Centre-State Relations And Inter-state Relations Flashcards
The parliamentary system of government
Dual system: centre and state
Is a responsible government for the people of nation, so the executive is responsible for legislature
Ivor Jennings said, parliamentary system is cabinet system. Here the cabinet is nucleus cabinet (Westminister model)
PM is the de facto head of government. He is the real executive head
President is de jure or nominal head of the government. He is the head of state.
Features:
Nominal and real executive
Majority party rule
Collective responsibility
Political homogeneity (same vichar dhara)
Double membership (a person can’t be a minister without being an MP for 6 months)
Leadership of PM
Dissolution of lok sabha by recommendation of PM
Secrecy
Merits:
Harmony between the legislature and executive
Responsible government
Prevent despotism
Ready alternative government
Demerits:
Unstable government
No continuity of policies
Dictatorship of the cabinet against separation of power
Government by amateurs
Features of presidential government
American president is post the head of state and head of the government
He is elected by electoral collage for 4 years
The president can have a kitchen cabinet (non elected) for advice
Not responsible for Congress
Cannot dissolve the house of representatives
Doctrine of separation of power is the basis of American presidential government
Reason for adoption of parliamentary system in India
Familiarity with the system
Preference to more responsibility
Need to avoid legislative and executive conflict
Nature of Indian society:
Heterogeneous to more representatives
Many religions, many castes and many languages
Federal system
Classification of the system:
Unitary (centre)
Federal (dual system, center+ state, both operating in their respective jurisdiction)
Federal government: dual government, written constitution, division of power between centre and state, supremacy of constitution, rigid constitution, independence of judiciary, bicameral legislature
Unitary government: single government, may be written or unwritten, No division of power, may or may not be supreme, may or may not be rigid, may or may not have an independent judiciary, may be bicameral or unicameral
Federation occurs via two forms: integration and disintegration
Reason for federal system: large size of country and cultural diversity
In a constitution, no where it is written that it is a federation of states but it is written that it is a union of States. This is because it is not the result of agreement among States and the states have no right to secede.
Federal features adopted by India:
Dual polity:
Central Government handles defence, foreign affairs and currency
State government handle agriculture, health and public order
Written constitution. It’s the longest
The division of power:
Union list has 100 subjects
State list has 61 subjects
Concurrent list has 52 subjects
Supremacy of constitution: law of the land & judicial review
Rigid constitution requires different majorities
Independence judiciary: dispute between centre and state, security of tenure of judges
Bicameralism: 2 houses (Loksabha and rajya sabha)
Unitary features adopted by India:
Strong centre
State not in destructible
Single constitution
Flexible constitution
No equality of state representation
Emergency provisions
Single citizenship
Integrated judiciary
All India services (IAS, IPS, IFoS)
Parliament authority over state
Appointment of the governor
Integrated election machinery
Veto overstate bill (only by the president)
Centre state relation
Constitution being federal in nature divides all powers: legislative, executive financial between centre and state (but no division of judicial power)
Both are supreme in their respective fields
Legislative power: territorial extent, distribution of legislative subjects, Parliamentary legislation in state field, Centre control over state legislation
Territorial extent:
Parliament can make laws for whole or any part of India
Laws made by the state are not applicable outside state
Law made by Parliament are also applicable to Indian citizens outside India
Restrictions: president can make regulations for peace and good governance
Six union territories: A&N Islands, Lakshadweep, dadra and Nagar haveli + Daman and Diu, Puducherry, J&K and Ladakh
Governor is empowered to direct that an act of parliament is not applicable to the schedule areas in the state
Governor of Assam me like wise direct that the acts of Parliament is not applied the tribal areas
Distribution of legislative subjects:
Union list: defence, banking, currency foreign affairs, 100 mote
State list: public order, agriculture, sanitation, fisheries, 61 more
Concurrent list: divorce, marriage, family planning, education, 52 more
Parliamentary legislation in state field:
Distribution of legislation is to be maintained in normal Times
In abnormal Times, the schemes of distribution is either modified or suspended
When are rajya sabha passes a resolution, if the rajya sabha declares that it is necessary in the national interest that the Parliament should make a law on the matter in the state list then the Parliament gets the power. The resolution must be supported by ⅔ of members present and voting. Any number of times (maximum one year at a time.)
