an overview of Centre-State Relations

The Constitution of India provides a dual polity with a clear division of powers between the Union and the States. The Constitution provides a federal system of government in the country even though it describes India as ‘a Union of States’. The Constitution provides for the various dimensions under which these powers are bifurcated. The relations between centre and state are divides as:

1. Legislative relations

2. Administrative relations

3. Financial relations

Articles 245-254 of the Indian Constitution specified two-fold division of Legislative powers between the Union and the States.

  • with respect of territory: State Legislature may make laws for the whole or any part of the state to which it belongs. Parliament has, on the other hand, the power to legislate for the whole or any part of the territory of India, which includes not only the states but also the union territory of India
  • with respect of subject matter: As regards the subjects of legislation, the constitution adopts from the Government of India Act, 1935 and divides the powers between the Union and the States under three lists. They are as follows:

 (i) The Union list (consists of 99 Subjects)

(ii) The State List (comprises of 61 Subjects)

(iii) The Concurrent List (includes 52 subjects)

The administrative relations between the Centre and the States are stated under Article 256 to Article 263 of the Constitution of India. Here the relations are further divided into cases of normal state and in case of emergency. Emergency could be

  • national emergency where all the executive functions of the state come under the control of the union government
  • state emergency where the President can assume to himself all or any of the functions of the Government of the State or
  • a financial emergency where the Union may give directions to any State to observe such canons of financial propriety as may be specified in the directions, and to the giving of such other directions as the President may deem necessary and adequate for the purpose.

The Constitution deals with the center-state financial relations in Article 268-293. Indian Constitution has made elaborate provisions relating to the distribution of the taxes as well as non-tax revenue and the power of borrowing, supplemented by provisions for grants-in-aid by the union to the states. The Legislative power to make a law for imposing a tax is divided between the union and the states by means of specific entries in the union and state Legislative Lists in the Constitution. The residuary power as regards taxation belongs to Parliament and the Gift Tax and Expenditure Tax have been held to derive their authority from this residuary power.

Reference:

Click to access 8-UNION-AND-STATE-REATIONSHIP_100620.pdf

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

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