Central State Relation
*Dual polity
*Written Constitution
*Division of powers(Union list (100)(97),State list(61)(66), Concurrent list(52)(47)
*Rigid Constitution(Need special majority to to amend Constitution)
*Supremacy of the constitution
*Independent Judiciary
*Bicameralism
UNITARY FEAUTURES OF INDIAN CONSTITUTION
*Strong Centre
*State can be destructible
*Single constitution
*Flexibility constitution(Simple majority to amend Constitution)
*No equality of state representation
*Emergency Provisions
*Single Citizenship
*Integrated Judiciary (Supreme court and High Court both can hear cases both central and state laws)
*All india service (IAS,IPS,IFS)
*Integrated Audit Machinery (Comptroller and Auditor General can audit Union and State Government)
*Authority over state list(Rajyasabha can ask Parliment to enact laws on state list)
*Integrated Election(Election commission of India conducts Election for President,Vice President, State Legislature and Parliment)
*Appointment of Governor
*Veto over state bills
*India federal system based on canada model not on USA model
CENTER STATE RELATION
*Part 11,12
*3 relation Legislative,Administrative and Financial
LEGISLATIVE RELATIONS
*Part 11
*Article 245 to 255
*7 the Schedule -distribution of powers (Central list ,State list and Concurrent list)
*42 nd CAA 1976 transferred Education,Forests,Weights and measures,Protection of Wild animals and Administration of justice from state list to concurrent list
*Parliment can make laws on whole country while state Legislature only on respective states
*Residuary power is with Parliment(Before Repealing Article 370 Residuary power of Jammu and Kashmir state Legislature was with Jammu and kashmir)
*Parliment can enact laws in state list when Rajyasabha pass a resolution supported by 2/3 members present ,During National Emergency and expiration of 6 months after emergency ceased,implementing international treaties and agreements,President rule imposed on a state and 2 or more state pass resolution requesting Parliment to make law on state list
ADMINISTRATIVE RELATION
*Part 11
*Article 256 to 263
*Article 365-Any state has failed to follow any direction given by center , President rule can be imposed on a state
*Article 356 -Power of Legislature of state is exercisable by Parliment
*Centre direction to state -To maintain means of communication,To protect Railways,To give adequate facility for instruction in mother tongue at primary education,Execute scheme for welfare of Scheduled tribes
*All India Services -Parliment to create new All India Service by Rajya Sabha resolution (Present All India Service-IAS,IPS,IFS)
*Integrated Judiciary -President appoints judges of High Court in consultation with Chief Justice of India and Governor of concerned states ,Both High Courts and Supreme court's can hear case on Central laws and State laws
FINANCIAL RELATIONS
*Part 12
*Article 268 to 293
*Parliment can levy or abolish taxes on union list and Concurrent list and State Legislature can levy or abolish taxes in state list and Concurrent list
*Residuary power of taxes given to Parliment
*Distribution of Tax Revenue between centre and state -Article 268 Tax Levied by center but collected and appropriate by State ex) Stamp Duty,Article 269 Tax levied and collected by Center but Assigned to states,Article 269A GST Interstate Trade ,Article 270-Tax levied and collected by Center but distributed between Center and states,Article 271-Surcharge on certain Taxes and duties for purposes of center
*Grant in aids to state government -Article 275 Statutory Grants,Article 282-Discretionary Grants
*101stCAA 2016-Article 279-A President constitutes GST Council (Union Finance Minister will be chairman,Union Minister of State for Finance will be Vice Chairman and Minister(Can be Finance Minister or Revenue Minister or any Ministers)who Represent states will be members)
PROBLEMS IN CENTRAL STATE RELATION
*Appointment of Governor
*Education
*Reserving State bill to President
*Wrong usage of Article 356
*All India Services
VARIOUS COMMISSIONS ON CENTER STATE RELATION
SARKARIA COMMISSION
*Constituted in 1983 by Union Government of India
*Justice Sarkaria -Chairman and B Sivaraman and R.S.S Sen as members
*247 recommendations in 19 Chapters
*Rare use of article 356
*3 Language policy
*Inter state council
*Governor should be outside of state
*Residuary power should be with Concurrent list
*Strengthen All India Service
*Armed force can be Deploy without consent of states
PUNCHI COMMISSION
*Constituted in 2007 by Union Government of India
*Justice -Madan mohan Punchi as chairman and Dhirendra singh,Vinoth Kumar Duggal,Madhava Menon,Vijay shanker IPS,Amaresh Bhagchi as members
*Report submitted to P.Chidambaram(He was Home Minister in that period)
*312 Recommendations
*Regarding article 356 this commission recommend to amend article 355 and 356 and to impose President rule in particular area not for whole State .That too for a brief period not more than 3 months
*To create National Integral Council and this council should atleast meets once a year
*Centre should consult state when centre making law on Concurrent subject through Interstate Council
*How to use Discretionary powers of governor to appoint CM when no Majority
*Appointment of Governors (This Commission Recommended Impeachment procedure like president to remove home from his office)
*Create new All India Services
RAJAMANNAR COMMISSION
*Constituted in 1969 by Tamilnadu Government Under chairmanship of Justice P V Rajamannar and Justice P Chandrareddy and A Latchmanaswamy as Members
*Residuary powers should be with state
*To repeal article 256,257,339(2) and to strength state government
*Should carefully use article 356
*Should abolish All India Service and there should be only 2 Service central service and state service
*Finance Commission to be permanent body
ADMINISTRATIVE REFORM COMMISSION
*Constituted in 1966
*Under chairmanship of Moraji Desai
*To establish Inter State Council
*More financial resource to state
SOME BODIES RELATED TO CENTRE STATE RELATION
CONSTITUTIONAL BODIES
*Inter-State Council- Article 263 (Prime Minister will be chairman and State Chief Minister will be members and in UT administrator will be members)
*Article 262 -Interstate water Disputes
STATUTORY BODIES
*Zonal Council -For cooperative federalism
*Home Minister of Union will be chairman and Chief Ministers belonging to that zone will be members and Each Chief Minister will be Vice Chairman of Council by Rotation for 1 year
*North Zone,South Zone,East Zone,West Zone,Central Zone,North East Zone
EXECUTIVE BODIES
*NITI AAYOG-It is created by Cabinet resolution on 2015,It replace Planning Commission,Prime Minister will be Chair person,Chief Minister of States and UT of Puduchery and delhi and Lieutenant Governor of Andaman will be member
INTERSTATE WATER DISPUTES SETUP SO FOR
*Tribunal-Setup in-Disputed States
*Krishna-1969-Maharasthra, Karnataka and Andhra Pradesh
*Godavari-1969-Maharasthra, Karnataka,Andhra Pradesh, Madhyapradesh and Odisha
*Narmada-1969-Rajasthan, Gujarat, Madhyapradesh, Maharasthra
*Ravi and Beas-1986-Punjab,Haryana and Rajasthan
*Cauvery-1990-Karnataka,Kerala, Tamilnadu, Puduchery
*Krishna 2-2004-Maharasthra, Karnataka and Andhra Pradesh
*Vansadhara-2010-Odisha and Andhra Pradesh
*Mahadayi-2010-Goa, Karnataka and Maharasthra
*Mahanadi-2018-Odisha and Chattisgarh
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