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Dynamics of Centre-State Relations in Legal Frameworks

Governments are categorized as unitary or federal based on relations between the Central Government and the units. In a unitary system all the powers are distributed into the Centre while in a federal system, the powers are divided between Centre and the units. The Constitution of India describes India as a "Union of States;" however, we have a federal system of government. The Indian states have no freedom to withdraw from it. India, as a federal system, has a Central Government and the government for each component unit-the state Governments.

Legislative Relations:
A distribution in power exists between the federal government and the states. The legislative relations between the Centre and the states are described in articles 245-254 of Part XI, Chapter 1 of the Constitution. With refence to the subjects of legislation, a three-layered division of legislative powers between Union and States is considered and has been indexed in Schedule VII.

List 1 (The Union List):
It comprises 97 subjects over which the Union has exclusive power of legislation. The subjects have defence, foreign affairs, banking, currency and coinage, communication, atomic energy etc.

List 2 (The State List):
It comprises 66 items over which the State Legislative has power of legislation. These includes public order and police. Local government, prisons, public health and sanitation, agriculture, fisheries, state taxes and duties etc.

List 3 (The Concurrent List):
It gives the subjects on which both Parliament and State Legislature can legislate. The 47 subjects have criminal law and procedure, civil procedure, marriage, contracts, posts, trusts, labour welfare, vital statistics, price control, education, etc. Regarding overlaying between the three lists, Union Legislature assumes predominance. In matter of differences between a Union and a State law relating to the same subject on the Concurrent list, the former prevails.

Nevertheless, if a law passed by the State Legislature has acquired Presidential consent before the statute on the same subject by Parliament, the State Law succeeded. The residual powers under the Constitution (i.e., subjects not included in any of the lists) are held in Union Legislature (Art. 248).

There are undeniable situations under which the up above system of classification is either suspended or Parliament's power is expanded over state's subject: (i) If the Rajya Sabha passes a resolution by two-third majority that it is in the national interest to do so. (Art.249); (ii) In the time of Emergency. (Art.250); (iii) If the Legislatures of two or more states rectify that it shall be lawful for Parliament to do so. (Art. 252).

Administrative Relations:
The Union has been given a dominant position and the states are contemplated to observed with laws made by Parliament. The All-India Services, Judges of the Supreme Court and High Courts and the Governors of the States are nominated by the Centre and fundamentally signifies indirect control above the states.

Financial Relations:
The Constitution involves relating to the classification of taxes as well as non � tax revenue and the power of taking supplemented by provisions of grants-in-aid by the Union to the States. There is a difference between the legislative power to impose tax and the power to correct way of procedure to impose tax.

The Finance Commission, comprised every five years, proposes the division of after-tax incomes between the Union meets the financial borrowings of the states by:

  1. Producing grants-in-aid of State revenues;
  2. Providing loans. The Centre practices control over the state funds by the Comptroller and the Auditor- General.

There is an uncertainty which makes the Centre powerful than the states. The Centre is given the power to discharge a State Ministry and force President's rule.

The association between the Centre and the States have experienced many conditions. Anytime there has been separate ruling party at the Centre and the States, numerous issues occurred. The operation and misuse of Art. 356 of the Constitution has awakened unstable circumstances.

The Sarkari Commission proposed that Art. 356 sparely be used and Central Armed Forces utilized only at the personal request of the state. The Punchhi Commission was established in April, 2007 under Justice Madan Mohan Punchhi was established to investigate the matters of Centre State relationships and the developments in present day.

The function of both democracy and progress has been changed importantly. The bodywork in which the State run, therefore, it means there is a broad requirement for re-evaluation of Centre-State connection.

Award Winning Article Is Written By: Ms.Manisha Das
Awarded certificate of Excellence
Authentication No: SP325439408957-11-0923

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