State of the Relationship | What We Do
Central State Relation - Legislative, Administrative and Financial. In India, before the formation of the federation the States were not sovereign entities. As such. Federalism is a fluid concept. Historically, the relationship between the two levels of government has been defined by the courts, Congress, and funding pol. Citizenship: relationship between citizens and state. Leiden researchers study the extent to which Asian citizens can invoke the rights that they have on paper.
If a law is contested challengedit is up to the High Court to determine whether the Constitution gives the relevant parliament the power to make this law.
A law judged by the High Court to be unconstitutional is then invalid over-ruled. The states' reliance on federal government funding to pay for activities such as schools and hospitals has also shifted the federal-state balance.
Federal funding grants make up about half of the states' total revenue. Under section 96 of the Constitution, the federal Parliament can 'grant financial assistance to any State on such terms and conditions as it thinks fit'. This allows the federal government to give 'tied' grants to state governments, directing the state government on how to spend the money.
The federal government can then influence the way things are done in areas such as education, health, housing and urban development, which are primarily state responsibilities. Article lays down that the executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and the executive power of the Union shall extend to the giving of such directions to a state as may appear to the Government of India to be necessary for that purpose.
Article of the Constitution provides that the executive power of every state shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to giving of such directions to a state as may appear to the Government of India to be necessary for that purpose.
In short, the Union Government can issue directions to the state Government even with regard to the subjects enumerated in the state list. Maintain means of communication of National or Military importance: The Union Government can give directions to the state with regard to construction and maintenance of the means of communication declared to be of national or military importance.
Protection of the Railways: Union can issue State Governments necessary directions regarding the measures to be taken for the protection of the railways within the jurisdiction of the State. It may be noted that the expenses incurred by the State Governments for the discharge of these functions have to be reimbursed by the Union Government. To ensure welfare of Scheduled Tribes in the States: Union can direct the State Governments to ensure execution of schemes essential for the welfare of the Scheduled Tribes in the States.
To secure instruction in the mother-tongue at the primary stage of education: Union can direct the State Governments to secure the provision of adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups.
To ensure development of the Hindi language: Union can direct the State Governments to ensure the development of the Hindi language. To ensure government of a State is carried on in accordance with the provision of the Constitution: Union can direct the State Governments to ensure that the government of a State is carried on in accordance with the provision of the Constitution.
If any State failed to comply with any directions given by the Union in exercise of its executive power, then President may hold that, a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution.
The President of India can entrust to the officers of the State certain functions of the Union Government.
However, before doing so the President has to take the consent of the state Government. But the Parliament can enact law authorizing the Central Government to delegate its function to the State Governments or its officers irrespective of the consent of such State Government. On the other hand, a State may confer administrative functions upon the Union, with the consent of the Union only.
Appointment of High Dignitaries: The members of these services are recruited and appointment by the Union Public Service Commission.
The members of these services are posted on key posts in the states, but remain loyal to the Union Government. The Parliament has been vested with power to adjudicate any dispute or complaint with respect to the use, distribution or control of the waters of, or in any inter-state river or river-valley.
In this regard, the Parliament also reserves the right to exclude such disputes from the jurisdiction of the Supreme Court or other Courts. Centre State Relations During Emergencies 1. 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.
Central State Relation - Legislative, Administrative and Financial
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. 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 to deals with the provisions of financial relations between Centre and States.
State of the Relationship Report | Reports
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. This amendment, along with the Fifteenth and the Twenty-fourth, has largely restricted the authority of the states to determine who can vote and where they cast their ballots.
The courts have directed how state and local authorities draw their congressional, legislative, and school-board district boundaries. In recent years, the Supreme Court limited the powers of the federal government in favor of the states. Lopez held that Congress cannot prohibit guns in the area around a public school under the commerce clause.
The Court also upheld Oregon's "death with dignity" law, which allows the terminally ill to end their lives, against a federal challenge, in Gonzales v.
The role of Congress Legislation can compel states either directly or indirectly to take action they otherwise might not take. Again, civil rights provide a pertinent example. The Voting Rights Act intruded on the constitutional power of the states to set voter qualifications by challenging the literacy tests and poll tax that were used in the South to get around the Fifteenth Amendment. A wide range of environmental laws establishes requirements for air and water pollution control and the disposal of hazardous wastes to which states and municipalities must adhere.
These are examples of mandates. Congress may also threaten to cut off funds if states do not implement a particular policy. Although a law forcing the states to establish 21 as the minimum drinking age or 55 miles per hour as the maximum highway speed might be unconstitutional, Congress can and did threaten to cut off federal highway funds to states that did not comply with the two limits.