Federation is a system of government that seeks to reconcile national unity with local autonomy.
Our country India is a federal country and therefore the powers and the functions are divided among the Centre and the state as mentioned in the 3 lists under schedule 7 of the constitution. These legislative powers of the union and the state as mentioned in Art.245-254 have to be practiced without the contravention of fundamental rights of the citizens.
Analyzing the constitution makes it evident that the central powers are more dominant over the state powers as stated. But the actual concern is that some of the power of states have got acquired by the Centre and has led to an irregularity in the trend as stated in the constitution. Therefore, it is crucial to reconsider the provisions regarding the same in our legal system.
THE DOMINANT POWER OF CENTRAL
Following the pattern of Government of India Act,1935 for distribution of the powers, dominance has been given to union parliament over the state legislatures.
Art. 245 of the constitution deals with the ambit of territorial jurisdiction of the union and the state legislature. The power of the union to make laws for any territory in the country and the state legislature laws being confined to its particular state give rise to the theory of TERRITORIAL NEXUS.
In the case of the Republic of Italy Vs Union of India, the ambiguity in the authority of powers between the state and the union is clearly evident. The issue revolves around whether the jurisdiction to prosecute the Italian convicts rests by the Kerala govt. or the Central govt. In accordance with the Maritime Zone Act, there is a provision that the central govt. has powers to prosecute the convicts found in the contiguous zone of the seawater by setting up a special court for the purpose. In spite of such clear stated rules and regulations in the various special acts and the standard laws, Kerala Govt intervened in the prosecution process which led to a rigorous proceedings schedule taking up years to reach a final conclusion. The ambiguities that got created while dealing with constitution and IPC in accordance with the special laws are natural but should be minimized to improve the justice delivery system. Every case sets a precedent for the suitable implementation of laws in the future.
According to Art. 246 of the constitution, the parliament has exclusive power to make laws for any territory of the country including all states with respect to all the items contained in 3 lists. If the two different states have two different legislatures regarding a particular thing, then they cannot be read either in conjunction or in comparison to determine whether they are discriminatory or not as held in the case of State of MP V. GC Mandawar.
There has to be some overlapping between the items mentioned in the 3 lists to remove the ambiguity of determining the sphere of government (union or state) they lie in.
PROVISIONS CONCERNING THE ABSOLUTE POWER
To interpret the respective powers as mentioned in the lists, the Supreme Court had given some principles as mentioned below-
The plenary power of the legislature– This allows the legislature with absolute power to enact laws subject only to its legislative competence and other constitutional limitations. The absolute power to make amendments to the future as well as the past acts, removing the effectiveness of any current or previous law lies within the parliament. The limitation to this lies with the impugned laws passed by the state legislature which the parliament cannot even validate.
If the legislation is made by the legislature beyond its competence and the constitutional powers, it is said to a law transgressing constitutional limitation and is ultra vires or void termed as colorable legislation.
Further, according to Art. 254 of the constitution, if there is any ambiguity or repugnancy in any of the provisions made by the union to that of the state legislature, then the union government legislation shall always prevail provided the items being dealt are of concurrent list. Only if the state legislature is made in repugnancy to older parliamentary legislation and has received the assent of the president dealing with a concurrent list, then the state legislation shall prevail. Moreover, the parliament has the power to make a new law regarding the above state law passed by the assent of the president.
Some subjects intended to be in state jurisdiction are held with central powers such as industries, universities, inter-state, and rivers. Further, the power to legislate any subject not mentioned in any of the lists lies with the union within the ambit of Art. 248 of the constitution. Under any of the emergencies, it is the union who has the full authority to practice the powers of the state legislations over the whole territory to make the laws abiding by the orders of the president. Two or more states can collectively come and make common laws for themselves after being approved by the state legislatures as well as the parliament. The power to amend such law still vests with the parliament in the future.
The parliament has the absolute power to make any law, convention, or a treaty for the whole country, but it has to be in constitutional limits i.e. not violating any of the fundamental rights of its citizens according to Art.253 of the constitution.
Parliament has absolute authority over the union territories where this distribution of legislative powers does not apply.
Conclusively, the central government has the power to make laws for the whole country related to every subject except those mentioned in the Art.264(4) i.e. state list. Further in exceptional cases of emergencies, this power within the hands of central becomes absolute covering the state list subjects as well. Indian Constitution has unitary skin and behaves as one at a time of disaster.
