Legislative and Administrative Relations between Center and States

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 recommendationActs 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

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

Leave a Comment