Bifurcation Of Powers Between Centre And State

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Bifurcation of powers between centre and state (state list, union list and concurrent list)

The main characteristic of a federal constitution is the distribution of powers between the union and the states. The Indian constitution provides for a new kind of Federalism to meet India’s peculiar needs. In the matter of distribution of powers, the framers followed the pattern of the Government of India Act, 1935. Thus, predominance has been given to the union parliament over the state legislatures or assemblies regarding the distribution of legislative powers.

The legislative powers are subject to the scheme of distribution of powers between the union and state legislatures (as provided in three lists under the constitution), Fundamental Rights (i.e. legislative powers cannot contravene the fundamental rights) and other provisions of the constitution (articles 245-254).

There are three lists which provide for distribution of legislative powers under 7th Schedule to the constitution:

Union list

It contains 97 items and comprises of the subjects which are of national importance and admit of uniform laws for the whole of the country. Only the union parliament can legislate with respect to these matters. For example, Defence, foreign affairs, Banking, currency, union taxes, etc.

State List 

It contains 66 items and comprises of subjects of local or state interest and thus lie within the legislative competence of the state legislatures, viz. public order and police, Health, agriculture, forests, etc.

Concurrent List 

It contains 47 items, with respect to which; both union parliament and the State Legislature have a concurrent power of legislation. The concurrent list (not found in any federal constitution) was to serve as a device to avoid excessive rigidity to a two-fold distribution. It is a ‘twilight zone’, as for not so important matters, the states can take initiative, while for the important matters, the parliament can do so. Besides, the states can make supplementary laws in order to amplify the laws made by union parliament. The subjects include general laws and social welfare – civil and criminal procedure, marriage, contract, planning Education, etc.

Centre vs State: Legislative powers

Articles 245 to 255 in Part XI of the Constitution deal with the legislative relations between the Centre and the State.  Extent of laws made by Parliament and by the Legislatures of States  The Parliament can make laws for the whole or any part of the territory of India. Territory of India includes the states, UTs and any other area for the time being included in the territory of India. Whereas, the state legislature can make laws for whole or any part of state.  

The Parliament can alone make ‘extra territorial legislation’ thus the laws of the Parliament are applicable to the Indian citizens and their property in any part of the world.  Subject-matter of laws made by Parliament and by the Legislation of States  The Constitution divides legislative authority between the Union and the States in three lists- the Union List, the State List and the Concurrent List. The Union list consists of 99 items. The Union Parliament has exclusive authority to frame laws on subjects enumerated in the list. These include foreign affairs, defence, armed forces, communications, posts and telegraph, Foreign Trade etc.  

The State list consists of 61 subjects on which ordinarily the States alone can make laws. These include public order, police, administration of Justice, prison, local governments, agriculture etc.  The Concurrent list comprises of 52 items including criminal and civil procedure, marriage and divorce, economic and special planning Trade Unions, electricity, newspapers, books, education, Population control and family planning etc. Both the Parliament and the State legislatures can make laws on subjects given in the Concurrent list, but the Centre has a prior and supreme claim to legislate on current subjects. In case of conflict between the law of the State and Union law on a subject in the Concurrent list, the law of the Parliament prevails.

The constitution also vests the residuary powers (subjects not enumerated in any of the three Lists) with the Union Parliament. The residuary powers have been granted to the Union contrary to the convention in other federations of the world, where the residuary powers are given to the States. However, in case of any conflict, whether a particular matter falls under the residuary power or not is to be decided by the court.

Centre State Financial Relations

Indian Constitution has made elaborate provisions, relating to the distribution of the taxes as well as non-tax revenues and the power of borrowing, supplemented by provisions for grants-in-aid by the Union to the States.  ARTICLE 268 to 293 deals with the provisions of financial relations between Centre and States.  The Constitution divides the taxing powers between the Centre and the states as follows:  The Parliament has exclusive power to levy taxes on subjects enumerated in the Union List, the state legislature has exclusive power to levy taxes on subjects enumerated in the State List, both can levy taxes on the subjects enumerated in Concurrent List whereas residuary power of Taxation lies with Parliament only.

Centre State Administrative Relations

The administrative jurisdiction of the Union and the State Governments extends to the subjects in the Union list and State list respectively. The Constitution thus defines the clauses that deal with the administrative relations between Centre and States.

Centre State Relations During Emergencies

  • Under President’s Rule: The State Governments cannot ignore the directions of the Union Government, otherwise the President can take the action against the Government of the State stating that the administration cannot be carried on the accordance with the provisions of the Constitution and thus can impose President’s rule on the State. In such an eventuality the President shall assume to himself all or any of the functions of the State Government.  
  • Under Proclamation of National Emergency: During a Proclamation of National Emergency, the power of the Union to give directions extends to the giving of directions as to the manner in with the executive power of the State is to be exercised relating to any matter.  
  • Under Proclamation of Financial Emergency: During a Proclamation of Financial Emergency, Union can direct the State Governments to observe certain canons of financial propriety and to reduce the salaries and allowances of all or any class of person serving in connection with the affairs of the Union including the Judges of The Supreme Court and High Courts. Union also requires all Money Bills or Financial Bills to be reserved for the consideration of the President after they are passed by the Legislature of the State.  

