Model answer & approach
- Evaluate the Centre-State relation with reference to Article 293 and analyze its implications for the Indian federal structure. (Answer in 250 words)
Introduction
Article 293 governs state borrowing and is the sharpest asymmetry in India's fiscal federalism. A state that owes the Centre anything cannot borrow without its consent, while no comparable external check binds the Union.
Body
1. What the Article provides: clause (1) allows a state to borrow within India on the security of its Consolidated Fund within limits set by its own legislature; clause (2) permits Union loans and guarantees; clause (3) bars fresh borrowing without Union consent while any Union loan or guarantee is outstanding; clause (4) allows that consent to be conditional.
2. The consent is permanent in practice: since virtually every state carries outstanding Union liabilities, clause (3) always applies, and the Centre fixes an annual net borrowing ceiling, generally three per cent of GSDP with additions tied to reforms.
3. Widening reach: since 2022-23 the Centre has counted off-budget borrowing by state entities against the ceiling, extending control beyond the state's own account.
4. The constitutional test: Kerala's Article 131 suit challenging the ceiling was refused interim relief in 2024, and the scope of clauses (3) and (4) was referred to a Constitution Bench.
5. Why it now bites: vertical fiscal imbalance leaves states spending far more than they raise, cesses outside the divisible pool shrink devolution, and the end of GST compensation in 2022 pushed states towards the borrowing Article 293 restrains.
6. The reform record: Sarkaria (1988) and Punchhi (2010) urged objective criteria for consent, and the Twelfth Finance Commission proposed a Loan Council.
Conclusion
Article 293 is defensible as a guard against a common-pool problem, since a state default would be borne nationally. But discretionary use makes cooperative federalism unequal, and a rule-based ceiling anchored in the Finance Commission would reconcile discipline with autonomy.
Open this in the study app →