Shed light on Centre-State relations.

Ans. 

Introduction:

Under the Indian constitution, a federal government has been established. It is true that the federal system is centralized. Still, powers are divided between the centre and the states. It is known that the division of powers is an important feature of the federal government. Generally, the division of powers happens in two ways - certain powers are given to the centre, and the remaining powers to the constituent units. This kind of division of powers is seen in the US, Australia, and Switzerland. In the second type, powers are earmarked for the units and the remaining powers stay with the centre. Canada is a true example of this. The first method aims to make state governments powerful while the second aims to make the central government powerful. But in India, a third method has also been adopted. According to this, the powers of the central and state governments are demarcated in the constitution itself. It mentions the Union List, State List, and Concurrent List. These three lists contain 97, 66, and 47 subjects respectively. Residual powers are given to the centre.  

Union List:

The Union List contains 97 subjects of national importance on which the central Parliament has exclusive power to make laws. This list includes important subjects like defence, armed forces, nuclear power, foreign affairs, war and peace, railways, shipping and navigation, post and telegraph, coinage, foreign trade, etc. Parliament has exclusive law-making power on all these subjects.

State List:

The State List contains 66 subjects of local importance on which the state legislatures generally have the power to make laws. Some important subjects in this list are - public order, police, judiciary, education, communications, agriculture, animal husbandry, irrigation, forest, fisheries, burial grounds, village administration, taxes on luxuries, entertainment tax, land revenue, agricultural income tax, etc.

Concurrent List:

This list contains 47 subjects on which both Parliament and state legislatures have the power to make laws. However, if the laws made by Parliament and state legislatures on any subject in this list conflict with each other, the law passed by Parliament, i.e. the central law, will prevail. 

Some important subjects in the Concurrent List are - criminal law and procedure, preventive detention, marriage and divorce, bankruptcy, trade unions, and welfare. 

1. Direction to State Governments:

In this context, mention of Articles 256 and 257 of the constitution is necessary. The purpose of these two provisions is that there should be coordination between the policies of the central and state governments. For this, the centre can give directions to states for certain specific tasks which the state governments are duty bound to comply with. If a state government does not follow the said law, under Article 256, the President can declare failure of constitutional machinery in those states and take over all or some functions of the state.  

2. Entrusting federal functions to state governments: 

As per Article 258, with the consent of the state, the President can entrust the state government or its officers with carrying out any federal government function.

3. All India Services:

Although the constitution provides for separate services for the centre and states, there are services common to both. The Indian Administrative Service (IAS) and Indian Police Service (IPS) are recruited by the Union Public Service Commission and are under complete control of the central government even though officers work in states too.

4. Financial assistance: 

The central government gives financial assistance to states to meet their financial needs. It is Parliament that decides how much grant a state requires. While giving financial assistance, the central government can also give necessary instructions and directions to the state. 

5. Complete powers in electoral matters:

Complete powers in electoral matters are given to the Election Commission whose members are appointed by the President. 

6. The accounts of all states come under the Comptroller and Auditor General of India. 

7. The welfare of scheduled castes has been specifically entrusted to the President. He can appoint a commission for this if he wants.

8. As per Article 355, it is the duty of the centre to protect states from external and internal disturbances. 

9. Under Article 263, the President can establish an Inter-state Council in the public interest. 

10. Interstate Trade Commission - 

To implement trade, commerce, etc. in the entire Indian territory, Parliament can establish an institution like the Interstate Trade Commission and give it appropriate powers.

The following are the relations between the centre and states:

1. Financial relations:

Like legislative and administrative relations, the financial relations between the centre and states are also based on the 1935 Act - like the All India Federation and social planning, social security, assistance to refugees, rehabilitation, adulteration of foodstuffs, employment, and unemployment, labour welfare, price control, electricity, newspapers, books, etc. 

Residual powers:

Subjects not mentioned in the three lists are called residual subjects. Like in Canada, even in India, the power to make laws on such subjects lies only with the central government.

