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UPSC 2023 GS-II · 15 marks · 250 words

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

What “Explain” demands

set out how or why something works, with the mechanism made explicit.

The characteristic failure: stating that it works without showing how.

What a top answer must contain

These are the checkable specifics from the marking standard for this question — the actual case, committee, datum or thinker, not an instruction to “give examples”.

  • 101st CAA (2016): GST — Art 246A concurrent taxing power, Art 269A on IGST, Art 279A GST Council
  • Accommodative design: Council's weighted voting (Centre 1/3, states 2/3, decisions at 3/4) — neither can act alone; 5-year compensation guarantee
  • Cooperative evidence: near-consensus functioning of Council; rate rationalisation through deliberation
  • Strains: compensation-cess disputes (2020), states' lost autonomous taxation, Mohit Minerals (2022) — SC: Council recommendations not binding, 'cooperative and uncooperative federalism' both available
  • Verdict: pooled sovereignty as accommodation, with fiscal-autonomy costs honestly named

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