In Indian democracy, the relationship between the center and states constitutes one of its pillars. While states have been granted ample powers to foster their economic, social, and political progress, the center has been endowed with sufficient authority to prevent any state from acting against the national interest.
What Are The Types Of Centre-State Relations In India?
- The Centre-state relations can be studied under three heads
Types Of Centre State Relations:
Part XI of the Indian Constitution is dedicated to center-state relations. It is divided into legislative and administrative connections. Part XII also contains laws governing financial relations. Following is a detailed discussion of all three types.
Legislative Relations
- Articles 245-255 deals with legislative relations between the Union and the states, specifically the Parliament and state legislatures.
- It analyses the scope of the Union’s and states’ legislative powers.
- Analyzing the provisions reveals that the Parliament evidently has superseding powers over state legislatures.
- The different provisions define the subjects on which they can legislate, the consequence of inconsistency between state and national law, the Parliament’s residuary powers, and many other provisions.
- Schedule VII, addresses the Union List, State List, and Concurrent List.
Administrative Relations
- Articles 256 to 263 deal with administrative relations, including those between the Central Government and several state governments.
- Though India is federal, it has unitary characteristics, and so Article 256 states that state governments must ensure that they follow the laws passed by Parliament and do not conduct any executive or administrative functions in violation of the same.
- To establish improved relations between the Centre and the states, the Sarkaria Commission advocated for cooperative federalism in administrative relations between the two.
- The same was crucial since multiple parties working at the federal and state levels frequently create turmoil and distrust, leading to inefficient administration.
Financial Relation
- Part XII of the Constitution (Articles 264 to 293) focuses on financial relations between the Centre and states.
- Being a federal nation, India follows power division in taxation, with the Centre allotting funds to states.
- Schedule VII outlines taxation authority of the Centre and states.
- It encompasses regulations about tax levies, allocations, grants, and surcharges.
- The Goods and Services Tax, a dual structure tax, exemplifies a recent financial center-state relationship.
Centre State Relations In India
- The Indian Constitution holds a federal nature with a unitary bias.
- Balancing federal aspects is vital to fulfill state governance demands while maintaining national unity.
- Centre-State relations, involving agreements on powers and responsibilities, are consistently pivotal.
- The Union Government’s design concentrates legislative, administrative, and financial authority.
- This structure burdens states with duties and restricts their autonomy.
What are the issues pertaining to Centre-state relations in India?
- Allocation of resources: There is often a dispute between the Centre and the states over the allocation of resources, including funds, taxes, and other benefits.
- With the introduction of the GST, revenue collection and sharing have been efficient. Yet, there are concerns relating to the revenue-sharing criteria used by the Finance Commission.
- Challenging Centre law: Kerala has filed a suit in the Supreme Court of India seeking to declare the CAA as unconstitutional. Chhattisgarh has also filed a similar suit, challenging the constitutional validity of the National Investigation Agency Act.
- Misuse of article 356: Many individuals often argue that political motives primarily drove the utilization of Article 356, rather than genuine breakdowns in the constitutional mechanism. Arunachal Pradesh and Uttarakhand have witnessed distinct instances in this regard.
- Office of Governor: The initial point of tension is that the Centre appoints the Governor as if they are the representative of the Centre, and the Centre government has found in the office of the Governor an effective instrument to recapture power for itself.
Important Recommendations on Centre-State Relations
Administrative Reforms Commission
- The creation of an interstate council under Article 263 of the constitution
- Appointment of governors with substantial expertise in public service and impartial viewpoints
- States hold the highest authority.
- To diminish states’ dependence on the federal government, they should receive a greater allocation of financial resources.
- States request or independently deploy federal armed troops.
Sarkaria Commission Recommendations
- Setting up a permanent inter-State Council under Article 263
- Article 356 should only be utilized when necessary.
- The all-India service institution needs to be strengthened.
- The residuary power of taxation should belong to the parliament.
- The President should inform the states of the grounds for his or her vetoes of state legislation.
- Without the consent of the states, the Center ought to be able to use its military forces. However, it would be ideal if the states were consulted.
- The centre should consult the states before making law on the subject of concurrent list.
- Governors should have the opportunity to fulfill their five-year tenures.
- The filling of the position of Linguistic Minority Commissioner is necessary.
Punchhi Commission Recommendations
- The impeachment process is use to remove governors after a five-year tenure.
- The Union should exercise extreme prudence when asserting Parliamentary precedence in matters given to the states.
- It outlines a specific number of criteria to consider when selecting governors.
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