It is thus, evident that in the administrative sphere the States cannot act in complete isolation and have to work under the directions and in cooperation with the Center.

 

 

 

 


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The Indian Constitution divides the powers of the government between the central government and the state governments. This is known as the bifurcation of powers. The Constitution lists the powers that are given to the central government, and the powers that are given to the state governments. The powers that are not listed are shared by both the central government and the state governments.

The legislative powers of the central government are listed in the Union List. The legislative powers of the state governments are listed in the State List. The concurrent list contains the powers that are shared by both the central government and the state governments.

The executive powers of the central government are vested in the President. The executive powers of the state governments are vested in the Governor. The President and the Governor can exercise their executive powers through the Prime Minister and the Chief Minister, respectively.

The financial powers of the central government are derived from the taxes that are levied by the central government. The financial powers of the state governments are derived from the taxes that are levied by the state governments. The central government also has the power to levy taxes on the income of the state governments.

The judicial powers of the central government are vested in the Supreme Court. The judicial powers of the state governments are vested in the High Courts. The Supreme Court and the High Courts can exercise their judicial powers through the Subordinate Courts.

The emergency powers of the central government are given to the President. The President can declare a national emergency, a state emergency, or a financial emergency. The President can also suspend the fundamental rights of the citizens.

The inter-state relations are governed by the Constitution. The central government has the power to make laws that regulate Trade and Commerce between the states. The central government also has the power to settle disputes between the states.

The special provisions for certain states are given in the Constitution. These provisions are given to the states that are backward or that have special problems. The special provisions include the provision for a Governor’s rule, the provision for a special status, and the provision for a separate flag.

The miscellaneous provisions are given in the Constitution. These provisions deal with matters such as the appointment of the President and the Vice President, the impeachment of the President and the Vice President, and the amendment of the Constitution.

The bifurcation of powers between the central government and the state governments is a complex issue. The Constitution has tried to strike a balance between the powers of the central government and the powers of the state governments. However, there have been many disputes over the interpretation of the Constitution. These disputes have been resolved by the Supreme Court.

The bifurcation of powers between the central government and the state governments is an important feature of the Indian Constitution. It helps to ensure that the central government and the state governments are able to function effectively. It also helps to prevent the concentration of power in the hands of one government.

What is the difference between the central government and the state government?

The central government is the government of the entire country, while the state government is the government of a particular state. The central government is responsible for matters that affect the entire country, such as defense, foreign affairs, and currency. The state government is responsible for matters that affect the state, such as education, healthcare, and law enforcement.

What are the powers of the central government?

The central government has the power to make laws, raise taxes, and spend money. It also has the power to declare war, sign treaties, and appoint judges.

What are the powers of the state government?

The state government has the power to make laws, raise taxes, and spend money. It also has the power to establish schools, hospitals, and prisons.

How are the powers of the central government and the state government divided?

The powers of the central government and the state government are divided by the Constitution of India. The Constitution lists the powers that are given to the central government, and the powers that are given to the state government. The powers that are not listed in the Constitution are given to both the central government and the state government.

What is the role of the judiciary in the Indian federal system?

The judiciary is responsible for interpreting the Constitution and resolving disputes between the central government and the state government. The judiciary also has the power to strike down laws that it finds to be unconstitutional.

What are the challenges of federalism in India?

One of the challenges of federalism in India is the lack of coordination between the central government and the state government. This can lead to delays in decision-making and implementation of policies. Another challenge is the uneven distribution of Resources between the states. This can lead to disparities in development between the states.

What are the benefits of federalism in India?

One of the benefits of federalism in India is that it allows for greater Decentralization of power. This can lead to more efficient and effective governance. Another benefit is that it allows for greater diversity in policies and programs. This can lead to better outcomes for citizens.

Sure, here are some MCQs without mentioning the topic Bifurcation Of Powers Between Centre And State:

  1. Which of the following is not a power of the Union government?
    (A) Defence
    (B) Foreign affairs
    (C) Currency
    (D) Education

  2. Which of the following is not a power of the state government?
    (A) Police
    (B) Public order
    (C) Local Government
    (D) Agriculture

  3. Which of the following is a concurrent power?
    (A) Education
    (B) Agriculture
    (C) Trade and commerce
    (D) Railways

  4. Which of the following is a subject in the State List?
    (A) Forests
    (B) Mines and Minerals
    (C) Railways
    (D) Shipping and navigation

  5. Which of the following is a subject in the Concurrent List?
    (A) Criminal law
    (B) Civil Law
    (C) Labour Welfare
    (D) Trade and commerce

  6. Which of the following is a subject in the Union List?
    (A) Defence
    (B) Foreign affairs
    (C) Currency
    (D) All of the above

  7. Which of the following is a subject in the State List?
    (A) Police
    (B) Public order
    (C) Local government
    (D) All of the above

  8. Which of the following is a subject in the Concurrent List?
    (A) Education
    (B) Agriculture
    (C) Trade and commerce
    (D) All of the above

  9. Which of the following is a power of the Union government that can be delegated to the state government?
    (A) Defence
    (B) Foreign affairs
    (C) Currency
    (D) None of the above

  10. Which of the following is a power of the state government that can be delegated to the Union government?
    (A) Police
    (B) Public order
    (C) Local government
    (D) None of the above

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