Center - State Relations

CENTRE – STATE

RELATIONS
• SUBMITTED TO – SH. AMITABH DWIVEDI
• BY – HARVIKRAM SINGH
• ROLL NO - 34006
CONTENTS
* HISTORICAL BACKGROUND
* CENTRE-STATE RELATIONS
- LEGISLATIVE RELATIONSHIPS
- ADMINISTRATIVE RELATIONSHIPS
* SARKARIA COMMISSION REPORT
HISTORICAL BACKGROUND
• ALTHOUGH THE FORM OF GOVERNMENT OF INDIA REMAINED
BASICALLY UNITARY UPTO 1937 , IT BEGAN TO BE REALIZED BY THE
END OF WORLD WAR 1 THAT SUCH A FORM OF GOVERNMENT WAS
NOT AT ALL SUITABLE FOR INDIA . EVEN BEFORE THAT, SOME EFFORTS
WERE MADE TOWARDS “DECENTRALIZATION” BUT THE PROCESS WAS
VERY SLOW AND A CAUTIOUS ONE . THE ACT OF 1919 INTRODUCED
“DYARCHY” WHICH CAN BE REGARDED AS THE FIRST STEP TOWARDS
THE FEDERALISM . THE FEDERAL FORM TOOK A PRATICAL SHAPE ONLY
IN THE GOVERNMENT OF INDIA ACT, 1935.
FEDERAL FEATURES

• WRITTEN CONSTITUTION
• RIGID CONSTITUTION WITH LITTLE FLEXIBILTY
• DISTRIBUTION OF POWERS – UNION , STATE &
CONCURRENT LIST
• INDEPENDENT JUDICIARY
• BICAMERALISM - RAJYA SABHA & LOK SABHA
CENTRE – STATE RELATIONS

• THE DISTRIBUTION OF POWERS BETWEEN THE UNION AND THE

STATES IS THE MOST IMPORTANT PART OF A FEDERATION . AT
THE SAME TIME , THIS HAS EMERGED AS THE MOST
CONTROVERSIAL QUESTION IN THE PRESENT POLITICAL
SYSYTEM IN INDIA .
• AS MANY AS FIFTY SIX ARTICLES OF INDIAN CONSTITUTION
(ART 245 – 300 ) IN PART XI AND XII DEAL WITH THIS
LEGISLATIVE RELATIONS
• ARTICLE ( 245 - 255 ) IN PART XI OF THE CONSTITUTION DEALS WITH THE
LEGISLATIVE RELATIONS BETWEEN THE CENTRE AND THE STATES.
1) DISTRIBUTION OF LEGISLATIVE SUBJECTS
UNION LIST - INCLUDES 100 SUBJECTS ( ORIGINALLY – 97 )

STATE LIST - INCLUDES 61 SUBJECTS ( ORIGINALLY – 66 )
CONCURRENT LIST – INCLUDES 52 SUBJECTS ( ORIGINALLY )
RESIDUARY POWERS
2) CENTRE’S PRIORITY OVER
CONCURRENT LIST
IN CASE OF A CONFLICT BETWEEN THE CENTRE AND A
STATE OVER LAW MAKING IN REGARD TO SOME ITEMS
INCLUDED IN THE CONCURRENT LIST , THE CENTRE GETS
PRIORITY OVER THE STATE . THE CENTRE HAS AN UPPER
HAND IN CASE SEPARATE LAWS ARE PASSED BOTH BY
CENTRE AND THE STATE .
3) CENTRE’S PRIORITY IN CASE
OF OVERLAPPING OF ITEMS
IN CASE OF OVERLAPPING OF A MATTER AS BETWEEN THE
THREE LISTS , PREDOMINANCE HAS BEEN GIVEN TO THE
UNION LEGISLATURE . THUS , THE POWER OF THE STATE
LEGISLATURE TO LEGISLATE WITH RESPECT TO MATTERS
ENUMERATED IN THE STATE LIST HAS BEEN MADE SUBJECT
TO THE SOURCES OF THE UNION PARLIAMENT IN RESPECT
OF MATTER ENUMERATED IN THE UNION AND THE
CONCURRENT LISTS
4) CENTRE’S POWER TO
LEGISLATE ON A SUBJECT OF
STATE LIST UNDER ART 249
IN THE NATIONAL INTEREST , THE PARLIAMENT HAS THE
POWER TO MAKE WITH RESPECT TO ANY MATTER
INCLUDED IN THE STATE LIST . UNDER ART 249 OF THE
CONSTITUTION , IF THE RAJYA SABHA PASSES A
RESOLUTION BY A TWO-THIRD MAJORITY OF THE
MEMBERS PRESENT AND VOTING THAT A PARTICULAR
SUBJECT IN THE STATE LIST OF NATIONAL
IMPORTANCE , THE PARALIAMENT CAN LEGISLATE ON
SUCH A SUBJECT .
5) UNDER A PROCLAMATION
OF EMERGENCY UNDER ART
250
WHILE AN ‘ EMERGENCY ‘ PROCLAIMED BY THE PRESIDENT IS