Administrative relations
Article 256 to 263
Between the centre and state
Distribution of executive power extent to whole of India (union list and treaty)
Obligation of state & centre:
The constitution has placed the restrictions on the executive power of state in such a way to ensure compliance with the laws made by the Parliament and any existing law which applies in state to not impede or prejudice the exercises of executive power of the centre in state
Centre’s direction to the state:
Centre is empowered to give direction to the state in the following matters:
Construction and maintenance of means of communication
Measures to protect railway within the state
Adequate facility of instruction in mother tongue at primary stage of education belonging to the linguistic minority
Drawing up and execution of certain schemes for scheduled tribes
Cooporation between centre and state:
Parliament can provide for adjudication of any dispute or complaint with respect to the use of distribution and control of water in any inte state river
President can established interstate council
Full faith and credit is given throughout the territory of India to public acts, records and judicial proceedings
Parliament can appoint authority to carry out interstate trade and commerce
All India services
Centre and state has separate public services
IAS IPS IFS (1966) occupy top positions in both centre and state but recruited and trained by the centre
Article 312 authorises Parliament to create new all India services
Public Service Commission
Commission has appointed officers
Council has elected members
Centre and state are: the chairman of SPSC appointed by governor but removed by president. Parliament can established JPSC, with chairman by president. UPSC can serve the need of the state. UPSC assists state in framing and operating schemes of any service especial qualification is required.
Integrated judicial system
No dual judicial system: subordinate Court < High Court< supreme Court
Judges of High Court are appointed by the president
Parliament can established common High Court for two or more States
Relation during emergency
Central gets complete control over state, not suspended
Presidential rule: president gets control
Financial emergency: Centre gets control over financial methods of the state
Other provisions:
Enables Centre to exercise control over the state administration:
Article 355 imposes 2 duties on centre: a) to protect every state against external aggression, internal disturbance and the government in every state is carried out according to the constitution
Governor of the state is appointed by the president during the pleasure of president and governor act as an agent of the centre
State election commission though appointed by the governor can be removed by the president
Legislative power:
Territorial extent:
Parliament can make loss for the whole or any part of India
Laws made by State are not applicable outside state
Laws made by Parliament are also applicable to all Indian citizens outside India
Restrictions: the president can make regulations for peace, good governance, six union territories. The governor is empowered to direct act of parliament which is not applicable to the schedule areas of the state. The governor of Assam may like wise direct that act of Parliament which does not apply to the tribal areas.
Distribution of legislative subject
Union list: defence, banking, currency, foreign affairs, etc.
State list: public order, agriculture, sanitation, fisheries, etc
Concurrent list: divorce, marriage, family planning, education etc
Parliamentary legislation in state field:
Distribution of legislation is to be maintained in normal Times.
In abnormal times the scheme of distribution is either modified or suspended. This happens when:
When the rajya sabha passes a resolution declaring that it is necessary for the national interest that the Parliament should make a law on a matter in the state list than the Parliament gets the power to do so. However, the resolution must be supported by ⅔ of present and voting. It can happen maximum 1 year at the time.
During national emergency, parliament acquires a power to legislate with respect to matters in the state list while the proclamation of National emergency is in operation. The law becomes inoperative on the acceleration of 6 months after the emergency has ceased to operate
2 or more states pass a resolution requesting the Parliament to make laws on state list only for those States, such a law can be amended or repealed only by the Parliament and not by the state legislature
To implement International agreement the Parliament can make laws on any matter in the state list for implementing International treaties
During presidential rule, the parliament is empowered to make laws on the state list. Law continues to operate even after presidential rule. Such a law can be repealed or altered or reenacted by the state legislature centre control over state legislation
Central control over state legislation:
Governor can reserve certain types of Bills passed by the state legislature for the consideration of president
Bill on certain matters in state list can be introduced only with the prior permission of the president
The president can direct the state to reserve money bill and other financial bills passed by state legislature during the financial emergency
Financial relations
Article 268 to 293
Allocation of taxing power: Parliament has the exclusive power to levy taxes on union list
State has exclusive power to levy taxes on the state list
Both have exclusive power to levy taxes on concurrent list
Restriction on state:
State can impose taxes on profession and trades but total amount should not exceed ₹2500 per annum
No tax can be imposed on the sale of goods outside state, import and export, interstate, sale and purchase of goods by the parliament.
