December 1, 2024

Mumbai University Notes : Centre State Relationship

The relationship between the Union (Central) Government and State Governments in India is governed by the Indian Constitution, which defines the framework of federalism in India. Federalism in India is a hybrid model, with a strong centralizing tendency. The Constitution divides powers and responsibilities between the central government and the states through three lists: the Union List, the State List, and the Concurrent List (Seventh Schedule). This division of powers forms the basis of Center-State relations, and the Constitution lays down guidelines for both legislative and administrative relations between the two levels of government. Understanding these relations is crucial in grasping the nuances of Indian federalism.  
  1. Legislative Relations between the Center and the States
 The legislative relations between the Center and the States are primarily concerned with the powers to legislate and the areas in which each level of government can make laws. These relations are primarily governed by the Seventh Schedule of the Constitution, which divides the areas of legislation into three lists:
  •  Union List (List I): This list contains subjects on which only the Central Government can legislate. These subjects relate to national issues and areas of central concern, such as defense, foreign affairs, and nuclear energy. There are 100 items in the Union List.
  •  State List (List II): This list contains subjects on which only State Governments can legislate. These subjects pertain to matters of local or regional concern, such as police, public health, and agriculture. There are 61 items in the State List.
  •  Concurrent List (List III): This list contains subjects on which both the Union Government and the State Governments can legislate. In case of a conflict between a law passed by the Union and a law passed by the States on the same matter, the Union law prevails. Examples of concurrent subjects include criminal law, marriage and divorce, education, etc. There are 52 items in the Concurrent List.
   Key Features of Legislative Relations:
  •  Exclusive Legislative Powers: The Union Government has exclusive powers to legislate on matters in the Union List, and States have exclusive legislative power on matters in the State List.
  •   Concurrent Jurisdiction: Both the Union and State Governments can legislate on matters in the Concurrent List. However, in case of a conflict, the Union law prevails over State law. The President of India can also promulgate an ordinance under Article 123 if the Union Government believes that immediate legislation is required on a concurrent matter, superseding State law.
  •  Residuary Powers: Under Article 248, the Union Government has the power to legislate on any matter not mentioned in any of the three lists (Union, State, or Concurrent). These are called residuary powers and give the central government legislative authority over issues that arise unexpectedly and are not included in any list.
  •  Cooperative Legislation: In some cases, cooperation between the Union and States is essential for effective legislation. For example, the National Food Security Act (2013) involves both central and state cooperation for ensuring food security across India.
  •  Power of Parliament to Amend State Laws: Under Article 249, Parliament can legislate on matters in the State List if it is deemed necessary in national interest, provided a resolution is passed by the Rajya Sabha (Council of States). Similarly, under Article 252, Parliament can legislate on matters in the State List if two or more states request it to do so.
  •   Reservation of Bills for Presidential Assent: A Bill passed by a State Legislature can be reserved by the Governor for the President’s assent under Article 200. The President can either give assent, withhold assent, or direct that the Bill be reconsidered by the Legislature.
   Examples of Legislative Relations:
  •  Uniform Civil Code (UCC): While family law (marriage, divorce, inheritance) falls under the Concurrent List, the Union Government can enact laws for a Uniform Civil Code applicable to all citizens, though States have the option to pass their own laws on family matters.
  •  Goods and Services Tax (GST): The introduction of GST was a major reform that required legislative cooperation between the Union and States. A GST Council was created to oversee the implementation of the tax system, ensuring alignment between State and Union laws.
  1. Administrative Relations between the Center and the States
 Administrative relations refer to the working relationship between the Union and State Governments in the implementation of laws and policies. These relations encompass both cooperation and control. The administrative relationship is vital for ensuring smooth governance, particularly in a country like India with a diverse range of geographical, social, and economic contexts.    Key Features of Administrative Relations:
  •  Union’s Power to Issue Directions to States: Under Article 256, the Union can issue directions to the States regarding the implementation of laws made by Parliament. States are expected to comply with these directions, although the States retain the discretion to adopt the most appropriate measures to achieve the Union’s objectives.
  •  Union’s Power of Supervision: The Union Government has powers of supervision over state matters, especially in areas that involve national security, law and order, and defense. For instance, the Union can intervene if the State Government is failing to maintain public order or protect the national interest.
  •  Assistance to States: The Union Government provides administrative support to the States in the form of technical expertise, financial assistance, and human resources. This cooperation is especially important for the implementation of national welfare programs (such as health, education, poverty alleviation) at the State level.
  •  Central Control over State Administration: In certain cases, the Union Government can assume direct control over a state’s administration. Article 356 (President’s Rule) allows the President to dissolve the State Legislative Assembly and take over the administration of the state if the Governor believes that the State Government is unable to function according to the Constitution. Similarly, under Article 365, the Union Government can intervene if a State Government is not complying with the provisions of the Constitution.
  •  Civil Services and All-India Services: The All India Services (IAS, IPS, IFS) are common to both the Union and State Governments. The Union Government has the power to regulate and control these services, which ensures a certain level of centralization in administration. States are also allowed to employ their own civil servants for state-specific administrative functions.
  •  State Governors: The Governor of a State, who is appointed by the President, plays a key role in maintaining the relationship between the Union and the States. Governors act as a link between the Union and the States and have discretionary powers, including the power to report to the President in case of breakdown of constitutional machinery in a State.
   Examples of Administrative Relations:
  •  National Disaster Management: In times of natural disasters, the Union Government provides essential resources and technical expertise to assist States in managing and mitigating the disaster. This is an example of the Union’s role in assisting States during emergencies.
  •  Central Services in States: Civil services such as the Indian Administrative Service (IAS) and the Indian Police Service (IPS) play a critical role in administering both Union and State policies. Officers from these services are posted at various levels of government and work on national as well as state-specific issues.
  •  Central Financial Assistance to States: For the implementation of various national schemes like National Health Mission, Swachh Bharat Mission, and National Rural Employment Guarantee Act (MGNREGA), the Union Government allocates funds to the States, and they are expected to comply with the Union guidelines for effective implementation.
   Conclusion  The relationship between the Union and State Governments in India is multifaceted, involving both cooperative and conflictual aspects. While legislative relations focus on the division of legislative powers and the mechanisms for cooperation and conflict resolution, administrative relations emphasize the day-to-day functioning, coordination, and supervision between the two levels of government.
  • Legislative relations ensure that both the Union and the States have distinct spheres of authority, with mechanisms for joint decision-making in matters of national interest (such as in the Concurrent List).
  •   Administrative relations involve the practical aspect of governance, where the Union Government may provide assistance to States or even intervene when necessary, while also working in partnership for the implementation of policies at the ground level.
In this federal structure, the Indian Constitution seeks to strike a balance between the autonomy of States and the unity of India. While the Union Government has significant powers to ensure national cohesion, the States retain considerable autonomy in areas that directly affect local governance, ensuring a decentralized form of governance that responds to local needs.

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