The crucial and complex ingredient in the center-state relation is the role of the governor. According to Art.155 of the constitution, the governor is appointed by the president in confirmation with the various cabinet ministers. The controversy is within the procedure of this selection which is not followed in the actual sense.
Dr. B.R. Ambedkar introduced the parliamentary system both for the Centre as well as the states. In accordance with the parliamentary democracy, the Governor is ordinarily a constitutional head acting on the advice of the Council of Ministers elected mainly by the president. At the same time, the constitution visualizes situations where he is to act in his discretion and not, on the advice of the Council of Ministers. Moreover, what is his discretionary field of activities is also left to the governer’s discretion. The powers of the governor are mentioned in Art. 356 of the constitution.
In the landmark case of S.R.Bommai Vs. Union of India, the Court observed that the decision of the President to impose President’s rule in fact is the decision of the central which comes to President in the form of advice. Further, the advice can be questioned and thus the imposition of the rule can be reviewed by the judiciary. Since this case, the attitude of the ruling party has greatly changed showing a good remark regarding center-state relations. In 2001, it was finally agreed that while appointing the Governor, the parliament will consider the views and wishes of the concerned state government.
Our country has witnessed the misuse of the powers of governor violating the Art.356 quite a no. of times in the country’s past. The most famous case of Indira Gandhi was witnessed in 1977.
Mrs. Indira Gandhi got removed from the power by a negative vote against Congress in 1977 and was put behind the bars. It came to limelight when the Janata experiment in Delhi failed due to intra-party and inter-party feuds. Political ambitions of some leaders prevented the government to loose credibility and another mid-term poll was imposed on the nation in January 1980. Indira Gandhi was back in power by 1980 after a positive vote.
The way in which Indira Gandhi ruled at that time was an act of political vengeance. The Janata Party developed a new political thesis after coming to power. Immediately after the Lok Sabha elections, the new ruling party thought of dissolving the state assemblies of nine states from where the Janata Party returned to Lok Sabha with the throbbing the majority. Keeping in view these aims and objectives, the Union Home Minister Mr. Charan Singh ordered the Chief Ministers of nine states to resign from their government to facilitate a fresh election for the State Assemblies. As the Congress CMs of these states refused to comply with the advice of the central. So, the union government unilaterally dissolved the State Assemblies and imposed President’s rule in nine states abruptly, namely Bihar, Haryana, Himachal Pradesh, Madhya Pradesh, Orissa, Punjab, Rajasthan, Uttar Pradesh, and West Bengal.
In 1980, Mrs. Indira Gandhi returning to the power, and a retaliatory action seeking the same guidelines led to the dissolution of nine State Assemblies – Gujarat, Haryana, Madhya Pradesh, Maharashtra, Orissa, Punjab, Rajasthan, Tamil Nadu, and Uttar Pradesh- where Janata Party or its associates have badly fared in the election.
In the case of other dissolutions and imposition under the president, the same vexed issues of political defection, leadership crisis, factionalism, and breaking up of political understanding came up for action. The mass dissolutions thus became an eye-raising issue that the constitution had never suggested.
The states are highly dependent on the union for the resources due to the restriction in the taxation sector. The dependency of the states “upon the union for allocation of funds from and out of the taxes collected by it” makes the union dominative. Though there is little control of the union over the financial resources earmarked by the constitution for the states, yet, the union is always in a position to bear indirect pressure upon the States. The union being authoritative can always persuade the state to take its advice.
Above all, the way the central leadership treats the states while giving funds is often a source of reaction from the states creating inter-relation problems.
It is regarded as the most serious constraint upon their autonomy. The states ruled by coalition parties in power at the center often complain of discretionary and step-motherly treatment in matters of funds allocation and grants-in-aid giving. In the past, many of the leaders of regional and local parties, as well as the leaders of CPI (M), BSP had voiced against the discriminatory treatment towards their ruled states by the Congress at the center power. The use of the superior financial power of the center for partisan ends by the party in power remains a perpetual complaint of the state governments all over the country.
All the above discussed have been the major issues and dilemmatic areas in the Union-State relations. These have led Indian federation, develop conflictual and confrontational character. The objective of co-operative federalism as proposed by Dr. B.R. Ambedkar had suffered a setback in the face of Centre-State conflict over the above-mentioned issues and areas. While there are some subjects in the demands of the states, one cannot ignore irresponsible behavior on the part of some states which are mostly ruled by regional parties. Likewise, the instances of political and partisan use of constitutional provisions of the central leadership must not be overlooked. Both the union and states must accept co-operative federalism and ingrain a spirit of mutual accommodation on matters of national and regional importance.
