Federal Structure: Union-State relations.

<–2/”>a >The Indian constitution provides for a federal framework with powers (legislative ,executive and financial) divided between the center and the states. However, there is no division of judicial power as the constitution has established an Integrated Judicial System to enforce both the central laws as well as state law. The Indian federation is not the result of an agreement between independent units, and the units of Indian federation cannot leave the federation.Thus the constitution contains elaborate provisions to regulate the various dimensions of the relations between the centre and the states.

To understand the topic first we must understand the concept of Federalism….

Federalism is a System of Government in which the same territory is controlled by two levels of government. Generally, an overarching national government governs issues that affect the entire country, and smaller subdivisions govern issues of local concern. Both the national government and the smaller political subdivisions have the power to make laws and both have a certain level of autonomy from each other.

A federation is traditionally constituted when two or more independent neighboring states forge a Union for defined purposes of common interest by divesting themselves of a measure of Sovereignty which is vested with the federal government. “The urge for union comes from the need for collective security against aggression and economic co-ordination for protection and expansion of Trade and Commerce. The federation is given only enumerated powers, the sovereignty of the states in the Union remains otherwise unimpaired”.

“A Federation in USA is of this type. Alternatively, a federation is formed when a sovereign authority creates autonomous units and combines them in a Union.” Once constituted, the national and state governments possess co-ordinate authority derived from the several constitutions and enjoy supremacy in their respective spheres of authority and jurisdiction. Canadian federation belongs to this category. However, the differences between the two lie in the degree and extent of emphasis on unitary features.

Characteristic Features of Federalism are:-

(i) Supremacy of Constitution:-Supremacy of the Constitution is a doctrine where by the Constitution is the supreme law of the land and all the State organs including Parliament and State Legislatures are bound by it. They must act within the limits laid down by the Constitution. They owe their existence and powers to the Constitution and, therefore, their every action must have its support in the Constitution.

(ii) The distribution among bodies with limited and co-ordinate authority, of different powers of government;

(iii) The authority of the courts as interpreters of the Constitution;

(iv) Double Citizenship-2/”>Citizenship is another characteristic of some of the Federation.

A unitary system on the other hand has the highest degree of centralization. In a unitary state, the central government holds all the power. Lower-level governments, if they exist at all, do nothing but implement the policies of the national government. In a purely unitary state, the same set of laws applies throughout the nation, without variation. Unitary states create national policy, which is then applied uniformly. This uniformity sometimes serves as an advantage because people and businesses know exactly what to expect from the laws, regardless of geographical location. At the same time, to maintain its uniformity, a unitary government must overlook local differences that might call for different rules or policies.

Now coming back to our main topics Administrative, Legislative and Financial Relationship between centre and state

Administrative relations between the Centre & the States:

The administrative relations between the Centre and the States have been stated from ARTICLE 256 to Article 263 of the Constitution. As a rule, the Central Government exercises administrative authority over all the matters on which the Parliament has the power to make laws, whereas the State Governments exercise authority over the matters included in the State List. The executive power of the State is to be exercised in compliance with laws made by the Parliament. Also, the Union Executive is empowered to give directions to a State, when necessary like- construction and maintenance of means of communications, declared to be of national and military importance, and also on the measures for the protection of Railways.Article 256 of the Constitution states that the executive power of the states shall be so exercised as to ensure compliance with the laws of Parliament.

Also the union executive power extends to the giving of such directions to the states as may appear to the Government of India to be necessary for the purpose. It is further stipulated under Article 246 of the Constitution that if the State Government fails to endorse the laws passed by the Parliament within its jurisdiction, the Union Government can issue directions to the states to ensure their compliance. This article lays down that it shall be the duty of the states to exercise its executive power so as to ensure that due effect is given within the state to every act of Parliament and to every existing law which apply in that state. This is a statement of constitutional duty of every state.

Legislative relations between the Centre & the States:

Union List Only Parliament can make laws in the case of a subject listed in the Union list. It has 100 subjects for now.
State List Only state can make laws in the case of a subject listed in the State List. It has 61 subjects for now.
Concurrent List:- Parliament and state (both) are allowed to make laws on the subjects listed in this list. If both have made laws on the same subject then the central law overrides the state law. It has 52 subjects for now.

42nd amendment act, 1976 transferred 5 Subjects from state list to concurrent list. (those five subjects were – Education, forests, weights and measures, protection of wild animals and birds and administration of Justice; constitution and organisation of all courts except The Supreme Court and the high courts.

Financial relations between the Centre & the States:
• The essence of federalism is not just the distribution of functions but also the distribution of Resources necessary for the adequate & effective performance of
these functions.
• No system of federation can be successful unless both the union and the states have at their disposal adequate financial resources to enable them to discharge their respective responsibilities under the constitution.
• In the Indian constitution, the union – state financial relations are given in Chapter one of Part XII running from Art. 264 to 293.

