RELATION BETWEEN UNION &STATE FOR COMPETITIVE EXAM

UNION-STATE RELATIONS 

The distribution of powers is an essential feature of the federalism . The federal system was adopted in India involves division of authority between the Union and the states .the Indian Constitution can be both unitary as well as Federal according to the requirements of the time and circumstances. the constitution of India is Federal in form but unitary in Spirit.


🔮Article 245 to 263 of part xi  and articles 268 to 293 of particle xii describe Three Types of centre state relations;


❄legislative relation

❄administrative relation

❄and financial relation.




Topics 

💢 legislative relation
( Union list, state list, concurrent list) 

💢administrative relation
( inter state Council, inter state commerce, zonal Council)

💢 financial relation
(distribution of taxes )

💢important Commission 















💢legislative relations




🔮Articles 245 to 255 of part xi describe legislative relations.




🔮The framers of our constitution divided the legislative powers between the center and the states in accordance with the Canadian constitution.

❄  However they added one more list to it.that is concurrent list.



 🔮According to Government of India Act 1935, the division of subjects was made into 3 list Federal, provincial  and concurrent.




🔮our constitution makers followed Government of India Act 1935 to added concurrent list in our constitution.



🔮According to article 245 (1) Parliament May make laws for the whole or any part of the territory of India and the Legislature of a state may make laws for the whole or any part of the state.



🔮According to article 246 Parliament has exclusive power to make laws with respect to any of the matters  enumerated in Union list & concurrent list of the seventh schedule.



🔮Indian Parliament make laws under the  residuary powers under article 248.



🔮Under article 249 parliament (Rajya Sabha )has a power to pass a resolution that  it is necessary in the national interest ,that Parliament should make laws on matter in the state list .



❄such a resolution should be supported by two third majority of member present and voting .



🔮Article 250 empowers the Parliament to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the  state list.


❄Such a law however shall cease to effect on the expiration for six months after the proclamation of emergency has ceased to operate.



🔮Parliament can legislate on any subject mentioned in the state list in two cases



❄ (1)if Rajya Sabha authorised to do so in the national interest (article 249 )




❄(2)during proclamation of emergency (article 250)




🔮Under article 252, in the legislatures of the two or more states pass a resolution to the effect that it is desirable to have a law passed by Parliament on any matters in the state list common to these States,  Parliament can make laws in  that respect.




🔮Under article 253, Parliament has power to make any law for the whole or any part of the territory of India for implementing treaties and international agreements and conventions.





🔮Wherever the conflict arises as to a subject matter, the union list predominantes Over The Other lists.

💢Important subjects in various list

The constitution divides legislative authority between the Union and the states in  three list the union list , the state list ,and the concurrent list.





💢Union list

🔮The union list consists of 100 items (originally 97 items)

🔮The union Parliament has exclusive authority to frame laws on subjects enumerated in  the list.




🔮This list contains subjects like defence  ,Foreign Affairs, atomic energy, Armed force, Communications, Post and Telegraph, inter-state trade ,commerce ,foreign trade etc.




💢State list

🔮the state list consists of 61items (originally 66 items)




🔮State legislature have exclusive power to legislate on subjects mentioned in the state list.




 🔮the state list contains subjects like public order , local government ,public health and sanitation, libraries museum and other similar Institutions , agriculture, fisheries, Markets and fairs etc

💢Concurrent list

🔮Both Parliament and state legislatures can make laws on subjects given in the concurrent list, but the centre has a Prior  and superior claim to legislate on concurrent subjects.

 🔮the list comprise of 52 items (originally 47 items)

🔮This list contains subject like criminal law, forest, education ,marriage and divorce , preventive detention etc.

💢Residuary powers 

🔮Article 248



🔮Parliament has exclusive power to make laws on the subjects not mentioned in any of the lists

💢Administrative relations

🔮Article 256 to 263 in part xi of the Constitution deal with the administrative relations between the centre and the states.

🔮During the time of emergency Indian constitution works like a unitary government in normal times ,there are constitutional provisions which ensure the control of the union over the states.




💢some of the mechanism are

 🔮according to article 256,The executive power of the State shall be conducted in such a manner that it is consistent with the law made in Parliament. The Central Government may direct the State for this purpose.

🔮Further article 257 provides that States must exercise their executive power in such a way so as not to  impede or prejudice the exercise of the executive power of the union in the state.

🔮Article 262  states that all disputes between States regarding the use ,distribution or control of water are decided by the centre.

💢Financial relations

  🔮article 268 to 293 in part xii deal with the financial relations.

🔮The states are greatly dependent on the central government for finance.the state governments have been provided independent sources of revenue but these are inadequate .




🔮the union government has the power to borrow from within India or outside subject to the limits  down by the Parliament ,the borrowing power of the states is  subject to several limitations.





🔮Article 268 describes the duties levied by the union but collected and appropriated by the states.




