Centre State Relations

Questions

1. Analyze the constitutional provisions related to the distribution of legislative powers between the center and states and assess how these provisions contribute to cooperative federalism, considering contemporary challenges in governance.

2. Examine the role of constitutional bodies like the Finance Commission in facilitating fiscal federalism, and assess their impact on equitable distribution of resources between the center and states.

3. Assess the constitutional provisions related to inter-state disputes and the role of the President in their resolution, analyzing how these mechanisms contribute to maintaining peace and harmony between states.

4. Analyze the constitutional provisions regarding the imposition of President’s Rule in states and assess the checks and balances in place to prevent misuse of this power, considering recent debates on its application.

5. Examine the linkage between the National Development Council (NDC) and the principles of planning and coordination between the center and states, evaluating how these constitutional mechanisms contribute to holistic development.

6. Assess the constitutional provisions related to the Governor’s discretionary powers, particularly in the context of differences between the center and states, and analyze the impact on the federal structure and principles of democratic governance.

7. Examine the constitutional provisions defining the President’s power to withhold assent to state bills and assess the balance between gubernatorial authority and the principles of responsible government at the state level.

8. Analyze the role of constitutional bodies like the Inter-State Council in addressing contemporary issues and challenges in Centre-State relations, evaluating their effectiveness in fostering collaboration and resolving disputes.

Centre in india is unarguably stronger than the state. Roots of such a set up can be traced back to Charter Act 1833.

Dimensions

Territorial

• Article 245: U laws applicable across territory of India or a part. State laws only in state.
• Article 245(2): laws made by union may have extra territorial operation. eg. Maritime Piracy Act

Subject Matter

• division as per Article 246 and subjects in Schedule VII

Doctrine of Territorial Nexus

• law of state may have operation outside state if $\exists$ sufficient nexus b/w subject & territory of state
  • RMDC v State of Bombay
  • Charushila Devi v State of Bihar
  • TISCO v State of Bihar

Exceptions to Territorial Application

• Scheduled Areas (Schedule V): Govt by notif: Parl/SLA law may not apply or modified
• tribal area under Schedule VI: Govt/PRez may notify Parl/SLA law may not apply or modified
• Article 371A, 371G: Parl law not apply to certain matters in NL, MZ unless approved by LA of NL, MZ
• Prez can make regulations for peace and good governance of UT by amending Parl laws

Exceptions to law making power of State on state subjects

• Article 249: If CoS passes resolution w/ $\ge$ $\frac{2}{3}$ maj, voting necessary in nat interest for Parl to make law on state subject, then competent
  • Such resolution in force for 1yr max, extended by subsequent resolution by CoS
  • 1986: CoS passed resolution to allow Parl to make laws on specific subj in state list to deal with militancy in Punjab & infiltration in J&K
• Article 250: Parl may enact law on state subj when PoE in operation
  • such law ceases to have effect on expiration of period of 6mo after PoE ceases to operate
  • See also: Proclamation of Emergency(352)
• Article 252: 2 or more states can request Union to legislate on specific state subject by passing resolution to that effect.
  • other states may pass subsequent resolution to adopt such law
  • law has no expiry date; can be repealed only by law of parl
  • eg.
    • Wildlife Protection Act
    • Urban Land Ceiling Act
    • Air Conservation Act
• Article 253: Union can legislate on state subj for giving effect to India’s commitment at intl forum (treaty, agreement, convention). Once enacted, only Parl may repeal or amend such law.
  • The Lokpal Lokayukta 2011

Executive relation b/w Union & State

• exec powers of U&S co-terminus with legis powers
• Article 73, 162: exec powers of U shall extend to all those subjects on which it can make law and same for state
• on concurrent list, subjc exec pwr rest with state unless explicitly mentioned in a pal law

States have more exec powers because

1. Lack of implementation agency with Union
2. proximity of states to local areas where laws have to be executed

See also: State Legislature