Table of Contents
Legislative and Administrative Relations between Center and States
Legislative Relations
1 . When Parliament can legislate on state subjects?
1 . 1 When Rajya Sabha passes resolution that in national interest Parliament should legislate on State Subject.
- Resolution must be supported by 2/3 of members present and voting( of Rajya Sabha )and remain in effect for one year at a time
- Laws made by parliament has max life of 6 months after resolution has expired
1 . 2 During National Emergency
- But such laws become inoperative within 6 months after emergency cease to be operational
1 . 3 When state make request
- When two or more states make request to legislate on some matter in State Subject, Union can make law on that subject which would be operational in these states only . Other states may later resolve to come under such law
- Eg Wildlife (Protection) Act,1972, Water (Prevention & Control of Pollution) Act were passed in this way.
1 . 4 To implement International Agreements
- Parliament can legislate on any matter to implement International Treaties
- Eg :United Nations (Privilege and Immunities)Act, Anti Hijacking Act,1960
1 . 5 During President’s Rule
- Laws made during President rule remain operational even after President Rule is inoperative
2 . Distribution of Legislative Subjects
Three fold distribution between Center & states (Seventh Schedule)
2.1 List I (Union List)
- Parliament can Legislate on it
- 100 Subjects (originally 97)
- Matters of national importance that require uniformity nationwide
2.2 List II (State List)
- State Legislatures have exclusive right to legislate on them
- 61 Subjects(originally 66)
- Matters of regional & local importance
2.3 List III (Concurrent List)
- Both Parliament & State legislature can legislate
- 52 subjects(originally 52 subjects )
- Uniformity desirable but not essential – Union law mainly gives broad framework and then state law add variations that are needed to make it more suitable to local demands eg Education
- In conflict of central & state laws Rule of Federal Supremacy applies ie central law prevails . But exception that if state law was reserved for President’s approval & has received it , then it prevails
- Sarkaria recommendation – Acts on subjects in this list should be made after active consultation with State government except in cases of extreme urgency
2.4 Residuary Subjects
- Not enlisted in any of list & Parliament can legislate on them
- Which item is residuary is determined by Supreme court
- Includes power to levy residuary taxes
Worth noting
- In USA , Subjects on which Federal Government can legislate are enumerated in Constitution & on rest of subjects only states can legislate
- Indian System taken from Canadian system
- In Government of India Act,1935 same system with one change that on Residuary Subjects, Governor General can legislate
3 . Center’s Control over State Legislature
Constitution allows this in following ways
- Governor can reserve certain type of Bills passed by State legislature for Presidential Approval & President has absolute veto in that situation
- Certain types of bills can be introduced in State legislature only after previous sanction of President although they are in List II of 7th Schedule( restrictions on Trade & commerce)
- During financial emergency, Money & Finance Bills require President’s approval
- Concurrent list’s items are subject to Doctrine of Federal Supremacy
Administrative Relations : Article 256 – 261
1 . Executive powers are divided on the lines of Legislative powers
- Executive Power of Center extends to all matters on which it can Legislate + to exercise of rights, authority & jurisdiction conferred on it by Treaty or Agreement
- Executive Power of State extend to all matters on which it can legislate + on matters enumerated in Concurrent list except when it is specifically mentioned for center
Center can give directions to States in following
- Executive Power of Union shall extend to giving such directions to State as may appear to GoI necessary for purpose of compliance with laws made by Parliament
- To construct or maintain communication declared of national or military importance
- Measures to be taken for protection of railways within state
( Costs incurred on above functions borne by Government of India)
- To provide adequate facilities for instruction in mother language to minority groups
- Drawing up & execution of specific schemes for SC & ST in state
2 . Mutual delegation of Functions
Can be under two conditions
| Agreement | – President may with consent of State government, entrust to that government any of executive functions of Center – Governor of a State may, with consent of Central government entrust to that government any of the executive functions of State |
| Legislation | Center can entrust its Executive function to State without State’s consent by making provisions about it in Act itself (constitution confers this power to Parliament ) |
3. All India Services
- Centre & States have their separate Public Services but in addition there are All India Services which include IAS , IPS & IFS( IFS was created later in 1966)
- Article 312 – Any new All India Services can be created by Parliament with resolution passed by Rajya Sabha for this
- Single service with common rights & common pay scale
- States have immediate control while center has ultimate control on them
- Although they violate principle of federalism but were supported on grounds like they maintain high standard in administration, help to ensure uniformity in administration, facilitate liaison, cooperation & coordination
4. Integrated Judicial System
- Although dual Polity but single administration of Justice
- Integrated Judicial system with Supreme Court at top & single system enforces both central & state laws
- Done to eliminate diversities in remedial procedure
5 . Relations during Emergencies
- Done in emergency provisions(Click here )
6. Extra Constitutional Measures
There are number of advisory bodies and conferences held at Central level
- Niti Ayog, National Integration council, North Eastern Council, Central Council of Indian Medicine , Central Council of Homeopathy etc are some of Advisory bodies which help both states & centre to streamline policies
- Conferences – Chief Ministers Conference(Presided by PM) , Governors Conference (Presided by President) , Chief Secretaries Conference( Presided by Cabinet Secretary) etc to facilitate Centre-State consultation on wide range of matte