 🔮article 269 describes the taxes levied and collected by the union but assigned to the states .




🔮article 270 describes the taxes levied and distributed between the Union and the states.





🔮Finance commission( article 280) recommends to the president on the distribution of net proceeds of taxes between the centre and States.

            💢Distribution of taxes💢

💢taxes belonging to Union exclusively 

Customs, Corporation ,taxes on capital values of Assets of individual and company, surcharge on income tax, fees in respect of matters in union list.

💢Taxes belonging to States exclusively

Land revenue
,stamp duty except in documents included in the union list,
succession duty
,estate duty and income tax on agricultural land, taxes on passengers and goods carried on inland waterways ,
taxes on lands and buildings,
 mineral rights. taxes on animals and boats ,Road vehicles on advertisements ,electricity,luxuries taxes on the entry of goods,  Sales Tax, tolls , on profession trade etc.

💢Commissions for the improvement of centre - state relations

There have been several efforts for the improvement of centre state relations .Central Government have set up many Commission to review and examine the federal relations from time to time ,leading among them are

💢Sarkari Commission

🔮Sarkari Commission was set up in June 1983 by the central government of India.

 🔮The sarkari Commission's charter was to examine the relationship and balance of power between state and Central governments in the country and suggest changes within the framework of the Constitution of India .

🔮it was headed by justice Rajinder  Singh sarkaria , a retired judge of the Supreme Court of India and other two members of the committee were shri Bsivaraman  and Dr SR Sen.

🔮Major recommendations are mentioned below

❄The centre should consult the States before making a law on a subject of the concurrent list .

❄the Governor's term of 5 years in a state should not be disturbed  except for some extremely compelling reason .

❄the surcharge on Income Tax should not be levied by the centre except for a specific purpose and For a strictly  Limited period .

❄when the president withholds his assent to the state bills, the reason should to communicated to the state government.

 ❄as provided in article 263,an inter state Council should be constituted to resolve the difference between the Union and the states .



❄the chief ministers of all the states should be ex-officio members of the Council.

 ❄the state should be given right to amend the subjects included in state list ,this requires an amendment to the article 252 of the constitution.

❄ an expenditure Commission should be set up at the union level .



❄the corporation tax should be distributed between centre and state.

❄The judges of high court should not be transferred against their 

💢MM PUNCHHI COMMISSION 

🔮A Commission on centre state relations was set up by the government of India in April 2007





🔮under the chairmanship of Madan Mohan punchhi ,former Chief Justice of India . some

of the recommendations given in its various reports are as below

❄It recommended higher Central transfers to backward States to enable them to improve their physical and human infrastructure.

❄It recommended for the adoption of a multi pronged strategy in the backward regions of the country  comprising public investment in infrastructure development,  proactive policies to attract private investment, higher public expenditure on social factors, such as health and education and area specific strategy for the growth of  agricultural production.

❄There should be much better co-ordination between the finance commission and the planning commission. the synchronisation of the periods Covered by the finance commission and the five year plan  will considerably  improve such  co-ordination. it recommended that another attempt be synchronise the periods.

💢Zonal councils

🔮The zonal councils are the statutory bodies .

🔮they are established by an act of the Parliament ,that is: States recognization act of 1956 .

🔮the ACt divided the country into 5 zone (northern , central, Eastern ,Western and southern )and provided a zonal Council for each zone.

🔮In India at present there are  six zonal Council (originally 5 zonal Council)

🔮Six zonal councils have been established to discuss and advice on matters of common interest.

🔮Northen zonal Council consist of Punjab Rajasthan Haryana Jammu Kashmir Uttarakhand Himachal Pradesh Chandigarh and national capital territory of Delhi.

🔮Central zonal Council consist of Uttar Pradesh Chhattisgarh and Madhya Pradesh.

🔮Eastern zonal Council consist of of Bihar Jharkhand West Bengal Odisha .

🔮Western zonal Council consist of Maharashtra Goa Gujarat UT of Dadra Nagar Haveli and Daman Diu.

🔮Southern zonal Council consist of Andhra pradesh, Tamilnadu ,karnataka, Kerala and union territory of Puducherry.

🔮North Eastern Council it was created in 1972 for Assam Manipur Tripura Meghalaya Nagaland Mizoram and Arunachal Pradesh .in 1994 Sikkim was included in it making its strength as 8.

🔮Each zonal Council consists of the following members

❄Home minister of the the central government chief ministers of all the states in the zone
 two other ministers from each state in the zone administrator of each union territory in the zone





🔮The home minister of Central government is the common chairman of the 6 zonal Council .





🔮Chief Minister acts as a vice chairman of the Council by rotation ,holding office for a period of one year at a time.





🔮AIM: promoting cooperation and coordination between States, union territories and the centre they discuss and make recommendations regarding matters like economic and social planning linguistic minorities border disputes interstate transport and so on .





🔮they are only deliberative and advisory body.