This Article is written by Siddhant singh & this article discuss the concept of ADMINISTRATIVE RELATION BETWEEN CENTRE AND STATE.

TABLE OF CONTENTS:

1. INTRODUCTION
2. BACKGROUND
3. TYPES OF CENTRE AND STATE RELATIONS
4. SEVENTH SCHEDULE
5. DIRECTIVE PRINCIPLES OF STATE POLICY
6. EMERGENCY PROVISIONS
7. TYPES OF COMMITTEES MADE TO RESOLVE THE CENTRE AND STATES RELTIONS DISPUTES
8. LANDMARK CASE LAWS
9. CONCLUSION

INTRODUCTION:

India is governed by the grundnorm which is Indian constitution.According to the Indian constitution India is a Sovereign,Socialist ,Secular,Democratic,Republic with a parliamentary form of government and the nature of the Indian government is both Federal and Unitary that is why it is called quasi federal government.Federal government means “Dual governments”.

The word federal is drived from the latin word “Foedus” means a Treaty or a Agreement.According to A.V Dicey , A federal state is a political contrivance intented to reconcile national unity with the maintenance of state rights. Garner also said that federal government may be defined as a system of central and local governmemt combined under a common sovereignty ,both the central and local organisations being supreme within definite spheres ,marked out for them by the general constitution or by the act of parliament ,which creates the system.Countries like USA,RUSSIA,BRAZIL,ARGENTINA,AUSTRALIA etc are follower of federal form of government.

In Unitary government the legislature of that country is the supreme law making organisation ,they have full power over other organisation , that supreme body or organisation has the permit over other bodies or legislature to exist and to exercise their powers .In Unitary form of government supreme body has full right to overrule them. Countries like China ,UK, AUSTRIA,FRANCE etc, are followers of unitary form of government.But in India there is a Quasi federal government i.e mixture of both federal and unitary.

BACKGROUND:

As we know that India had the extremely centralised colonial government pre independence which had been slowly changed into semi federal . When India got independence from British colonial government then the need of development ,maintenance of law and order which resulted in uniting the powers in the hands the Union. We have a single party rule from past many decades that is why the need is also generated to give power to the other bodies , that is why makers of the constitution focused into there very deeply, while making the Constituion of India.Union and State relation is real is a very crucial thing ,it is a matter of interaction between the two levels of bodies which is related to using of their duties towards public . There are many matters like Agriculture, Health, Education etc.these two governing bodies have to face the management of these some functions. Due to saveral political parties the new dimension has acquired in the problem of centre and state relations.Federal system helps to bring the relations between Centre and State good and following the concept of Decentralisation of power.

TYPES OF CENTRE AND STATE RELATIONS

We all know that in India there is three types of relations between Union and State which is clearly defined under the Indian constitution.

1. Legislative relations: Which are given from Article 245-255(CHAPTER 1 PART 11) of the Indian constitution.
2. Administrative relations: Which are given from Article 256-263(CHAPTER 2 PART 11) of the Indian constitution .
3. Financial relations: Which are given from Article 264-300(A) (CHAPTER 3 PART 12) of the Indian constitution.

The framers of the Indian constitution had full awarenes regarding how to run a country with making harmony between the two government. For making harmony and following good governance principle for the upliftment of peoples and for development of India they made the bifercation by following Federal as well as Unitary government system in some cases.

Centre and state relations are very crucial for the country development as well as for the peoples who are living here whether they are citizens or non citizens. both centre and states are woking for the India . Constitution is the main source from where they are getting their powers and duties.

As above stated that there are three relations which are directly given under constitution. First is Legislative relation which means power are divided to them for making the laws relating to the subjects which are provided under the seventh schedule of the Indian constitution. Second is administration relation which means power and duties of the centre and states relating to administration . Third is Financial relation which means powers and duties of the centre and states relating to financial matters like collection of tax.

SEVENTH SCHEDULE:

Seventh schedule is dealt with the Article 246 which is related to Legislative relation. This schedule :contains three lists . They are as follows:

1. Union list:- This list is talks about powers of union government to make the laws in the subjects which are mentioned here .
2. State list :- This list talks about subjects relating to State government to make the laws.
3. Concurrent list:- Under this list subjects which are not covered under union and state lists are covered under this list and here both centre and state government have the powers to make the laws but here Central government has more power to make the laws. This is the powers of the central government which they derived from the constitution of India. And hence that’s it is said that India is following quasi federel government system because here centre has more power over state governments.

We can clearly see that Seventh schedule deals with centre and state government relations. Under USA constituition there is only one list. USA is a proper federal country.

The laws which are made by the centre and states government are executed by the executives and consent given by the President and state governors. The good coordination, supports and harmony between states and the centre leads to the growth of the country and peoples at domestic as well as International level.

According to article 256 of the indian constitution, here it is clearly stated that executive powers of the state shall be exercised by state by complying the laws of the union. If the states are failed to coordinate with the laws of union government then president rule may be imposed on the state its is mentioned under Article 356 of the indian constitution.

The administration of the Andaman and Nicobar Islands , Dadar and Nagar Haveli and Daman and Diu regions are controlled by the President. Here laws made by the union government is not applicable.

As per article 254 ,if the state legislature made any law and at a same time parliament also made any law under concurrent list then the law made by the parliament will prevail hence law my by the state will become void.

DIRECTIVE PRINCIPLES OF STATE POLICY: (DPSP)

We all know that DPSPs are only directions which are given to both state and centre government by the Indian constitution. They are only directions so nobody can take any actions against them through courts , they are only directions given to them , its on them to follow or not follow for the benefit of the India as well as its peoples .