IN OPERATION , THE PARLIAMENT GETS SIMILAR POWER TO
LEGISLATE WITH RESPECT TO STATE SUBJECTS . UNDER ART. 250
, THE PARLIAMENT MAY AFTER THE ISSUE OF SUCH A
PROCLAMATION , EXERCISE THIS POWER OF LEGISLATION OF
STATE SUBJECTS WHICH CEASES TO HAVE EFFECT ON THE
EXPIRY OF A PERIOD OF SIX MONTHS .
6) BY AGREEMENT BETWEEN
STATES UNDER ART 252
THE UNION PARLIAMENT MAY ALSO LEGISLATE ON ANY STATE
SUBJECT IF THE LEGISLATURE OF 2 OR MORE STATES RESOLVED
THAT IT SHALL BE LAWFUL FOR PARLIAMENT TO DO SO . IT
SHALL BE OPEN TO ANY OTHER STATE TO ADOPT SUCH UNION
LEGISLATION IN RELATION TO ITSELF BY A RESOLUTION PASSED
BY THE LEGISLATURE OF THAT STATE ART 252
7) TO IMPLEMENT TREATIES
UNDER ART 253
THE PARLIAMENT MAY ALSO EXERCISE POWER TO LEGISLATE

ON ANY STATE SUBJECT FOR THE PURPOSE OF IMPLEMENTING
TREATIES OR INTERNANTIONAL AGREEMENTS AND
CONVENTIONS . IN OTHER WORDS , NOTHING IN THE STATE
SUBJECT CAN STAND IN THE WAY OF PARLIAMENT TO ENACT
LEGISLATION FOR CARRYING OUT ITS INTERNATIONAL
OBLIGATIONS
8) RESERVATION OF STATE’S BILL FOR
CONSIDERATIONS BY THE PRESIDENT
UNDER ART 200
9) REGARDING ABOLITION OF STATE
LEGISLATIVE COUNCIL UNDER ART
169
10) IMPACT OF STATE EMERGENCY
UNDER ART 356
ADMINISTRATIVE RELATIONS
• ART 256 TO 263 OF INDIAN CONSTITUTION DEAL WITH THE ADMINISTRATIVE
RELATIONS BETWEEN THE CENTRE AND THE STATES
1) DIRECTIONS TO THE STATES
UNDER ART 256 AND 257
ART 256 SPECIFIES THE RESPECTIVE OBLIGATIONS OF THE UNION AND STATES THAT
THE STATE POWERS SHOULD NOT COME IN CONFLICT WITH THE EXECUTIVE AND THE
LEGISLATIVE POWERS OF THE UNION AND TO THIS EFFECT THE UNION CAN ISSUE
DIRECTIONS TO THE STATES . FURTHER ART 257 LAYS DOWN THAT THE STATES SHALL
SO EXERCISE THEIR POWERS AS NOT TO IMPEDE OR PUT OBSTACLES IN THE WAY OF
EXERCIS OF THE EXECUTIVE POWER OF THE UNION .
APART FROM THIS , THE UNION GOVT CAN ALSO GIVE DIRECTIONS TO THE STATES
REGARDING :
(a) THE CONSTRUCTION AND MAINTENANCE OF MEANS OF COMMUNICATION
DECLARED TO BE OF NATIONAL OR MILITARY IMPORTANCE
(b) THE MEASURES TO BE TAKEN FOR THE PROTECTION OF RAILWAYS WITHIN THE
BOUNDARIES OF THE STATE . HOWEVER , THE EXCESS AMOUNT INCURRED BY THE
STATE ON THIS ACCOUNT IS TO BE PAID BY THE UNION
2) DELEGATION OF UNION
FUNCTIONS
THE PRESIDENT WITH THE CONSENT OF THE STATE GOVT CAN ENTRUST
ANY FUNCTION IN RESPECT OF ANY SUBJECT OVER WHICH THE
EXECUTIVE POWER OF THE UNION EXTENDS . THIS CAN BE
CONDITIONAL OR UNCONDITIONAL . IN THIS SENSE , THE STATES MAY
BE CONVERTED INTO AGENTS OF THE UNION GOVT . FURTHER , THE
PARLIAMENT MAY CONFER POWERS AND IMPOSE DUTIES UPON THE
STATE OR OFFICERS AND AUTHORITIES THEREOF IN RESPECT OF A LAW
WHICH IS APPLIED IN THAT STATE AND ABOUT THE SUBJECT MATTER OF
WHICH THE LEGISLATURE OF THE STATE HAD NO POWER TO MAKE
LAWS
3) POWERS OF THE STATES TO
ENTRUST FUNCTIONS TO THE UNION
UNDER ART 258 (A)
4) ALL INDIA SERVICES
CENTRE ALSO DOMINATES THE SATES IN REGARD TO