93 thought on “DISTRIBUTION OF POWERS BETWEEN CENTRE AND STATE”
Hey very nice blog!
This text is invaluable. How can I find out more?
You need to take part in a contest for one of the most useful websites on the net.
I am going to highly recommend this web site!
It is not my first time to pay a quick visit this website, i
am browsing this site dailly and obtain nice information from here everyday.
I was curious if you ever thought of changing the page layout of your
website? Its very well written; I love what youve got to say.
But maybe you could a little more in the
way of content so people could connect with it better.
Youve got an awful lot of text for only having 1 or two images.
Maybe you could space it out better?
Its not my first time to pay a quick visit this web page, i am browsing this web page
dailly and take good information from here every day.
Very quickly this website will be famous amid all
blog people, due to it’s good content
you’re in reality a excellent webmaster. The site loading velocity is
amazing. It kind of feels that you’re doing any unique trick.
Also, The contents are masterwork. you’ve done a wonderful task in this
It’s truly a great and helpful piece of info.
I am satisfied that you shared this helpful info
with us. Please keep us up to date like this. Thanks
That is a good tip particularly to those new to the blogosphere.
Short but very accurate information… Thank you for
sharing this one. A must read post!
Hey very interesting blog!
These are in fact impressive ideas in about blogging.
You have touched some good things here. Any way keep up wrinting.
My partner and I stumbled over here coming from a different website and thought I might check things
out. I like what I see so now i am following you. Look forward
to looking over your web page repeatedly.
Exceptional post however I was wondering if you could write a litte more
on this subject? I’d be very grateful if you could elaborate a little bit more.
I seriously love your blog.. Great colors & theme.
Did you build this site yourself? Please reply back as I’m wanting to
create my own personal blog and want to learn where you got this from or exactly what
the theme is called. Cheers!
Currently it seems like WordPress is the best blogging platform out there right now.
(from what I’ve read) Is that what you are using on your blog?
Howdy! I could have sworn I’ve visited this web site before but after going through
a few of the articles I realized it’s new to me.
Anyhow, I’m certainly happy I found it and I’ll be bookmarking it and checking back often!
You actually make it seem so easy with your presentation but
I find this matter to be really something that I think
I would never understand. It seems too complex
and extremely broad for me. I’m looking forward for your next post, I will try to get the hang of it!
I need to to thank you for this good read!! I definitely enjoyed every
little bit of it. I’ve got you bookmarked to look at new things you post…
I do not even understand how I stopped up here, however I thought this submit used to be great.
I do not know who you might be but definitely you’re going to a famous blogger should you are not already.
Hey would you mind stating which blog platform you’re using?
I’m going to start my own blog in the near future
but I’m having a hard time making a decision between BlogEngine/Wordpress/B2evolution and Drupal.
The reason I ask is because your design and style seems different
then most blogs and I’m looking for something unique. P.S My apologies for being
off-topic but I had to ask!
Thank you, I’ve just been looking for information approximately this subject
for a long time and yours is the best I have discovered till now.
But, what concerning the bottom line? Are you positive in regards to the
Superb blog! Do you have any tips and hints
for aspiring writers? I’m hoping to start my own blog soon but
I’m a little lost on everything. Would you propose starting with a free
platform like WordPress or go for a paid option? There are so many choices out there
that I’m completely confused .. Any suggestions?
Right here is the right blog for everyone who wishes to find out about this topic.
You realize a whole lot its almost hard to argue with you (not that I really will need to…HaHa).
You certainly put a fresh spin on a subject that
has been written about for decades. Great stuff, just excellent!
Everything is very open with a really clear clarification of the challenges.
It was truly informative. Your website is very useful. Many thanks for sharing!
Quality posts is the main to be a focus for the users
to pay a quick visit the website, that’s what this site is providing.
I always emailed this webpage post page to all my friends, since if like to
read it next my links will too.
If some one needs expert view concerning blogging afterward i advise him/her to pay a quick visit this webpage, Keep up
the good work.
It’s perfect time to make some plans for the longer term and it is time to be happy.
I have read this submit and if I may just I want to recommend you few attention-grabbing issues or advice.
Maybe you can write next articles regarding this article.
I want to read even more issues about it!
It’s in reality a nice and helpful piece of info.
