Governments are categorized as unitary or federal based on relations
between the Central Government and the units. In a unitary system all the powers
are distributed into the Centre while in a federal system, the powers are
divided between Centre and the units. The Constitution of India describes India
as a "Union of States;" however, we have a federal system of government. The
Indian states have no freedom to withdraw from it. India, as a federal system,
has a Central Government and the government for each component unit-the state
A distribution in power exists between the federal government and the states.
The legislative relations between the Centre and the states are described in
articles 245-254 of Part XI, Chapter 1 of the Constitution. With refence to the
subjects of legislation, a three-layered division of legislative powers between
Union and States is considered and has been indexed in Schedule VII.
List 1 (The Union List):
It comprises 97 subjects over which the Union has
exclusive power of legislation. The subjects have defence, foreign affairs,
banking, currency and coinage, communication, atomic energy etc.
List 2 (The State List):
It comprises 66 items over which the State Legislative
has power of legislation. These includes public order and police. Local
government, prisons, public health and sanitation, agriculture, fisheries, state
taxes and duties etc.
List 3 (The Concurrent List):
It gives the subjects on which both Parliament and
State Legislature can legislate. The 47 subjects have criminal law and
procedure, civil procedure, marriage, contracts, posts, trusts, labour welfare,
vital statistics, price control, education, etc. Regarding overlaying between
the three lists, Union Legislature assumes predominance. In matter of
differences between a Union and a State law relating to the same subject on the
Concurrent list, the former prevails.
Nevertheless, if a law passed by the State
Legislature has acquired Presidential consent before the statute on the same
subject by Parliament, the State Law succeeded. The residual powers under the
Constitution (i.e., subjects not included in any of the lists) are held in Union
Legislature (Art. 248).
There are undeniable situations under which the up above
system of classification is either suspended or Parliament's power is expanded
over state's subject: (i) If the Rajya Sabha passes a resolution by two-third
majority that it is in the national interest to do so. (Art.249); (ii) In the
time of Emergency. (Art.250); (iii) If the Legislatures of two or more states
rectify that it shall be lawful for Parliament to do so. (Art. 252).
The Union has been given a dominant position and the
states are contemplated to observed with laws made by Parliament. The All-India
Services, Judges of the Supreme Court and High Courts and the Governors of the
States are nominated by the Centre and fundamentally signifies indirect control
above the states.
The Constitution involves relating to the classification
of taxes as well as non � tax revenue and the power of taking supplemented by
provisions of grants-in-aid by the Union to the States. There is a difference
between the legislative power to impose tax and the power to correct way of
procedure to impose tax.
The Finance Commission, comprised every five years, proposes the division of
after-tax incomes between the Union meets the financial borrowings of the states
- Producing grants-in-aid of State revenues;
- Providing loans. The Centre practices control over the state funds by
the Comptroller and the Auditor- General.
There is an uncertainty which makes the Centre powerful than the states. The
Centre is given the power to discharge a State Ministry and force President's
The association between the Centre and the States have experienced many
conditions. Anytime there has been separate ruling party at the Centre and the
States, numerous issues occurred. The operation and misuse of Art. 356 of the
Constitution has awakened unstable circumstances.
The Sarkari Commission proposed that Art. 356 sparely be used and Central Armed
Forces utilized only at the personal request of the state. The Punchhi
Commission was established in April, 2007 under Justice Madan Mohan Punchhi was
established to investigate the matters of Centre State relationships and the
developments in present day.
The function of both democracy and progress has been changed importantly. The
bodywork in which the State run, therefore, it means there is a broad
requirement for re-evaluation of Centre-State connection.
Award Winning Article Is Written By: Ms.Manisha Das
Authentication No: SP325439408957-11-0923