1 Useful Notes:Center State Relations

Center State Relations

Center State Relations
  • We know that the federal system has been established in the country by the Indian Constitution, but certainly, its tendency is toward a unitary system.
  • Some critics even say that the division of powers between the union and the states has been done in such a way that The status of the states has become similar to that of the municipalities.
  • On the other hand, some scholars also believe that India is actually a union, although the center is more powerful than other federal states.
  • We can broadly divide these relations into three parts, that is Administrative Relations, Legislative Relations, and Financial Relations.

Legislative Relations and Division of Powers

  • The division of powers between the center and the states is the essence of the federal system.
  • In America and some other federations, only the center is listed with the powers and the rest of the powers are left to the states.
  • In Canada and some other countries, the center and the states are separated. Two lists of separate powers have been created, the nature of this type of power division system is rigid and it cannot be made flexible according to the need, so the third list, which is also called the concurrent list.
  • The constitutionalists have given it a proper place to arrange it.
  • The system of three lists has been adopted in the Constitution of India, the Seventh Schedule of the Constitution describes all the three lists.
  • It is necessary that only the central legislature i.e. Parliament has other legislative powers on these, it is called the Union List and it includes 97 subjects, the size of the schedule is the longest, from the nation to all the subjects, from railways, airways, data, and telephone to opium.
  • Nema Film Prakriti and Central University are also included, the name of the second list is the State List, which includes those subjects on which only the states have a monopoly, before the 42nd Constitutional Amendment there were alumni subjects, but by the 42nd Constitutional Amendment, education and The establishment and organization of courts have been removed from this list and included in the concurrent list.
  • The main subjects in this list are public order, police administration, jail, and local government, from public health and sanitation to animal husbandry, land management, land rights, privileges of irrigation legislatures, land and Building tax, sale tax on goods other than newspapers, on goods carried by water and land and on passengers, on vehicles, animals, and cows.
  • The state legislature has other legislative power on every subject given in this list, the third list is concurrent, it is necessary to have uniform law in the whole country on the subjects included in this, but it is necessary to It is not mandatory, for this reason, these subjects come under the jurisdiction of both the Center and the states.
  • In this, a relatively more important subject is education, deployment of armed forces in any part of the country under the direction of the Union Government, administration of justice, and other courts other than the Supreme Court. Establishment and their organization Protection of wild animals and birds Population and family planning, Criminal law and criminal procedure, Labor union and labor disputes, Advocacy and other profession and any of the subjects of this list trapped in any Parliament included in this list and Both the state legislature have the power to make laws.

Residuary Powers

  • Those powers are called residuary powers which are not mentioned in any list.
  • The constitution of the United States of America, Switzerland, and Australia in the present united states give special powers to the units, but the Constitution of Canada gives this power to the central government, Parliament also has the right to vote for any country or international institution.
  • Make the law necessary for a treaty agreement or sub-treaty made together.
  • All of these have the effect or effect that the federal government will be stronger than the states.

Power of Union Parliament to make laws with respect to State subjects

  • The State Legislatures have been given the exclusive right to make laws on the subjects given in the State List, but some exceptions are also encountered, for achieving some specific purpose, and in some special situations, the Union Parliament can also make laws on those subjects which are Only within the jurisdiction of the states.
  • If the Rajya Sabha passes a resolution by a majority of two-thirds of the members participating in the voting or presents that it is necessary for the national interest to do so, then Parliament can make laws on any matter mentioned in the state list.
  • As long as this motion remains in effect, Parliament can make laws on the subjects mentioned in it, whatever knowledge is made by this method, after six months after the expiry of the period of that motion, it will become ineffective in the amount in which it becomes law-making of Parliament.
  • If the constitutional system fails in any state, then by declaring an emergency arising out of constitutional failure, the President can give the power to make laws for the concerned state, if Parliament wants, instead of exercising this power equally.
  • The fifth note of the musical scale can empower the President to delegate the authority to make laws for the state to any representative, the laws thus made will come into force after one year after the expiry of the period of the declaration.

Administrative relations between the Union and the States

  • The most difficult problem of the federal government system is the adjustment of administrative relations between the union and the units, if there is no clear provision in this regard in the constitution, then both have difficulty in fulfilling their responsibility, that is why the framers of the Indian constitution have made detailed provisions regarding it.
  • The need was felt so that no dispute could arise between the Union and the States in the administrative field, generally, on the subjects on which the Parliament has the power to make laws, the administrative power has been given to the Central Government Administrative power on the subjects of the State List.
  • State governments have received, in the present system, the administration of border tax, central excise tax, income tax, railway track, post office, etc. is directly in the hands of the officers and employees of the central government and the administration of the remaining federal subjects and the responsibility of doing central video is in the hands of respected state officials.
  • In the Indian Constitution, the President has been given the power that he can entrust the Prakash Nath state government to any federal particular federal parliament.
  • Article 250 of the Constitution of India clearly directs that every state must exercise its executive power efficiently so that it can be exercised efficiently by the Parliament.
  • The reason behind the video made and the implementation of the act can be sure is that the state should show the central power in stopping the work and do those works satisfactorily.
  • The administrative relations between the Center and the states in India have been organized in such a way that the central government can exercise a lot of control over the administrative machinery of the state.
  • To protect the states from external attacks and internal products and hazards and to see whether their administration is being done according to the provisions of the constitution or not.
  • The central government has been given such powers by the constitution, with the help of which it can coordinate the policies of different states, can settle their mutual disputes, there are some such matters which are related to both the center and the states but their rule or The creation is done only by the state or mainly by the state center, all types of elections held in these union and states are superintended, directed and controlled by the election commission, which is appointed by the president of the union, union, and state.
  • Farewell to the states and a careful analysis of the distribution of administrative powers makes it clear that the constitution establishes a federal state whose aim is to establish unity in diversity like the union states, the creators of the Indian constitution, the owners and dangers of the system of the federal government.
  • That is why his emphasis was on such a federal system, which would have sufficient means of maintaining unity.

Financial Relations of the Union and the States

  • The ideal system of finance in the federal system should be that the sources of revenue of the union and the state should be clearly divided and both the center and the state should be financially independent in their respective areas, but at present, this is hardly the case.
  • There may be any country that has been able to reach this ideal, the United States of America has come closest to this ideal, but in other countries, either the center helps the states with its own funds or the state helps the central exchequer from its income.
  • Canada and In Australia, the center helps the units, but in Switzerland, the units are obliged to give some part of their income to the union, such an extension of the relationship between the center and the states in the financial sector is not found in any other federal constitution.
  • The commission has been arranged, its purpose is to distribute and adjust the receipts from some sources between the center and the states, by the Government of India Act 1935 also a good effort was made to solve this problem.
  • First of all, it should be kept in mind that the subjects of taxes have not been given separately in the constitution, the power to levy tax comes only under the power to make laws, thus the central government has the right to levy taxes on the subjects which are in the Union List. and the state governments have the right to levy tax on the subjects which are in the state list.

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