DPSP is a Non justiciable right. Justiciable rights are Fundamental rights. It is a “Instrument of Instructions” which are made through the Government of India Act 1935. It was came through the Sapru Committee in 1945.There are 16 articles from article 36- 51 under (part - 4 ) of indian constitution.It was borrowed from the Constitution of the Ireland.

As above mentioned that DPSP are directions for the states and central government. Here both state and central government can make the laws relating to the directions given under DPSP by using seventh schedule and other provions relating to their law making powers and their duties.

EMERGENCY PROVISION :

We all know that India is a quasi federal country because there is mixture of both federal and unitary government system. Emergency provision is a best example why india also has a unitary government system. When emergency is applied in the country all the powers of the states governments are suspended for a period of time.

Emergency is applied when state governments are failed to comply with the Indian constitution provisions. It is applied by the President of the India.

There are three types of emergencies given under Indian constitution:-

1. Article 352 of the Indian constitution :- “NATIONAL EMERNGENCY” it is declair by the president when the region is under a state attack ,external intrusion, internal rebellian . first emergency was declared during war with China ( 1962 and 1968). And second time declared during period of Indira Gandhi.
2. Article 356 :- “STATE EMERGENCY’ it is declare by the president on the receipt of brief through the governor of the state . when state is unable to follow the constitution provision. Here president rule will be imposed.
3. Article 360:- “ FINANCIAL EMERGENCY” it is declare by the president after receiving evidence of unstable economy and credibility is encountered. For declaring financial emergency factors like executive and legislative plays a vital role. This emergency is never declared in india till todays date.

44^th AMENDMENT ROLE UNDER EMERGENCY :

44^th amendment made a different image of emergency provision under the India constitution. It made a restrictions on executives unjust influence which was previously done during emergency in 1975. Here “internal disturbance “ was replaced by the “armed rebellian”. And also there must be a direct Cabinates

Communication to declare an emergency in the nation.

TYPES OF COMMITTEES MADE TO RESOLVE CENTRE AND STATE DISPUTES:

There are saveral committees was made by the central government to resolve the disputes and to bring clarity between Centre and States.

1. Administrative reforms commission(1966)
2. Sarkaria commisson(1983)
3. Venkatachalaya commission(2000)
4. Poonchi commission(2007)

SARKARIA COMMISSION (1983)

This commission was made by the central government for solving the disputes and to bring clarity relating to the relation between centre and state government powers,duties and other related areas.

This commission was headed by Justice Ranjit singh Sarkaria (retd.Supreme court judge) as a Chairman with three other Members ( B.sivaraman , SR.sen,Rama ,Rama Subramaniam)

There are saveral recommendation were made by the Commission:-

1. The President assign certain executive functions to the state officials. (Article 258)
2. The President can exercise the power given in the constitution when there is failure of constitutional machinery.(Article 356)
3. The decision of the interstate water tribunal will be enforceable immediately rather than following notification by the centre.
4. The central government should have a loose over the concurrent lists subjects , then the centre should consult state government before enacting laws.(Concurrent list)

Sarkaria commission main objective was to review and examine the relation and working arrangements between Centre and the states.Sarkaria commission and other commissions made saveral reccommendations to the central government and the most important thing is these recommendations were mostly accepted by the central government. There are still many laccunas in the system after implimenting the recommendations of these commissions which are still undisclosed.

LANDMARK CASE LAWS:-

STATE OF RAJASTHAN V. UNION OF INDIA (1977)

Under this case High court held that central government has power to give the directions to the state government if the state government is not following the provisions of the constitution of india and acting in contrary to it.

STATE OF KARNATAKA V. UNION OF INDIA and Ars.(1978)

Under this case court stated that the central government has the power to give any directions to the state govermnents.And the legal rights the states consists in their immunity.

RAMESHWAR ORAON V. STATE OF BIHAR and ors.(1995)

Under this case court held that it the duty of the State goverments to follow the directions and rules made by the central government.

RAM JAWAYA KAPOOR V. STATE OF PUNJAB (1955)

Under this case Apex court held that both central and state government must act within their respective powers and jurisdictions.

SWARAJ ABHIYAN V. UNION OF INDIA (2017)

Under this case Supreme court held that both the central government and the state governments must respect the statutory provisions of the Constitution of india.

CONCLUSION:-

The administrative relations between the central and state government in india are complex, still important for the functioning of the indias federal structure.These relations are guided by the principles outlined in the constitution of india , which describes the distribution of powers and responsibilities between the centre and the states.

There are some key features of the administrative relations :

1. Distribution of powers:- The constitution divides powers between the centre and states through the union list, state list, and concurrent list. The distribution ensures that both levels of government have their respective domains of authority.
2. Financial relations:- Centre and the states divides financial resources and responsibilities between them. There are commissions such as finance commission plays a significance role in determining the sharing of revenues between the centre and states government.
3. Cooperative federalism: The system encourages cooperation and coordination between the centre and the states to address shared challenges and promote overall development.
4. Role of Governor: The Governor, as the head of the state , acts as a link between the state government and the president of india. The governor plays a crucial role in maintaining administrative relations between the centre and the state.

The administrative relations between the centre and state governments in india are charecterized by a complex and dynamics interplay of powers and responsibilities. The constitution of India describes the distribution of powers between the centre and the states , and also provides for mechanisms to resolve disputes and promotes cooperation.

Central government has taken many steps to resolves the disputes and questions relating to powers and duties and reltions between centre and states government.

REFERENCES

• M LAXMIKANTH, INDIAN POLITY, (6th Edition, Mc Graw Hill, 2020)
• Jain, M.P., Chelameswar, J. and Naidu, D.S. (2019) Indian constitutional law. Gurgaon, Haryana, India: LexisNexis.
• State of rajasthan v. Union Of India ,1977 AIR 1361, 1978 SCR (1)
• State of karnataka v. Union of india and Ars , 1978(2)ELT564(KAR)