I am happy that you shared this useful information with us.
Please keep us up to date like this. Thank you for sharing.
Heya i’m for the first time here. I found this board and I find It truly useful
& it helped me out a lot. I hope to give something back and help others like you aided me.
Hi to all, it’s really a good for me to pay
a visit this site, it consists of important Information.
No matter if some one searches for his required thing, thus
he/she desires to be available that in detail, thus that thing is maintained over here.
Heya superb blog! Does running a blog similar to this take a great deal of work?
I’ve virtually no expertise in computer programming however I was hoping to start my own blog in the
near future. Anyhow, should you have any ideas or tips for new blog owners please
share. I know this is off topic nevertheless I
simply wanted to ask. Thanks!
Very energetic post, I loved that a lot. Will there be a part 2?
Great blog here! Also your site so much up fast!
What host are you the usage of? Can I am getting your associate hyperlink on your host?
I wish my website loaded up as fast as yours lol
Hi, its nice post on the topic of media print, we all understand media is a great
source of data.
whoah this weblog is wonderful i really like
reading your posts. Keep up the good work! You recognize, many persons are hunting around for this info,
you can aid them greatly.
When I initially commented I seem to have clicked
on the -Notify me when new comments are added- checkbox and
from now on each time a comment is added I receive four
emails with the exact same comment. Is there a means
you can remove me from that service? Kudos!
I’m amazed, I have to admit. Rarely do I encounter
a blog that’s equally educative and engaging, and without a doubt, you have hit the nail
on the head. The problem is something which too few people are speaking intelligently about.
I am very happy I found this in my search for something
I all the time used to study post in news papers but now as I am a user of net therefore from now I am using net
for articles, thanks to web.
This is the right web site for anybody who hopes to understand this topic.
You realize a whole lot its almost tough to argue
with you (not that I personally will need to…HaHa).
You definitely put a fresh spin on a topic that has been discussed for years.
Wonderful stuff, just excellent!
[url=http://viagramoz.com/]order viagra 100mg[/url]
Good day legisnations.com guys!
Do you know Pinterest?
look my pinterest
[url=https://www.pinterest.co.kr/pin/642466703086644662/ ] к°•л‚Ёл¦Ѕм№ґнЋ [/url]
Please repin it.
An outstanding share! I’ve just forwarded this onto a friend who had been conducting a little homework
on this. And he in fact ordered me breakfast because I discovered it for him…
lol. So let me reword this…. Thanks for the meal!!
But yeah, thanx for spending some time to discuss this issue here on your web site.
I don’t even know how I ended up here, but I thought this post
was good. I do not know who you are but certainly
you are going to a famous blogger if you aren’t already 😉 Cheers!
Attractive section of content. I just stumbled upon your blog
and in accession capital to assert that I get in fact enjoyed account your blog posts.
Anyway I will be subscribing to your feeds and even I achievement you access consistently
Have you ever thought about adding a little bit
more than just your articles? I mean, what you say is valuable
and all. However think of if you added some great images
or videos to give your posts more, “pop”! Your content is excellent but with images and video clips, this website could definitely be one
of the greatest in its niche. Very good blog!
No matter if some one searches for his necessary thing, thus he/she needs to be available that in detail, thus that thing is maintained over here.
Thank you for any other excellent article. The place else may anyone get
that type of info in such an ideal method of writing? I’ve a presentation subsequent week, and I’m at the search for such info.
Its like you learn my thoughts! You seem to grasp a lot about this, such as
you wrote the book in it or something. I feel that you simply can do with some percent to pressure the message home a little bit,
however instead of that, that is excellent blog. A great read.
I’ll certainly be back.
Great blog here! Also your site loads up fast!
What host are you using? Can I get your affiliate link to your host?
I wish my site loaded up as quickly as yours lol
Hi to all, the contents present at this web page are genuinely awesome for people experience,
well, keep up the nice work fellows.
I’m really inspired along with your writing skills and also with the
format in your weblog. Is this a paid subject or did you customize it yourself?
Either way stay up the excellent quality writing, it’s rare to look a great blog like this one nowadays..
I read this paragraph fully on the topic of the comparison of newest and preceding
technologies, it’s amazing article.
Ahaa, its pleasant dialogue regarding this article at this place at
this weblog, I have read all that, so now me also commenting at this place.
I must thank you for the efforts you’ve put in writing this blog.
I’m hoping to check out the same high-grade content from you in the future as well.
