Trends of Centre-State Relations

Since India’s independence, the dynamics of Centre-State relations have been an important aspect of Indian politics. This is primarily because of the fact that our country is a federal republic, with a strong Centre and weak states. In this article, we will take a look at some of the key issues in Centre-State relations, and how they have changed over time. We will also discuss the various provisions in the Constitution of India that deal with Centre-State relations.

What are legislative Centre and State relations?

The Centre and State relation is defined by the Constitution of India. It is a federal system wherein the Central government has been vested with powers on matters of national and international importance while the State governments have been given power over matters of regional and local importance.

The Constitution provides for a three-tier system of government in India- the Union government or the Central government, the State governments, and the local bodies or panchayats. In India, the Centre and state relations can be divided on the basis of three categories namely legislative relations, financial relations, and administrative relations. Let’s talk about them in detail.

Article Deals with Centre-State Relations in India

Legislative Relations: 245 to 255 article deals with centre-state relations in India between the Centre and state. It mentions the extent of laws made by parliament and the state legislature. It also deals with a concurrent list where both the parliament and state legislature can make laws. Administrative Relations: Article 256 to Article 263 of Part XI of the Indian Constitution deals with the administrative relations between Centre and state. It mentions the executive powers of the union and state. It also deals with the appointment of the Governor and his/her functions. Article 268 to Article 293 of Part XII of the Indian Constitution deals with financial relations between the Centre and state. It mentions the taxes which can be levied by the Centre and state. It also mentions the Grants-in-aid to states by the Centre.

Extent Of The Laws And Subject Matter Of Laws Made By The Parliament And State Legislatures

The Parliament has the power to make laws for the whole or any part of the territory of India. The State Legislature has the power to make laws for the whole or any part of the State. However, there are restrictions on this power of the State Legislature. Firstly, the Parliament has exclusive power to make laws with respect to any of the matters enumerated in the Union List. Secondly, the Parliament has overriding power over the State Legislature in certain cases. Thirdly, the Parliament has the power to make laws on concurrent subjects in certain cases even if the State Legislature has also made law on that subject. Lastly, the Parliament has the power to make laws for implementing treaties and international agreements. The Constitution of India contains three lists that enumerate the powers of the Parliament and State Legislatures respectively. These are:

Union List: The matters enumerated in this list are within the exclusive power of the Parliament to make laws. There are 97 items on this list. Some of the important matters enumerated in this list are defence, external affairs, banking, communication, and currency.

State List: The matters enumerated in this list are within the exclusive power of the State Legislature to make laws. There are 66 items on this list. Some of the important matters enumerated in this list are police, trade, commerce, and agriculture.

Concurrent List: The matters enumerated in this list are within the power of both the Parliament as well as State Legislatures to make laws. There are 47 items on this list. Some of the important matters enumerated in this list are education, forests, etc.

Inconsistency Between State Legislature And Central Parliament

If there is any inconsistency between laws made by the state legislature and the laws constructed by the Central Parliament, then the law formulated by the Central Parliament shall be given importance. This is because article 254(i) of the Constitution of India provides that laws made by the Parliament shall be highlighted over laws made by the state legislature with respect to any matter in the Concurrent List. The article also provides that if any inconsistency arises between the laws made by the Parliament and state legislature laws with respect to any matter in the State List, then the law construed by the state legislature shall prevail in that state. However, this provision is subject to two exceptions. Firstly, if the President of India has given his assent to a law made by the Parliament, then that law shall prevail in the whole of India. Secondly, if the President of India has given his assent to a law made by the state legislature, then that law shall prevail in that state. Thus, the article provides a clear hierarchy between the laws constructed by the Parliament and the laws formulated by the state legislature. It is important to note that the article does not make any distinction between Union laws and state laws. Therefore, it is clear that the article applies to both Union laws and state laws. The article also lays down the procedure to be followed in case of inconsistency between the laws made by the Parliament and state legislature.

Conclusion

From the above article, it is clear that Centre-state relations in India are a complex and sensitive issue. The constitution of India has provided for a federal system of government but the reality is that it has not been fully implemented. There are a number of issues that have led to strained relations between the Centre and the states. These include disputes over water resources, sharing of tax revenues, control over law and order, etc.