INTRODUCTION TO THE INDIAN CONSTITUTIONUNIT-VI (a) CENTRE STATE RELATIONS

 

UNIVERSITY OF DELHI / SCHOOL OF OPEN LEARNING 

Generic Elective (GE) - Political Science

INTRODUCTION TO

THE INDIAN CONSTITUTION

N.O.T.E.S

                                             UNIT-VI

(a) CENTRE STATE RELATIONS

INTRODUCTION :

- Federalism is a form of government where powers are divided between the Centre and the States, allowing each to remain independent.

- The framers of the Indian Constitution divided powers between the Centre and the States but declared India as a 'Union of States' rather than a 'Federation of States' in Article 1.

- The nature of Indian federalism is complex, and different political scientists have differing views on it.

- Some, like Sir Ivor Jennings, Paul H. Appleby, K. Subba Rao, g Rajendra Prasad, and Dr B.R. Ambedkar, describe the Indian Constitution as federal.

- On the other hand, DR. K.M. Munshi considers it more unitary than federal.

- K.C. Wheare describes the Indian Constitution as quasi-federal.

DIVISION OF POWERS :

- Federalism in India means power-sharing between the Centre and the States.

- The Constitution specifies subjects for the Centre and States through three lists: Union List, State List, and Concurrent List.

- The Union List includes important national subjects like defence, foreign affairs, railways, etc., and only the Centre can make laws on these.

- The State List covers subjects like police, public health, agriculture, etc., and only the State legislature can make laws on these.

- The Concurrent List includes subjects like criminal law, marriage, forests, etc., on which both the Centre and States can make laws.

- In case of conflicts, laws made by Parliament on Concurrent List subjects override State laws.

- The Constitution defines the number of subjects in each list: Union List (100 subjects), State List (61 subjects), and Concurrent List (52 subjects).

LEGISLATIVE RELATIONS :

- The distribution of legislative powers between the Centre and States is guided by Article 245 and Article 246 of the Constitution.

- However, there are certain circumstances where this distribution is modified.

- Parliament can make laws on State subjects under certain conditions, such as declaring a subject of 'national interest' or during a proclamation of emergency.

- Resolutions passed by multiple State legislatures can request Parliament to make laws on a subject, not in the Union list, applicable to those States.

- Parliament can make laws to implement treaties, agreements, or decisions from international conferences.

- The Governor can reserve certain bills, including those related to Concurrent list matters, for the President's consideration.

- During an emergency, Parliament can legislate on State list matters, essentially converting it into a Concurrent list.

- The listing of subjects in different lists does not determine the power balance between the Centre and States.

- Parliament's ability to intervene in State subjects strengthens the Centre's position, aligning with the socio-economic and political conditions during the framing of the Constitution.

ADMINISTRATIVE RELATIONS : 

- The executive power in India is co-extensive with the legislative power.

- While the Centre and States have equal executive power in legislative matters, the Centre possesses more administrative power.

- Articles 256 to 263 grant the Union control over States in various aspects, even in normal conditions.

- The Union can give directions to States to ensure compliance with laws, prevent e  Union's executive power, execute schemes for welfare, etc.

- If a State fails to comply with Union directions, the President can declare a situation where the State government cannot function, leading to the dismissal of the government and possible suspension or dissolution of the State Assembly.

- Additional provisions in the Constitution further tilt the balance of power towards the Centre, such as grants-in-aid to States, control over All India Services, entrusting functions to State governments, and influence over Governors' appointments.

- The Centre's administratively predominant position affects State autonomy, despite attempts to balance State and Centre powers during the Constitution's framing.

 FINANCIAL RELATIONS :

Financial Relations between Centre and States in India

1. Distribution of Taxes and Revenue :

   - Taxes collected and appropriated by States: Stamp duties and excise duties on medicinal and toilet preparations.

   - Taxes assigned to States by the Union: As per principles formulated by Parliament.

   - Taxes levied by the Union and distributed between the Union and States.

   - Surcharges on duties and taxes exclusively go to the Union.

   - Taxes levied by the Union and may be distributed if provided by Parliament.

   - Grants-in-aid provided by the Centre for specific purposes and states.

2. Consolidated Funds :

   - Separate Consolidated Funds for the Centre and each State.

   - Receipts from taxes, fees, and cesses credited to respective Consolidated Funds.

   - Withdrawal from Funds requires e authority of law.

3. Finance Commission and Planning Commission :

   - Finance Commission determines e the taxes and grants-in-aid between in and States.

   - Planning Commission (extra-Constitutional body) controls and distributes Central grants to States.

4. Issues in Centre-State Relations :

   - Discriminatory role of the Governor.

   - Reservation of Bills for the consideration of the President.

   - Dismissal of State Governments under Article 356.

   - Use of All India Services by the Centre.

   - Discrimination in the allocation of funds.

   - Postponement of Assembly By-elections for partisan reasons.

   - Appointment of Enquiry Commissions.

   - Demand for State Autonomy.

   - Law and Order problems in States and the role of the Centre.

   - Differences in Finance and Planning.

   - Inter-State disputes (boundary and water).

FIFTH AND SIXTH SCHEDULES : 

Protection of Tribal Interests and Autonomy in d distribution centre the Indian Constitution

1. Fifth Schedule :

- Defines "Scheduled Areas" in 9 states of India.

- Executive power of the State is subject to the Fifth Schedule.

- Tribes Advisory Council advises the government on tribal welfare.

