue autonomy with ₹1.6 lakh crore compensation disputes during 2020-22
  • Finance Commission Reduction: 15th FC reduced states' share from 42% to 41%, further centralizing resources
  • Debt Ceiling: FRBM Act limits state borrowing to 3% of GSDP, constraining development financing

Interstate Disputes and Coordination Issues

  • Water Disputes: Four active Water Disputes Tribunals with unresolved conflicts like Krishna, Cauvery affecting millions
  • Border Disputes: Persistent conflicts between Karnataka-Maharashtra, Assam-Meghalaya creating administrative chaos
  • River Linking: Lack of consensus on Ken-Betwa, Par-Tapi projects due to interstate disagreements
  • Migration Issues: COVID-19 exposed poor coordination in inter-state labor movement
  • Environmental Conflicts: Disputes over Western Ghats conservation, mining permissions across state boundaries

Cooperative Federalism as Solution

Institutional Mechanisms

  • NITI Aayog Framework: Replaced Planning Commission to foster collaborative planning through Governing Council meetings
  • Interstate Council Activation: Article 263 implementation addressing Sarkaria Commission recommendations
  • GST Council Model: 2/3rd states + 1/3rd Centre voting demonstrates successful cooperative decision-making
  • Joint Committees: Inter-State River Water Disputes Act amendments promoting negotiated settlements
  • Regional Councils: Zonal Councils under Article 263 facilitating regional cooperation

Policy Coordination and Implementation

  • Aspirational Districts Programme: 115 districts showing competitive-cooperative federalism benefits
  • Digital India Initiative: Unified JAM Trinity implementation across states
  • COVID-19 Response: National Disaster Management Authority coordinating federal response effectively
  • Climate Action: State Action Plans under National Action Plan on Climate Change
  • Agricultural Reforms: Model APMC Acts providing template for state legislation

Cooperative federalism, exemplified by GST Council's success and NITI Aayog's collaborative approach, offers sustainable solutions to federal challenges while preserving constitutional balance and promoting inclusive development across India's diverse regions.

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