Under the Constitution the financial resources of the State are very limited though they have to do many works of social uplift under directive principles. In order to cope with their ever-expanding needs, the Central Government makes grants-in-aid to the States. Grant- in-aid to States , through it Central Government exercises a strict control over the States because grants are granted subject to certain conditions.

The Indian constitution provides for a federal framework with powers divided between the Centre and the states. The Financial powers entrusted by the Constitution reflect a clear asymmetry between the Taxation powers and the functional responsibili-ties, with the Centre being assigned taxes with higher revenue potential and States being entrusted with more functional responsibilities. The Constitution provides, under Article 280, the institutional mechanism of Finance Commission and other enabling provisions for the transfer of resources from the Centre.

The Role of the Finance Commission under Indian Constitution are to make recommendation to the President with regard to following matters:
a) To determine the scheme that governs the matters relating to the distribution of net proceeds of taxes which are in the divisible pool, between the Centre and States.
b) To make recommendations, to determine the principle that would regulate or govern the revenues to the States from the Central Revenue in the form of Grant in Aid to the needy States
c) This function of the Commission is included by the way of 73rd and 74 Constitutional Amendment to strengthen the financial Status of the local bodies by providing the supplement to the resources of the Panchayats And Municipalities in the States on the basis of the recommendation of State Finance Commission from the Consolidated fund of the State.
d) The last function of the Commission as provided by the Constitution under Article 280 3(d) is very vast any matter relating to the Fiscal interest between the intergovernmental bodies can be referred to the Commission by the President, These function or Terms of Reference, which broadly fixed by the Constitution itself; while at the same time an element of flexibility is built into these terms of reference under sub clause (d) of Article 280(3). Under this Clause the President has a power to refer any matter to the Commission ‘in the interests of Sound finance.

A Federal System of Government is one in which power is shared between a central government and regional governments. The central government is responsible for matters that affect the entire country, such as defense and Foreign Policy, while the regional governments are responsible for matters that affect their own states, such as education and healthcare.

The distribution of powers between the Union and the States is set out in the Constitution of India. The Union government has exclusive powers over matters such as defense, foreign affairs, currency, and railways. The States have exclusive powers over matters such as education, healthcare, and agriculture. The Union and the States also share some powers, such as taxation and law and order.

The role of the Union government in the affairs of the States is to ensure that the Constitution is upheld and that the States do not violate the rights of their citizens. The Union government can also intervene in the affairs of the States if there is a breakdown of law and order or if the State government is not able to function properly.

The role of the States in the affairs of the Union is to participate in the legislative process and to provide financial assistance to the Union government. The States also have the power to raise their own taxes and to make their own laws.

The financial relations between the Union and the States are governed by the Finance Commission. The Finance Commission is appointed every five years to recommend the distribution of financial resources between the Union and the States. The Finance Commission also recommends the grants-in-aid that the Union government should give to the States.

The judicial relations between the Union and the States are governed by the Supreme Court. The Supreme Court is the highest court in the country and has the power to decide disputes between the Union and the States. The Supreme Court also has the power to strike down laws that it deems to be unconstitutional.

The Emergency Provisions are contained in Article 352 of the Constitution. These provisions allow the President to declare a state of emergency if there is a threat to the security of India or if the government is unable to function properly. During a state of emergency, the President can suspend the Constitution and rule by decree.

The special provisions for certain States are contained in Part XI of the Constitution. These provisions are designed to address the special needs of certain States, such as Jammu and Kashmir, Nagaland, and Mizoram. These States have a greater degree of autonomy than other States.

The relations between the Union and the Union Territories are governed by the Union Territories Act, 1963. The Union Territories are administered by the Union government. The people of the Union Territories do not have a right to elect their own government.

The relations between the States and the Union Territories are governed by the Inter-State Council Act, 1992. The Inter-State Council is a body that is constituted to promote cooperation between the Union and the States. The Inter-State Council is chaired by the Prime Minister and includes the Chief Ministers of all the States.

The relations between the States themselves are governed by the Inter-State Disputes Act, 1961. This Act provides a mechanism for resolving disputes between the States. The Act also provides for the appointment of a tribunal to adjudicate on disputes between the States.

The relations between the Union and foreign countries are governed by the Foreign Relations Act, 1947. This Act vests the power to conduct foreign affairs in the Union government. The Union government can enter into treaties and agreements with foreign countries.

The relations between the Union and international organizations are governed by the International Organizations Act, 1968. This Act provides for the participation of India in international organizations. The Act also provides for the appointment of representatives of India to international organizations.

The relations between the States and foreign countries are governed by the Foreign Relations Act, 1947. This Act also vests the power to conduct foreign affairs in the Union government. However, the States can also enter into agreements with foreign countries, but these agreements must be approved by the Union government.

The relations between the States and international organizations are governed by the International Organizations Act, 1968. This Act also provides for the participation of States in international organizations. However, the States cannot enter into agreements with international organizations without the approval of the Union government.

Table of Contents

What is the difference between a federal government and a unitary government?