Power of Parliament to make laws on subjects in the State List:

Although it has been stated above that the power to make laws on subjects in the State List lies with the state legislatures, in some special circumstances Parliament can also make laws on subjects in the State List, such as:

• (i) If a subject of the State List becomes national in nature: As per Article 248 of the Constitution, if the Rajya Sabha passes a resolution with a two-thirds majority of its members that a particular subject mentioned in the State List has become of national importance, then Parliament can make laws on that subject.
• (ii) On the request of state legislatures: Under Article 252, on the request of two or more state legislatures, Parliament can make laws for those states.
• (iii) To implement treaties with foreign states: According to Article 253 of the Constitution, Parliament can make laws on subjects under the State List to implement any treaty or agreement with any other country.
• (iv) During emergency declaration: According to Article 240, when the President declares an emergency, Parliament can legislate on subjects under the State List.
• (v) In case of constitutional crisis in states: According to Article 256, if a constitutional crisis arises in any state or the constitutional machinery fails, the President can confer all the powers of the state legislature to Parliament. Parliament can then make laws for that state.
• (vi) In case of conflict on concurrent list subjects: If there is a conflict between laws made by state legislatures and Parliament on subjects in the Concurrent List, the law made by Parliament will prevail and be considered valid.

2. Administrative Relations - 

Administrative relations have an important place in the relations between the states and the centre in the Constitution. These administrative relations are the same as the 1935 Act. As Shri DD Basu rightly said, "The success and strength of the federal government depends on increasing cooperation and coordination between the governments." 

Shri DD Basu divided the administrative relations into the following categories:

The financial relations of the state governments are as extensive and close as perhaps no other federal state. According to Article 280 of the Constitution, a Finance Commission has been established, which states that the President can appoint such a commission every 5 years or earlier, whose main task will be to re-examine the eligibility for financial distribution and make changes to it. The Seventh Schedule divides revenues under three lists, which mainly provide for four types of taxes:

• 1. Taxes levied by the Centre but collected and spent by the States e.g. duties of excise on medicinal and toilet preparations.
• 2. Taxes levied and collected by the Centre but then distributed among the States e.g. taxes on railway fares and freights. 
• 3. Taxes levied and collected by the Centre and then distributed between the Centre and States e.g. corporation tax.

In addition, the Centre provides grants to States for increases in production, other necessary works, and public purposes as required. The amount of the grant is determined by the President. Along with this, the state governments can also take loans from the central government as required.

In addition to these constitutional provisions between the Centre and States, it also depends on which parties are in power in the States and Centre. Especially until 1967, due to the leadership of the Prime Minister and the strong position of the Congress party, there were very good and pleasant relations between the Centre and the States. But when governments of various parties were formed in the states, there was a decline in the relationship, as we have just seen recently that the Congress (I) government is at the Centre while BJP, Janata Dal, Marxist Communist Party, etc. governments are in the states. So in this situation, they are not ready to accept the steps taken by the central government. As a result, the relationship deteriorates instead of developing.

Evaluation -

The relationship between the Union and States as laid down in the Indian Constitution has been severely criticized, and it has been said that the ultimate objective of the division of powers in the Indian Constitution is to make the central government powerful, because the Union List is very extensive. In addition to 97 important subjects, the Centre alone has the power to legislate on the concurrent lists, residual powers, etc. While only 66 subjects have been assigned to the State governments. Due to these facts, some critics have said that ‘the distribution of powers between the Union and States has been done in such a way that the position of States has become like municipalities.’

The Constitution mentions several circumstances through which the Union government encroaches on the functions and domains of the State governments. In special circumstances, the Centre has complete control over the legislative and administrative powers of the States. 

Just like the legislative and administrative relations between the Centre and States, the States are also dependent on the Centre in financial matters. While important tasks like education, public health, irrigation, etc. have been assigned to the States, they have to look to the Centre for grants to fulfill these tasks.

However, this criticism has a unilateral perspective, because the Centre not only has the responsibility for the country's development tasks, but the Centre also provides considerable assistance to the States in the form of grants from its income.

Conclusion: 

The above analysis of the Centre and State relations makes it clear that although the Centre has been made somewhat more powerful to some extent, which is also necessary, and for this the State governments should not have any resentment towards the Centre. Rather, every possible effort should be made by the proper executive to improve the state's relations. For this, there needs to be continuous dialogue between the central and state governments. Because dialogue is an infallible weapon through which every tense situation can be resolved.