CENTRE-STATE RELATIONS

NITA MALIK

HEAD, POLITICAL SCIENCE DEPARTMENT,

HANS RAJ MAHILA MAHA VIDYALAYA, JALANDHAR

CONTENTS

• Introduction
• Centre - State Relations
• Legislative Relationship
• Administrative Relationship
• Financial Relationship
• State - Local Relationship
• Institutional Control
• Administrative Control
• Technical Control
• Financial Control
• Techniques of Control
• Conclusion

Introduction

• "The time has come to pool our collective experiences and move forward to realize the objective of a vibrant Panchayati Raj, within the broader objective of improved Centre-State relations. Centre-State relations can improve only if there is a feeling of being one and being together, jointly striving to solve die many economic, social, and political problems that face us. A continuous system of consultation with the States is, therefore, necessary.”

—5th Inter-State Council Meeting, Atal Bihari Vajpayee, Prime Minister of India

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Constitutional Provisions

• The union and the states derive their authority from the constitution which divided all powers - legislative, executive and financial as between them.
• The Indian constitution defines the division of responsibilities between the national and state governments.
• The central government enjoys exclusive control over defence, foreign affairs, and economic policy. Central control over finances has greatly reduced the state’s powers, even in relation to subjects they administer.
• States look after agriculture, education, and law and order.
• Part XI & Part XII of the constitution running from Article 245 - 293 deals with centre - state relations in India.

Contd.

• The constitution under Part XI deals with legislative and administrative relations.
• And Part XII deals with Financial relations between the two levels of governments. Thus, our constitution itself has clearly divided and distributed the legislative, executive & financial powers between the centre & states.

Centre-State Relations : Different Dimensions

• Legislative Relationship:-
• Articles 245 to 255 in Part XI of the Constitution deal with the legislative relations between the Centre and the states. Besides these, there are some other articles dealing with the same subject.

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Legislative Relationship Contd.

• Thus, there are four aspects in the Centre-states legislative relations, viz.,
• Territorial extent of Central and state legislation
• Distribution of legislative subjects
• Parliamentary legislation in the state field and
• Centre’s control over state legislation

Administrative Relationship

• Articles 256 to 263 in Part XI of the Constitution deal with the administrative relations between the Centre and the states. In addition, there are various other articles pertaining to the same matter.

Administration Relationship Contd.

• Distribution of Executive Powers
• Obligation of States and the Centre
• Centre’s Directions to the States
• Mutual Delegation of Functions
• Cooperation Between the Centre and States
• Relations During Emergencies

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Financial Relationship�

• Articles 268 to 293 in Part XII of the Constitution deal with Centre -state financial relations. Besides these, there are other provisions dealing with the same subject. These together can be studied under the following heads:

Financial Relationship Contd.

• Allocation of Taxing Powers
• Distribution of Tax Revenues
• Grants-in-Aid to the States
• Protection of the State’s Interest
• Effects of Emergencies

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State-Local Relationship

Institutional Control

• The term institutional control is used to connote and cover all those statutory provisions which empower some specific agency, usually the government or the Collector.
• Institutional control tends to ensure that statutory bodies in their operation do not violate the spirit and letter of law that has created the Panchayati Raj bodies.
• In brief, we can say that the main purpose of this control is to enable the government to exercise control over the administrative, technical and financial aspects of the working of Panchayati Raj Institution (PRI).

Administrative Control�

• The term administrative control refers to those powers and measures which enable the controlling agency to check and regulate the day to day policies and administration of PRls.
• Institutional control tends to ensure that statutory bodies in their operation do not violate the spirit and letter of law that has created the Panchayati Raj bodies.
• The main objective of administrative control is to prevent implementation of certain policies and decisions if they are not according to the basic goals and purposes of the institution concerned

Technical Control�

• Technical control deals with the regulation and supervision of various plans, programmes and projects formulated and implemented by PRIs w ithin their statutory functional jurisdiction
• The extent of control and media of control over PRIs differ from State to State according to the status and level of technical functionaries.
• Provides technical approval of schemes and projects, inspection, tours and personal visit by the technical functionaries, etc

Financial Control�

• There is too much control of state government on local bodies for finance. Due to the less financial power rural local bodies are heavily dependent upon state government.
• State List contains 19 items, which have been enumerated in entries 45 to 63 of the seventh schedule.
• Specific grants are given for construction and maintenance on minor irrigation schemes and also for public health and social welfare measures.
• Grants from the state government are of a wide variety such as general grants, specific grants, with or without matching conditions, establishment grant, incentive grant, equalization grant.

Techniques of Control

• Power of Inspection
• Power of Dissolution of Panchayats
• Suspension of the Execution of Resolution/Works of the Panchayat
• Suspension and Removal of die Chairperson
• Removal
• Appointment of Administrators

Conclusion

• Indian Government follows federal system of governance as it adopted the British Model.
• In Indian Constitution excessive powers are not given to any one particular organ so that it will not disturb the principle of democratic government
• Indian Constitution adopted the concept of checks and balances determining the functioning of each organ of the government. India follow a separation of function not separation of power
• The parliamentary and presidential system has its decisive bearing on the relationship between and among the three important pillars of governmental trinity, namely, legislative, executive and judiciary.
• The framers of the Constitution adopted neither too rigid Constitution so that amendment cannot be made nor too flexible that ruling party misuses its power.