ALL INDIA SERVICESLIKE THE IAS , THE IPS ETC.
MEMBERS OF THESE ALL INDIA SERVICES ARE
APPOINTED BY THE PRESIDENT OF INDIA ON THE BASIS
OF COMPETITIVE EXAMINATION HELD BY THE UPSC .
THE PALAIMENT MAY ALSO CREATE A NEW ALL INDIA
SERVICE , IF THE RAJYA SABHA PASSES A RESOLUTION
BY A 2/3 RD MAJORITY OF ITS MEMBERS PRESENT AND
VOTING
5) INTER – STATE COUNCIL UNDER
ART 263
6) INTER STATE WATER COMMISSION
UNDER ART 262
7) INTER – STATE COMMERCE
COMMISSION
8) NITI AAYOG
9) ZONAL COUNCILS
10) APPOINTMENT OF GOVERNORS
11) ANNUAL CONFERENCE OF
GOVERNORS
12) CHIEF MINISTER CONFERENCE
REPORT OF THE SARKARIA
COMMISSION
IN 1983 , A 3 MEMBER COMIMISSION , HEADED BY JUSTICE SARKARIA WAS

APPOINTED TO LOOK INTO THE CENTRE STATE RELATIONS ON THE PERSISITENT
DEMAND OF VARIOUS REGIONAL AS WELL AS NATIONAL OPPOSITION PARTIES,
PARTICULARLY IN THE WAKE OF AKALI AGIATION , TO COOL DOWN THEIR
DEMAND FOR STATE AUTONOMY AS EXPRESSED IN THE FAMOUS ANANDPUR
SAHIB RESOLUTION . IT GAVE ITS REPORT AFTER FOUR YEARS IN 1987, WHICH
CLEARLY STATES THAT THERE IS NOTHING FUNDAMENTALLY WRONG WITH THE
CONSTITUTION AND IT DOES NOT NEED DRASTIC CHANGES.
•THANK YOU

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CENTRE – STATE

• THE DISTRIBUTION OF POWERS BETWEEN THE UNION AND THE

UNION LIST - INCLUDES 100 SUBJECTS ( ORIGINALLY – 97 )

WHILE AN ‘ EMERGENCY ‘ PROCLAIMED BY THE PRESIDENT IS

THE PARLIAMENT MAY ALSO EXERCISE POWER TO LEGISLATE

CENTRE ALSO DOMINATES THE SATES IN REGARD TO

IN 1983 , A 3 MEMBER COMIMISSION , HEADED BY JUSTICE SARKARIA WAS

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