In truth, your creative writing abilities has inspired
me to get my own, personal site now 😉
I am regular visitor, how are you everybody?
This piece of writing posted at this site is really pleasant.
Just want to say your article is as amazing.
The clarity in your post is just cool and i could assume you’re an expert on this subject.
Fine with your permission allow me to grab your RSS feed to keep updated with forthcoming post.
Thanks a million and please keep up the enjoyable work.
What’s Taking place i’m new to this, I stumbled upon this I’ve discovered It positively useful
and it has aided me out loads. I’m hoping to contribute
& help different users like its aided me. Good job.
Highly descriptive post, I liked that bit.
Will there be a part 2?
hi!,I like your writing very a lot! proportion we be
in contact extra about your article on AOL? I require
an expert on this area to solve my problem. May be that is you!
Taking a look ahead to peer you.
Your style is really unique compared to other people I’ve
read stuff from. Thank you for posting when you have
the opportunity, Guess I’ll just book mark this site.
Beautiful watch…looks great with everything! Very high quality, would recommend to anyone!
Good luck, hope this review helps you in your decision.
Very interesting to read you
Good luck to you
Terrific work! That is the kind of information that should be shared across the internet.
Shame on Google for no longer positioning this put up
higher! Come on over and consult with my site .
Thank you =)
my web site; ebook (w-w-b.net.ua)
Guys just made a site for me, look at the link:
d Tell me your credentials. THX!
Appreciating the commitment you put into your site and in depth information you provide.
It’s nice to come across a blog every once in a while that isn’t the same outdated rehashed material.
Great read! I’ve saved your site and I’m adding your RSS feeds to my Google account.
Feel free to surf to my web page … police jobs
With thanks, I like it!
All I can say is perfect
This blog is amazing!
All the material upon this blog is so informative!
Amazing blog post!
Perfect update of captcha breaking software “XRumer 19.0 + XEvil 5.0”:
Captchas solution of Google (ReCaptcha-2 and ReCaptcha-3), Facebook, BitFinex, Bing, Hotmail, SolveMedia, Yandex,
and more than 12000 another size-types of captchas,
with highest precision (80..100%) and highest speed (100 img per second).
You can use XEvil 5.0 with any most popular SEO/SMM software: iMacros, XRumer, SERP Parser, GSA SER, RankerX, ZennoPoster, Scrapebox, Senuke, FaucetCollector and more than 100 of other programms.
Interested? There are a lot of introducing videos about XEvil in YouTube.
Free XEvil Demo available.
Good luck 😉
Revolutional update of captcha solving software “XRumer 19.0 + XEvil 5.0”:
Captchas regignizing of Google (ReCaptcha-2 and ReCaptcha-3), Facebook, BitFinex, Bing, Hotmail, SolveMedia, Yandex,
and more than 12000 another subtypes of captcha,
with highest precision (80..100%) and highest speed (100 img per second).
You can use XEvil 5.0 with any most popular SEO/SMM programms: iMacros, XRumer, SERP Parser, GSA SER, RankerX, ZennoPoster, Scrapebox, Senuke, FaucetCollector and more than 100 of other programms.
Interested? You can find a lot of impessive videos about XEvil in YouTube.
FREE DEMO AVAILABLE!
Good luck 😉
I just wanted to write a quick remark to be able to appreciate you for all the awesome instructions you are sharing at this website. My extensive internet look up has at the end of the day been paid with reliable tips to write about with my visitors. I would suppose that many of us readers are very lucky to live in a wonderful network with so many awesome individuals with valuable hints. I feel rather fortunate to have seen the web page and look forward to really more entertaining times reading here. Thanks once more for all the details.
This blog is super informative!
Surely going to refer this website to my peers!
I loved reading it! It was so enriching!
Thank you for this post. Its very inspiring.
One of the best blogs! I have ever visited.
Amazing posts all over the blog, especially this one very enriching and knowledgeable
I thank god! for visiting this website! This is the best site I have visited in months, I will also refer this to alot of my colleagues who are in research work.
I have been very grateful fo these kinda articles. Very Enriching.
What a stuff! Want to read more of these kinda stuff
Like!! I blog frequently and I really thank you for your content. The article has truly peaked my interest.
My pleasure 😊
Like!! Thank you for publishing this awesome article.
Pretty! This was an incredibly wonderful post. Many thanks for providing this
Always welcome 😊
Comments are closed.