- Governor can exempt Acts from applying or modify them in Scheduled Areas.

- Governor can make regulations to restrict land transfer among Scheduled Tribes.

2. Sixth Schedule :

- Special provisions for tribal self-rule in hilly areas of if states.

- Autonomous districts administered by District Councils and Regional Councils.

- Councils have legislative, judicial, and revenue collection powers.

- Councils can make laws on various subjects and establish village councils/courts.

- President/Governor can exempt Acts from applying or mod them in autonomous districts.

- Councils are subject to the jurisdiction of the High Court.

Purpose: Ensuring protection of tribal people's land, natural resources, cultural identities, and democratic traditions in Scheduled Areas and autonomous districts.

PRACTICE QUESTIONS

1. Explain Central and State Relations.

Central and State Relations:

Central and State relations refer to the relationship and division of powers between the central government (Union) and the state governments in a federal system. In India, the Constitution clearly defines the distribution of powers and functions between the central government and the state governments. The central government has authority over subjects listed in the Union List, such as defence, foreign affairs, and currency. The state governments have authority over subjects listed in the State List, including police, public health, and local government. Subjects listed in the Concurrent List, such as criminal law, education, and agriculture, are shared by both levels of government, with the central government having overriding authority in case of a conflict.

To ensure coordination and cooperation between the central government and state governments, certain provisions are in place. These include the power of the central government to give directions to the states, the establishment of intergovernmental bodies like the Inter-State Council, and the ability of the central government to intervene in the affairs of a state under extraordinary circumstances through the imposition of the President's Rule.

-----------------------------------------------------------------------------------

2. Define the Power? Comparison between Legislative and Administrative.

Power: Comparison between Legislative and Administrative:

Power, in the context of government, refers to the authority or ability to influence, control, or make decisions. It can be categorized into legislative power and administrative power.

Legislative power is the authority to make laws. The legislative branch of government, consisting of the Parliament at the central level and the state legislatures at the state level, is responsible for enacting laws. The legislative process involves proposing, debating, amending, and passing laws that shape the legal framework of the country or state. Legislative power allows the government to set policies, regulate societal issues, and establish rights and responsibilities for citizens.

Administrative power, on the other hand, relates to the implementation and execution of laws and policies. The executive branch of government, which includes the central and state governments, is responsible for administering and carrying out the laws enacted by the legislature. Administrative power involves the implementation of policies, enforcement of laws, management of government programs and services, and decision-making in day-to-day governance. It includes functions such as formulating regulations, issuing executive orders, allocating resources, and overseeing public administration.

While legislative power focuses on the creation and amendment of laws, administrative power is concerned with their implementation and execution. Legislative power determines the framework and principles, while administrative power ensures the practical application and enforcement of those laws and policies.

--------------------------------------------------------------

3. Write a short essay on the Fifth and Sixth Schedules.

 Fifth and Sixth Schedules:

The Fifth and Sixth Schedules of the Indian Constitution are significant provisions that aim to protect and promote the rights and welfare of marginalized communities, particularly Scheduled Tribes, in specific regions of the country. These schedules recognize the unique social, economic, and cultural circumstances of these areas and provide a framework for their administration and governance.

The Fifth Schedule deals with the administration and control of Scheduled Areas, which are predominantly inhabited by Scheduled Tribes. These areas are spread across nine states, including Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, and Rajasthan. The President, in consultation with the Governor of the respective state, has the authority to declare an area as a Scheduled Area.

One of the key provisions of the Fifth Schedule is the establishment of Tribes Advisory Councils in each state. These councils consist of representatives, with a majority belonging to Scheduled Tribes, who advise the government on matters concerning the welfare and advancement of the tribal communities. The Governor is empowered to make regulations to prohibit or restrict the transfer of land by or among members of Scheduled Tribes. The regulations made by the Governor require the assent of the President.

The Fifth Schedule also allows the Governor to exclude certain Acts of Parliament or State legislatures from applying to Scheduled Areas or to apply them with modifications. This provision ensures that the laws do not undermine the rights and interests of the tribal communities living in these areas. The primary objective of the Fifth Schedule is to protect tribal people from being alienated from their land and natural resources and to promote their overall well-being.

The Sixth Schedule, on the other hand, focuses on the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram. These areas are characterized by hilly terrains and a significant tribal population. The Sixth Schedule provides for the establishment of autonomous districts within these states, each with its own District Council and Regional Council.

Under the Sixth Schedule, the autonomous districts remain under the executive authority of the respective state governments. However, the District Councils and Regional Councils exercise certain legislative and judicial functions. They have the power to make laws on specific subjects such as land use, land occupation, marriage and divorce, social customs, and management of forests. These councils also have the authority to levy taxes, collect revenue, and administer the affairs of the autonomous districts.

Furthermore, the President or the Governor can exempt or modify the application of Central or State Acts within the autonomous districts. The Sixth Schedule ensures that the tribal communities in these areas can preserve their cultural heritage, exercise self-governance, and participate in the decision-making process that affects their lives.

In summary, the Fifth and Sixth Schedules of the Indian Constitution recognize the distinctive needs and aspirations of Scheduled Tribes in certain regions of the country. These schedules provide a constitutional framework for the protection and development of these communities by ensuring their representation, safeguarding their land rights, and empowering them with self-governance. By incorporating these provisions, the Constitution seeks to preserve the diverse social fabric of the nation and promote inclusive development for all its citizens.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------