A federal government is a system of government in which power is shared between a central government and regional governments. A unitary government is a system of government in which power is concentrated in the central government.

What are the advantages of a federal government?

The advantages of a federal government include:

It can provide a more efficient and effective government by allowing for regional differences to be taken into account.
It can provide a greater degree of local control over government affairs.
It can help to prevent tyranny by ensuring that no one branch of government becomes too powerful.

What are the disadvantages of a federal government?

The disadvantages of a federal government include:

It can be more difficult to pass laws and coordinate government policy.
It can lead to conflict between the central government and regional governments.
It can be more expensive to operate.

What are the different types of federal governments?

There are two main types of federal governments:

A confederation is a loose association of independent states that agree to cooperate on certain matters.
A federation is a system of government in which power is shared between a central government and regional governments.

What is the role of the central government in a federal system?

The central government in a federal system is responsible for matters that affect the entire country, such as foreign policy, national defense, and currency.

What is the role of the regional governments in a federal system?

The regional governments in a federal system are responsible for matters that affect their own region, such as education, healthcare, and transportation.

What is the relationship between the central government and the regional governments in a federal system?

The relationship between the central government and the regional governments in a federal system is defined by the constitution. The constitution typically specifies the powers that are reserved for the central government and the powers that are delegated to the regional governments.

What are some examples of federal countries?

Some examples of federal countries include:

The United States
Canada
Australia
Germany
India

What are some challenges that federal countries face?

Some challenges that federal countries face include:

The need to balance the power of the central government with the power of the regional governments.
The need to coordinate government policy between the central government and the regional governments.
The need to resolve disputes between the central government and the regional governments.

The Indian Constitution is a:
(a) Unitary Constitution
(b) Federal Constitution
(c) Quasi-Federal Constitution
(d) Confederal Constitution
The Indian Constitution provides for a dual Polity with:
(a) Three lists of subjects
(b) Four lists of subjects
(c) Five lists of subjects
(d) Six lists of subjects
The Union List contains subjects of:
(a) Defence
(b) Foreign Affairs
(c) Communications
(d) All of the above
The State List contains subjects of:
(a) Police
(b) Education
(c) Public Health
(d) All of the above
The Concurrent List contains subjects of:
(a) Trade and Commerce
(b) Criminal Law
(c) Marriage and Divorce
(d) All of the above
The President of India can make laws on the Concurrent List if:
(a) The Parliament is not in session
(b) The Rajya Sabha is not in session
(c) The Lok Sabha is not in session
(d) Both the Houses of Parliament are not in session
The President of India can declare an emergency under Article 352 if there is:
(a) External aggression
(b) Internal disturbance
(c) Financial instability
(d) All of the above
The President of India can declare a financial emergency under Article 360 if:
(a) The financial stability of India is threatened
(b) The Public Debt of India is beyond the limit prescribed by Parliament
(c) The Reserve Bank of India is unable to meet its obligations
(d) All of the above
The President of India can appoint the Prime Minister of India:
(a) On the advice of the Vice President
(b) On the advice of the Chief Justice of India
(c) On the advice of the Speaker of the Lok Sabha
(d) On the advice of the Leader of the House in the Lok Sabha
The President of India can dismiss the Prime Minister of India:
(a) On the advice of the Vice President
(b) On the advice of the Chief Justice of India
(c) On the advice of the Speaker of the Lok Sabha
(d) On the advice of the Leader of the Opposition in the Lok Sabha
The President of India can dissolve the Lok Sabha:
(a) On the advice of the Prime Minister
(b) On the advice of the Vice President
(c) On the advice of the Chief Justice of India
(d) On his own discretion
The President of India can appoint the Chief Justice of India:
(a) On the advice of the Prime Minister
(b) On the advice of the Vice President
(c) On the advice of the Chief Justice of the High Court of Delhi
(d) On his own discretion
The President of India can appoint the Governors of the States:
(a) On the advice of the Prime Minister
(b) On the advice of the Vice President
(c) On the advice of the Chief Justice of India
(d) On his own discretion
The President of India can grant pardons, reprieves, respites and remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence:
(a) Under any law passed by Parliament
(b) Under any law passed by the State Legislature
(c) Under any law made by the President
(d) Under any law made by the Union Government
The President of India is the Supreme Commander of the Armed Forces of India:
(a) In his personal capacity
(b) In his official capacity
(c) In his constitutional capacity
(d) In his political capacity
The President of India can address both Houses of Parliament assembled together or either House of Parliament separately:
(a) At any time
(b) Once in a year
(c) Twice in a year
(d) Thrice in a year
The President of India can summon, prorogue and dissolve the Lok Sabha:
(a) At any time
(b) Once in a year
(c) Twice in a year
(d) Thrice in a year
The President of India can send messages to either House of Parliament, whether with respect to a Bill then pending in Parliament or otherwise:
(a) At any time
(b) Once in a year
(c) Twice in a year
(d) Thrice in a year
The President of India can nominate twelve members