Union-State Relations

Our Constitution provides a federal system of government, though it describes our country as a Union of States. This term implies that first of all, the Indian federation is not the cause of an agreement that happens between the independent units, while secondly, the units of these Indian federations cannot leave the unity of the federation.

We will know more about the union-state relations, legislative relation between union state and administrative relations between union state as we further proceed with this topic. 

Centre State Relations

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To appropriately describe the Centre State Relations, we can say that our country, India is itself a form of the union of states. The Indian Constitution has divided the legislative, executive and financial powers between the two that is - centre and the states, this character gives the constitution a federal form whereas the judiciary sector is integrated in a hierarchical manner, that is the subordinate courts will look into it first, then comes the different high courts of each state and then comes the higher level of supremacy that is powered by the Supreme Court which comes under the Centre.

The centre-state relations can be explained into three parts, they are as follows:

• Legislative Relations 

• Administrative Relations 

• Financial Relations 

Legislative Relations

The legislative relation between union states is laid down in Articles 245 to 255 in the XI Parts. It deals with different aspects of the legislative relations that is created between the centre and the states. The legislative relation between the united states is as follows:

• Jurisdiction related to territorial legal matters is made by the Parliament and by all the Legislatures of States.

• The distribution of the legislative subjects is done equally between union and state. 

• The power of parliament to legislate the matters are done with respect to the matter as done in the State List.

• The Centre also have adequate control over the state legislation.

• Also, the Seventh Schedule of the Constitution represents the distribution of legislative powers between the centre and the states. 

• The subjects dealing with the legislature are divided into List I (which is the Union List), List II (this is the Concurrent List) and List III (called the State List).

• Presently, there are approximately 100 subjects coming in the Union list, among those subjects’ foreign affairs, defence, railway, banking, atomic energy, postal services, communication, currency etc. are included.

• Currently, there are around 61 subjects present on the State list. In the list, the subjects like police, public order, roadways, health, agriculture, local government, drinking water facilities, sanitation are included.

• Next, 52 subjects are present in the concurrent list. This list includes the subjects like education, forests, protection of wild animals and birds, electricity, labour welfare, criminal law and such procedural and civil procedures, population control and also family planning, drugs etc are present in the concurrent list.

Articles Giving Adequate Power to Union

Article 245 gives power to the centre, which allows them to give directions to the states in certain cases. This is the time when the centre exercises its executive power.  

Article 249 gives power to the parliament to legislate with respect to a matter where it involves the State List in the national interest of the economy.

Under Article 250, in this, it is laid down that the parliament becomes much empowered which prevails them to make laws on those matters which are related to the state list at the time of national emergency (described under Article 352). 

Under Article 252, the parliament is empowered to legislate any two or more states by taking the consent of the State Government primarily.

Administrative Relations

The administrative relations between union state are described vividly in the Article 256 to 263. These Articles deals with the administrative relations which is shared between the centre and the states. 

In Article 256 you will find that it stated the following –

"The executive power of every State shall be so exercised as to ensure compliance with the laws made by the 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".

This means that each and every state must take care that they follow all the executive laws which are made by the Parliament. With this, they must also carry out the laws which are levied on them. Additionally, if other directions are required, they will be directed by the Government of India for this purpose. 

Co-operation Between the Centre and the States Carrying Out the Executive Functions:

• In this section, we will see various provisions which are secured for the cooperation and coordination of legislature done between the centre and the states. These are as follows:

• Article 261says the following - "Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State" – which means that the Central and the State will be equally credited for. 

• According to Article 262, the parliament (as directed by the law) may provide the judgement for any dispute or attend to any complaint with respect to the control of inter-State River or river valley.

• Article 263 gives power to the President to form an inter-State Council which will set an inquiry and give its advice to the disputes that are done between the states, to investigate and to discuss the subjects where some or all of the States, or the Union and one or more of the States, might have a common interest.

• Also, as regard Article 307, the Parliament can appoint anyone under the legal forum who will carry out the purposes of the constitutional provisions which is related to the inter-state freedom of trade and commerce on behalf of the parliament.

Financial Relations

The Constitutional function also deals with the affair of centre and state financial relations which are laid down in Article 268-293 of Part XII.

Allocation of the taxation powers - The Constitution permitted the union government and the state governments with their own independent sources of revenue. The constitution allocates all the powers to the centre and to the states in the following manner:

• The parliament will function with exclusive power; it can levy upon the taxes on the subjects which is primarily mentioned in the Union List.

• The state legislatures have the exclusive power to on the taxes on the subjects which are mentioned in the State List.

• Both the parliament and the state legislature have the power to levy taxes on the subjects which they have mentioned in the Concurrent List.

• The parliament has also the exclusive power to levy taxes on matters which are related to the residuary subjects as well.

Centre State Relations During Emergencies

Under President’s Rule, the power of the State Government is curbed. Suppose at the time of Financial Emergency: The Union can direct the State Governments to analyse certain pitfalls for the financial poverty. The Central Government can also ask the State government to reduce the salaries and other allowances to the employees of the Governmental sector. The Union Ministry also requires all the Money Bills or all the Financial Bills are to be reserved for the consideration of the President after which are being passed by the Legislature of the State. 

So, we can see that in the administrative sphere the States alone cannot act. They are required to be guided and directed by the Centre.  

Did You Know?

• The residuary powers are assigned to the Union exclusively and not to the States. Well, the same way the Canadian Constitution distributes their power. This assigning of powers to the Parliament is not eroding away the federal nature of the Constitution.

• Though there is an accurate division of powers that exists between the Union and the States, the Indian Constitution empowers the Union even more to exercise control over the legislation as well as the administration of their States. The legislation by a state can be well disallowed by the President when it is reserved by the Governor for his own consideration.

• The Governor of a State is appointed by the President of the Union who holds the office. These similar ideas are found in the Canadian type.

• While amending the Constitution, we see there are specific matters which affects the federal structure, like the States are not even consulted before the change of the amendment of the Constitution. The bulk amount of amendment can be changed by a simple majority of the vote in the Union Parliament. 

• In our constitution, the Union is indestructible, but the States can be re-organized entirely. The Union can alter the boundaries of a State and can change its structure entirely.