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Tension Areas In Centre-State Relations

There are differences in distribution of legislative and administrative power, thus in the process of governance, circumstances lead to tension in centre and state relations.

Introduction

In the process of governance in a country, the policies are subdivided in relation with centre and state relations, the legislative and administrative policies are influenced by factors like demography, topography, and financial attributes. In the cases of emergencies and general authority, the central government in general has more power over the state government in terms of exercising power. A federal form of relation is associated regarding the relation between centre and state government.

Legislative relations between Centre and State

Territorial power of the state and central legislation

  • Parliament is the law-making body of the country
  • State government can make laws for the entirety of the state or some part of its territory
  • Parliamentary laws apply to the property of Indian citizens outside India’s territory, because of the extraterrestrial powers of the parliament
  • The president can make laws and regulations for the union territories

Distribution of the legislative subjects

  • The legislative subjects are subdivided into three groups – union list, concurrent list, and state list
  • Parliament has complete authority over the lawmaking body of the union list
  • The state government has the authority concerning the subjects under the state list
  • The parliament and state government makes laws on the subjects of concurrent list

Parliament’s legislation in the state

  • By the passage of a resolution by the Rajya Sabha with the support of two-thirds of the present members, the Parliament can make laws on the state body in terms of national interest
  • In cases of National emergency under Article 250, Parliament can make laws on the subjects of state government
  • During the president’s rule as stated by Article 356, the president subsequently the Parliament is granted the authority to govern the subjects under the state list
  • Parliament can also make laws for the subjects under the state list in the cases of implementation of international treaties
  • Government has the authority to reserve certain state bills for the central government’s recommendation
  • Certain bills passed by the state government are subject to the assent of the central government

Administrative relation between centre and state

Distribution of executive powers

  • The central government has extensive authority all over the subjects of the country
  • In terms of the centre and state relations, under concurrent list and other matters of concern, the executive powers are granted to the state government unless the parliamentary body specifically mentions the authority of the body to be granted to central government

Guidelines for state government

  • The central government is granted the authority to provide instruction regarding the exercise of executive powers by the state government
  • The central government has the authority to provide and maintain the means of communication of the states

Centre and State obligations

  • The president and state can form a council of body to discuss matters regarding the interest pertaining to centre and state relations.
  • Parliament has the authority to appoint a representative office to put constitutional provisions in function within the state regarding trade and commerce.
  • State government must exercise laws according to the parliament’s legislation
  • Article 356, that is the president’s rule can be imposed in situations if serious obstructions are found in the state policies
  • The central public services have the ultimate authority over the subjects of concern; the state public services have the direct control over the matter of subjects
  • The public service commission and the body can be appointed and removed only by the president
  • Article 312 grants the parliament to form All India Services
  • The UPSC has the authority to conduct recruitment strategies and select candidates for specific programs
  • Collaborating with the Chief Justice of India and governor, the president selects the judges of the high court

Conclusion

Legislative relation demonstrates power distribution between the Central and state government concerning the integrity and national interest. Whereas, administrative relations outline the collaborative approach of governance between the Central and the State governing bodies. However, the policies display a clear power dominance of the centre over the state which leads to occasional tension in the centre-state relations.