(ii) Though there is a division of powers between the Union and the States, the Part XI (Articles ) contains the legislative and administrative relations. India is a union of states. The constitution of India has divided the legislative, executive and financial powers between the centre and the states. Union and State Relations—1. Rajni Kothari. This is the first of a series of articles on some aspects of political organisation in India. The subjects which.
Administrative Relations Article to deals with the administrative relations between the centre and the states. Article states that "the executive power of every State shall be so exercised as to ensure compliance with the laws made by the parliament and any existing laws which apply in that State, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose".
Centre-State Relations during Emergency i During a national emergency under Articlethe state government become subordinate to the central government.
The Relation between Centre and State in India
All the executive functions of the state come under the control of the union government. Allocation of taxing powers The Constitution has provided the union government and the state governments with the independent sources of revenue. It allocates the powers to centre and the states in the following way: However, in case of tax revenue distribution, article states that duties are levied by the Union but are collected and appropriated by the States; Service tax levied by Union and collected and appropriated by the Union and the States Article A ; Taxes levied and collected by the Union but assigned to the States Article ; Taxes levied and collected by the Union but distributed between the Union and the States Article Surcharge on certain duties and taxes for purposes of the Union Article Under Articlethe parliament is authorized to provide grants-in-aid to any state as parliament may determine to be in need of assistance, and different sums may be fixed for different States.
Union can direct the State Governments to secure the provision of adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups. To ensure development of the Hindi language: Union can direct the State Governments to ensure the development of the Hindi language. To ensure government of a State is carried on in accordance with the provision of the Constitution: Union can direct the State Governments to ensure that the government of a State is carried on in accordance with the provision of the Constitution.
If any State failed to comply with any directions given by the Union in exercise of its executive power, then President may hold that, a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution. The President of India can entrust to the officers of the State certain functions of the Union Government.
However, before doing so the President has to take the consent of the state Government.
Central State Relation - Legislative, Administrative and Financial
But the Parliament can enact law authorizing the Central Government to delegate its function to the State Governments or its officers irrespective of the consent of such State Government. On the other hand, a State may confer administrative functions upon the Union, with the consent of the Union only. Appointment of High Dignitaries: The members of these services are recruited and appointment by the Union Public Service Commission.
The members of these services are posted on key posts in the states, but remain loyal to the Union Government.
The Parliament has been vested with power to adjudicate any dispute or complaint with respect to the use, distribution or control of the waters of, or in any inter-state river or river-valley. In this regard, the Parliament also reserves the right to exclude such disputes from the jurisdiction of the Supreme Court or other Courts. Centre State Relations During Emergencies 1.
The State Governments cannot ignore the directions of the Union Government, otherwise the President can take the action against the Government of the State stating that the administration cannot be carried on the accordance with the provisions of the Constitution and thus can impose President's rule on the State.
In such an eventuality the President shall assume to himself all or any of the functions of the state Government. Under Proclamation of National Emergency: During a Proclamation of National Emergency, the power of the Union to give directions extends to the giving of directions as to the manner in with the executive power of the State is to be exercised relating to any matter.
Under Proclamation of Financial Emergency: During a Proclamation of Financial Emergency, Union can direct the State Governments to observe certain canons of financial propriety and to reduce the salaries and allowances of all or any class of person serving in connection with the affairs of the Union including the Judges of the Supreme Court and High Courts.
Union also requires all Money Bills or Financial Bills to be reserved for the consideration of the President after they are passed by the Legislature of the State. It is thus, evident that in the administrative sphere the States cannot act in complete isolation and have to work under the directions and in cooperation with the Center. Centre State Financial Relations: Indian Constitution has made elaborate provisions, relating to the distribution of the taxes as well as non-tax revenues and the power of borrowing, supplemented by provisions for grants-in-aid by the Union to the States.
Article to deals with the provisions of financial relations between Centre and States. The Constitution divides the taxing powers between the Centre and the states as follows: The Parliament has exclusive power to levy taxes on subjects enumerated in the Union List, the state legislature has exclusive power to levy taxes on subjects enumerated in the State List, both can levy taxes on the subjects enumerated in Concurrent List whereas residuary power of taxation lies with Parliament only.
Distribution of the tax-revenue 1. Stamp duties on bills of Exchange, etc. These include taxes on the sale and purchase of goods in the course of inter-state trade or commerce or the taxes on the consignment of goods in the course of inter-state trade or commerce. Certain taxes shall be levied as well as collected by the Union, but their proceeds shall be divided between the Union and the States in a certain proportion, in order to effect on equitable division of the financial resources.
This category includes all taxes referred in Union List except the duties and taxes referred to in ArticleA and ; surcharge on taxes and duties mentioned in Article or any Cess levied for specific purposes. Surcharge on certain duties and taxes for purposes of the Union: Parliament may at any time increase any of the duties or taxes referred in those articles by a surcharge for purposes of the Union and the whole proceeds of any such surcharge shall form part the Consolidated Fund of India.
Grants-in-Aid Besides sharing of taxes between the Center and the States, the Constitution provides for Grants-in-aid to the States from the Central resources. There are two types of grants: These grants are given by the Parliament out of the Consolidated Fund of India to such States which are in need of assistance. Different States may be granted different sums.
But, in abnormal times, the scheme of distribution is either modified or suspended. In other words, the Constitution empowers the Parliament to make laws on any matter enumerated in the State List under the following five extraordinary circumstances: When Rajya Sabha Passes a Resolution: If the Rajya Sabha declares that it is necessary in the national interest that Parliament should make laws on a matter in the State List, then the Parliament becomes competent to make laws on that matter.
Such a resolution must be supported by two-thirds of the members present and voting. The resolution remains in force for one year; it can be renewed any number of times but not exceeding one year at a time. The laws cease to have effect on the expiration of six months after the resolution has ceased to be in force.
Constitution of India/The relationship between the union and the states
This provision does not restrict the power of a state legislature to make laws on the same matter. But, in case of inconsistency between a state law and a parliamentary law, the latter is to prevail. During a National Emergency: The Parliament acquires the power to legislate with respect to matters in the State List, while a proclamation of national emergency is in operation. The laws become inoperative on the expiration of six months after the emergency has ceased to operate.
Here also, the power of a state legislature to make laws on the same matter is not restricted. But, in case of repugnancy between a state law and a parliamentary law, the latter is to prevail.
The Relation between Centre and State in India
When States Make a Request: When the legislatures of two or more states pass resolutions requesting the Parliament to enact laws on a matter in the State List, then the Parliament can make laws for regulating that matter. A law so enacted applies only to those states which have passed the resolutions.
However, any other state may adopt it afterwards by passing a resolution to that effect in its legislature. Such a law can be amended or repealed only by the Parliament and not by the legislatures of the concerned states.
The effect of passing a resolution under the above provision is that the Parliament becomes entitled to legislate with respect to a matter for which it has no power to make a law. On the other hand, the state legislature ceases to have the power to make a law with respect to that matter. The resolution operates as abdication or surrender of the power of the state legislature with respect to that matter and it is placed entirely in the hands of Parliament which alone can then legislate with respect to it.
To Implement International Agreements: The Parliament can make laws on any matter in the State List for implementing the international treaties, agreements or conventions.Indian Constitution: Centre -State Relationship -1