state central relation

1. Centre-State Relations
The Working of Indian Federalism

2. Introduction
“Personally, I do not attach any importance to the label which may be
attached to it-whether you call it a Federal Constitution or a Unitary
Constitution or by any other name. It makes no difference so long as
the Constitution serves our purpose.”
Dr. Rajendra Prasad
“The general and regional governments of a country shall be
independent each of the other within its sphere.”
K.C.Where
Dual Polity : Quasi Federal or Statutory Decentralization
(a) 11th and 12th Part/Chapter of Indian Constitution
(b) Three Lists of Distribution of Powers : VII Schedule of Indian
Constitution

3. Legislative Relations
Distribution of legislative powers described in the
VII Schedule of Indian Constitution as follows:
a. Union list
b. State list
c. Concurrent list

4. Cont…
(a)Union List –
Only Union Parliament is empowered to make laws
on the subjects given in the Union List.
98 subjects (after 42nd Constitution Amendment
Act,1976) (few important subjects listed below)
Defense,
Foreign Relations,
Post,
International War and Peace,
International Trade,
Commerce,
Citizenship,
Coinage,
Railway,
Reserve Bank,
International Debt,
Atomic Energy, etc..

5. (b)State List –
Only State Legislature is empowered to make laws on
the subjects given in the State List.
62 subjects (after 42nd Constitutional Amendment
Act,1976) (few important subjects listed below)
Roads,
Agriculture,
Irrigation,
Prisons,
Local Administration,
Distribution of Water,
Police, etc..
Exception : In the case of Emergency, Union Parliament
automatically grabs the power of legislation on the
subjects given in the State List

6. (c) Concurrent List –
Both, Union Parliament as well as State Legislatures, have the power
of legislation on subjects given in the Concurrent List.
52 subjects (After the 42nd Constitutional Amendment Act, 1942)
(few important subjects listed below)
Public Health,
Education,
Tourism
Marriage,
Divorce,
News Papers,
Trade Unions,
Books,
Press,
Eatable Items, etc..
In case of disagreement, the legislation passed by Union Parliament
shall prevail over the law passed by State Legislatures.
Residuary Powers : Article 248, Union Parliament shall make laws
over the subjects not included in the above-given lists.

7. Union Parliament’s Power to Legislate
on the Subjects given in the State List
i. On the basis of the resolution passed by the
Council of State - Article 249, 2/3 majority, Issues of
National Interest
ii. On the request of two or more state legislatures –
Article 252, Law passed by Union Parliament shall
be applicable only to the states which demanded
such legislation.
iii. For the enforcement of International Treaties and
Agreements – Article 253
iv. Prior approval of President of India on certain Bills
– Article 304

8. Cont…
i. Supremacy of Union Parliament during
National Emergency – Article 352
ii. During Constitutional Emergency – Article
356
iii. Supremacy of Union Parliament over
Concurrent List
iv. Residuary Powers are under the control of
Union Parliament – Article 248
v. Power of Union Parliament to abolish State
Legislative Council – Article 169

9. Administrative Relations
i. State’s responsibility about the use of their
executive powers – Article 256
ii. Responsibility of the construction and maintenance
of means of communication – Article 257 (2)
iii. Responsibility of the protection of Railways – Article
257 (3)
iv. Appointment of Governors by Centre – Article 155
v. Influence of Centre during National Emergency –
Article 252
vi. Influence of Centre during Constitutional Emergency
– Article 356

10. Cont…
i. To solve disputes regarding the distribution
of water of inter – state rivers – Article 262
ii. Protection of Federal property in the states
iii. All India Services – Article 312
iv. To establish Inter – State Council – Article
213
v. Direction for the welfare of Scheduled Tribes
vi. Governor’s discretionary power – Assam &
Nagaland

11. Financial Relations
1 Sources of revenue of Union Government
– Custom and Export Duty
– Income Tax
– Corporation Tax
– Estate Duty (Excluding Agriculture)
– Excise Duty on Tobacco and other
intoxicants
– Succession Duty (Excluding Agriculture)
– Inter – State Trade Tax, etc.

12. Cont…
2 Sources of Revenue of State Governments
– Taxes on agriculture,
– House Tax,
– Tax on Electricity,
– Toll Tax,
– Entertainment Tax,
– Tax on Boats,
– Tax on Vehicles,
– Tax on cattle and house-hold animals,
– Tax on Minerals, etc..

13. Cont…
3 Grants to the States – Article 275
4 Appointment of Finance Commission –
Article 280
5 Financial Emergency – Article 360
6 Provision of Comptroller and Auditor
General

14. Critical Evaluation of Centre - State Relations
Factors responsible for tension
between centre and the states
i. Partial role of Governors
ii. Role of Bureaucracy
iii. Misuse of Article 356
iv. Constitutional Amendments to make the
centre strong
v. Financial problems of the state

15. Cont…
i. Arbitrary use of the Central Reserve
Police
ii. Provision to reserve Laws passed by
the state legislature for the approval of
the President
iii. Centralized planning
iv. Finance Commission – An agency of
central government
v. Disputes among different states

16. Need to Re-evaluate Centre – State Relations
i. More powers to the state
ii. Residuary powers to the state
iii. Reform in the office of Governor
iv. Not to hold the Bills passed by the State
Legislatures
v. Delete Article 356 & 249

17. Cont…
i. Equal representation of states in
council of states (Rajya Sabha)
ii. Financial Autonomy to States
iii. Reforms in all India services
iv. Participation of states in planning

20. Recommendations of Sarkaria Commission
Justice R. S. Sarkaria headed a three member
commission, instituted in 1983 which gave 247
recommendations for betterment of centre –
state relations, of which important few are listed
below: -
i. Advocacy of strong centre
ii. Establishment of Inter – State Council
iii.National Development Council
iv.Zonal Councils
v. Careful use of President’s rule in states

21. Cont…
i. Appointment of Governors
ii. Appointment of High Court Judges
iii.All India Services
iv.Emphasis on local / regional languages
v. Planning Commission : A fair play of states
vi.Balanced Distribution of Powers
vii.Deployment of Armed Forces

22. Conclusion
On April 27, 2007, a commission to review the Centre – State
Relations is instituted under the headship of Mr. M. M. Punchchi
- former Chief Justice of India. Further to conclude in the words
of Mr. A. H. Birch
“…..the practice of administrative co-operations between the
general and regional governments, the partial dependence of the
regional government upon payments from the general
governments, and the fact that the general governments, by the
use of conditional grants, frequently promote developments in
matters which are constitutionally assigned to the regions.”
A. H. Birch
Co-operative federalism produces a strong central or general
government, yet it does not necessarily result in weak provincial
governments that are largely administrative agencies for central
policies. Indian federalism has demonstrated this.