State legislature can impose tax on electricity, unused by centre
Distribution of tax revenue:
Centre: post & telegrams, banking broadcasting, currency
State: forest, fisheries, state public sector enterprise
80th amendment of 2000 and 86th amendment of 2003 brought major changes in revenue system
The present position is:
Taxes levied by the centre but collected & appropriated by State article 268. For example, stamp duty, checks, policies of insurance, transfer of shares, excise duty on medicines, toilet preparations containing alcohol and narcotics
Service taxes levied by centre bath collected and appropriated by State article 268 service A, the principle of their collection and appropriation are formulated by parliament. It includes all service sectors
Taxes levied and collected by the centre but assigned to the state article 269. Sale or purchase of goods other than newspaper in the course of interstate trade
Taxes levied and collected by the centre but distributed between centre and state article 270: duties and taxes referred to in article 268, 268 A, and 269
Texas levied, collected and retained by the state: for example, land revenue, agriculture, tax on land and buildings, alcohol, tools, stamp duties and sales tax
Grant in aid:
(Stationery) Article 275 empowers the Parliament to make grants to states in need. It is charged on the consolidated fund of India
(Discretionary) Article 282 empowers both centre and state to make any grant for public purpose
(Other) Temporary period. Export on jute, from consolidated fund of India.
Interstate relations
Constitution makes the following provisions regarding inter-state communication:
Adjudication of inter state water disputes
Coordination via inter state councils
Mutual recognition of public acts, records and judicial proceedings
Freedom of inter-state trade and commerce
In addition, zonal council has been established by the Parliament to promote interstate coordination
Inter state water disputes:
Article 262: Parliament by law provides for the education of any disputes or complaints with respect to use, distribute, control water of any inter state and river valley
The Parliament also provides that neither the supreme court nor any other Court is to exercise jurisdiction in respect of any such disputes or complaints
Parliament has enacted 2 laws:
The river board act of 1956:
A river board at provides for the establishment of the river board for the regulation and development of interstate rivers. It is established by Central Government on request of state governments concerned
The interstate water dispute act of 1956:
It empowers the central government to set up ad hoc tribunal for the adjudication of disputes between two or more states in relation to water or interstate river. The decision of the tribunal would be final and binding on the parties of the dispute. And neither the supreme court or any other courts can interfere. However, the supreme court would indeed have jurisdiction to decide any disputes between States with water supply if the legal right or interests are concerned. So far there are 8 inter state water dispute tribunals.
Article 301-307: interstate trade and commerce
Article 301 declares that trade, commerce and intercourse by the territory of India shall be free
The Parliament can impose restriction on the freedom of trade and commerce
But the Parliament cannot give preference to one state over other except in cases of scarcity of goods
Legislature of states can impose reasonable restrictions on freedom of trade for public interest, bill for this with previous sanction for president
Legislature can impose on goods imported from other country any tax to which similar goods are manufactured in state
Parliament can appoint any authority for the purpose
Inter state council
(Article 263): these effect coordination between the states and states and centre.
President can established such a council of at anytime it appears to him that the public interest should be served.
The duties of the council are:
Enquiry into disputes which may arise between States
Investigating and discussing subjects of common interest
Making recommendations upon any such subjects
Can deal with any controversy legal or illegal
Establishment of interstate council
The sarkaria commission on centre state relation made a strong case on the establishment of permanent interstate council under article 263
It must be called intergovernmental council
Established by Janata dal government (VP Singh) in 1990
It was a recommendatory body
Structure:
Constituted by:
The PM is the chairman
The CM of all states
Six Central cabinet ministers + Home minister
Governor of states under presidential rule
CM of union territories having legislative assembly (Puducherry, Delhi, J&K)
Administrators of union territories
Objective:
Council may meet thrice a year
Recommendatory body
Investigation, recommendations and deliberation upon matters of general interest
Standing committe:
Union Home minister as chairman
Five union cabinet ministers
9 chief ministers
Zonal council
Statutory body under the state reorganisation act of 1956
Five zones: N, E, C, W, S
Division on the basis of many factors:
Natural division of country, river system, means of communication
Members:
Central Home minister
Common chairman of all zones
CM’S of all states in zones and other ministers and administrator of union territory in zone
Objective:
To achieve national integration of the country
To help in arresting the growth of acute States, linguism, regionalism
To help in removing the after effects of separation in some cases
To secure some kind of political equilibrium
North Eastern council
Created by separate act of parliament
Members include: seven sisters + 1 State (Sikkim added in 2002)
Same functions with few edition such as covering matters of common importance
Zonal councils:
Northern zonal council: members are Haryana, Punjab, Himachal, Rajasthan, J&K, Delhi, Chandigarh
Central zonal council: members are Uttarakhand, UP, Chhattisgarh & MP
Eastern Zonal Council: Bihar, Jharkhand, Orissa and West Bengal
Western zonal council: Gujarat, Maharashtra, Goa, dadra and Nagar haveli + daman and diu
Southern zonal council: Andhra, Telangana, Tamilnadu, Karnataka, Kerala, Puducherry
