CENTRE-STATE RELATIONS
“Though the country and the people may be divided into different states for convenience of administration, the country is one integral whole, its people a single people living under a single imperium derived from a single source.”
- Dr B.R.Ambedkar
India has a history of colonial rule, suppressed liberties and economic exploitation and in order to deal with that our Founding Fathers opted for a ‘Union of States’ with a strong Centre to make sure that the country did not have to suffer any challenge to its integrity again.
Centre-State Relations in India can be studied under the following heads:-
LEGISLATIVE RELATIONS
Articles 245 to 255(Part XI) of the Constitution deal with the legislative relations between the Centre and the State.
Territorial extent:
The Parliament has the power to create or amend laws for the whole or any part of the territory of India.
The territory of India comprises the states, UTs and any other area for the time being included in the territory of India. While the state legislature can make laws for whole or any part of the state.
Additionally, The Parliament can solely make ‘extra-territorial legislations’ thus the laws of the Parliament are applicable to the citizens of India and their properties in any part of the world.
Distribution of Legislative subjects:
The union can exclusively make laws on subjects in Union List, States can exclusively make laws on subjects in the state list, and both union and states can make laws on Concurrent list, but the laws of the Union will prevail. The constitution has vested the residuary powers (subjects not enumerated in any of the three Lists) with the Union Parliament.
Parliamentary legislation in the state field:
Can be in the following 5 circumstances:-
Centre's control over State Legislation:
The Constitution has empowered the centre to exercise control over the state’s legislature in certain cases in the following manner:
ADMINISTRATIVE RELATIONS
Article 256 to 263 covers the administrative relationship between the centre and the states. Article 256 conveys that "the executive powers of every State shall be so exercised in order to ensure compliance with the laws framed by the parliament and any other existing laws which are applied in that State, and the executive power of the Union shall extend to giving of such directions to State as may appear to the Government of India to be necessary for that purpose”.
Centre-State Relations during Emergency:
FINANCIAL RELATIONS
Article 268 to 293 covers the provisions of financial relations between Centre and States. They deal with distribution of tax revenue, gran in aids, etc.
Finance Commission (Art. 280): is constituted every 5 years by the President for redistribution of tax revenue among centre and states.
The Finance Commission recommends the President as to:-
TRENDS IN CENTRE-STATE RELATIONS
The most recent is the move to abrogate Art. 370 to fully integrate the state of Jammu Kashmir and Ladakh. It transformed a state into a UT thus sparking of new debates on centre-state relations.
Major areas of tensions between Centre and State:-
SARKARIA COMMISSION
The Sarkaria Commission was formed by the central government in 1983 in order to examine the centre-state relationship in various fields and provides suggestion within the constitutional framework. The Commission submitted its report in 1988, with the following recommendations:-
PUNCHI COMMISSION
The Government of India constituted the Punchi Commission in 2007 to examine centre-state relations. Commission was chaired by the former Chief Justice of India M.M. Punchi. It submitted its report in 2009 with the following recommendations:
The Constitutional scheme is sound in its fundamentals and can withstand the challenges thrown up by globalisation, technological developments and security threats, provided political leadership at the Central, State and local levels organise governance in the spirit of the Constitution.
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1. What is the meaning of Centre-State relations in India? |
2. How are Centre-State relations maintained in India? |
3. What are the key features of Centre-State relations in India? |
4. Can the central government interfere in the affairs of state governments? |
5. How do Centre-State relations impact policy-making in India? |
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