entre-State

elations

The Working of Indian

Federalism
BASIL JOHN
15397013

Introduction

The general and regional governments of a country shall be

independent each of the other within its sphere...K.C.Where
Indian constitution defines the power distribution between the
federal government (the Centre) and the States in India. This
part is divided between legislative and administrative powers.
The legislative section is divided into three lists: Union list,
States list and Concurrent list
Dual Polity : Quasi Federal or Statutory Decentralization
(a) 11th and 12th Part/Chapter of Indian Constitution
(b) Three Lists of Distribution of Powers : VII Schedule of Indian Constitution

Legislative Relations
Art. 245 to 255 Explains the distribution of Powers between the Union and State

Union List
o Present deals with 100 subjects like; defence, foreign affair, banking, currency and coinage, communication, atomic
energy etc.
State List

o Present it deals with 61 subjects including public order and police, local government, prisons, public health and
sanitation, agriculture, state taxes and duties, inns, gas and gas works etc.
Concurrent List

o It deals with 52 subjects. They are, criminal law and procedure, civil procedure, marriage, welfare of
labour,, family welfare, price control, factories, newspapers, etc.

Legislative Relations
Distribution of legislative powers described in the VII Schedule of Indian Constitution
(a)

Union List - Only Union Parliament is empowered to make laws on the

subjects given in the Union List. 98 subjects (after 42 nd Constitution

Amendment Act,1976) (few important subjects listed below)
Defense, Foreign Relations, Post and Telegraph, International War and
Peace, International Trade, Commerce, Citizenship, Coinage, Railway,
Reserve Bank, International Debt, Atomic Energy, etc..

(b)

State List - Only State Legislature is empowered to make laws on the subjects
given in the State List. 62 subjects (after 42 nd Constitutional Amendment
Act,1976) (few important subjects listed below)
Public Health, Roads, Agriculture, Irrigation, Prisons, Local Administration,
Distribution of Water, Police, etc..
Exception : In the case of Emergency, Union Parliament automatically grabs the
power of legislation on the subjects given in the State List

(c)

Concurrent List - Both, Union Parliament as well as State

Legislatures, have the the power of legislation on subjects given in
the Concurrent List. 52 subjects (After the 42 nd Constitutional
Amendment Act, 1942) (few important subjects listed below)
Marriage, Divorce, News Papers, Trade Unions, Books, Press,
Eatable Items, etc..
In case of disagreement, the legislation passed by Union
Parliament shall prevail over the law passed by State Legislatures.
Residuary Powers : Article 248, Union Parliament shall make laws
over the subjects not included in the above-given lists.

Union Parliaments Power to Legislate on the Subjects

given in the State List
i.

On the basis of the resolution passed by the Council of State Article 249, 2/3 majority, Issues of National Interest

ii.

On the request of two or more state legislatures Article 252,

Law passed by Union Parliament shall be applicable only to the
states which demanded such legislation.

iii.

For the enforcement of International Treaties and Agreements

Article 253

iv.

Prior approval of President of India on certain Bills Article 304

v.

Supremacy of Union Parliament during National Emergency

Article 352

vi.

During Constitutional Emergency Article 356

vii.

Supremacy of Union Parliament over Concurrent List

viii.

Residuary Powers are under the control of Union Parliament

Article 248

Administrative Relations
i.

States responsibility about the use of their executive powers Article 256

ii.

Responsibility of the construction and maintenance of means of communication Article

257 (2)

iii.

Responsibility of the protection of Railways Article 257 (3)

iv.

Appointment of Governors by Centre Article 155

v.

Influence of Centre during National Emergency Article 252

vi.

Influence of Centre during Constitutional Emergency Article 356

vii.

To solve disputes regarding the distribution of water of inter state rivers Article 262

viii.

Protection of Federal property in the states

ix.

All India Services Article 312

x.

To establish Inter State Council Article 213

xi.

Direction for the welfare of Scheduled Tribes

xii.

Governors discretionary power Assam & Nagaland

Financial Relations
1. Sources of revenue of Union Government

Custom and Export Duty

Income Tax
Corporation Tax
Estate Duty (Excluding Agriculture)
Excise Duty on Tobacco and other intoxicants
Succession Duty (Excluding Agriculture)
Inter State Trade Tax, etc..

Sources of Revenue of State Governments

Taxes on agriculture, House Tax, Tax on Electricity, Toll Tax, Entertainment

Tax, Tax on Boats, Tax on Vehicles, Tax on cattle and house-hold animals,
Tax on Minerals, etc..

3.

Grants to the States Article 275

4.

Appointment of Finance Commission Article 280

Financial Emergency Article 360

Provision of Comptroller and Auditor General

Planning and Centre-State

Relations
(Aticles 245 254 in the Constitution of
India)
India adopted Economic Planning after
Independence to achieve maximum development
Planning Commission plays important role in Centre-State
Relations
Almost in every activity of States, Planning Commission
involves for State Plans (including State List
Subjects)Planning Commission:

Critical Evaluation of Centre - State Relations

Factors responsible for tension between centre and

the states

i.

Partial role of Governors

ii.

Role of Bureaucracy

iii.

Misuse of Article 356

iv.

Constitutional Amendments to make the centre strong

v.

Financial problems of the state

vi.

Arbitrary use of the Central Reserve Police

vii.

Provision to reserve Laws passed by the state legislature for the

approval of the President

viii.

Centralized planning

ix.

Finance Commission An agency of central government

x.

Disputes among different states

Need to Re-evaluate Centre State Relations

i.

More powers to the state

ii.

Residuary powers to the state

iii.

Reform in the office of Governor

iv.

Not to hold the Bills passed by the State

Legislatures

v.

Delete Article 356 & 249

vi.

Equal representation of states in council of

states (Rajya Sabha)

vii.

Financial Autonomy to States

viii.

Reforms in all India services

ix.

Participation of states in planning

Conclusion
On April 27, 2007, a commission to review the Centre State Relations
is instituted under the headship of Mr. M. M. Punchchi - former Chief
Justice of India. Further to conclude in the words of Mr. A. H. Birch
..the practice of administrative co-operations between the general
and regional governments, the partial dependence of the regional
government upon payments from the general governments, and the
fact that the general governments, by the use of conditional grants,
frequently
promote
developments
in
matters
which
are
constitutionally assigned to the regions.
A. H. Birch
Co-operative federalism produces a strong central or general
government, yet it does not necessarily result in weak provincial
governments that are largely administrative agencies for central
policies. Indian federalism has demonstrated this.

References

Avasthi, A.P, Indian Government and Politics, Narain

Agarwal, Agra, 2001.

Badyal, J.S, Indian Government and Politics, Raj

Publishers, Jalandhar, 2013.

Fadia, B.L, Indian Government and Politics, Sahitya

Bhawan Publication, Agra, 2002

Ghai, U.R, Indian Government and Politics, New

Academic Publishing, Jalandhar, 2002.

Gupta, D.C, Indian Government and Politics,Vikas

Publishing House, New Delhi, 1978

Johari, J.C, Indian Government and Politics, Vishal

Publication, 1979.