CONSTITUTION OF INDIA - CENTER STATE RELATIONS

Indian Federalism
The Constitution provides a federal system of government in the country even though it
describes India as ‘a Union of States’. The term implies that firstly, the Indian federation is
not the result of an agreement between independent units, and secondly, the units of
Indian federation cannot leave the federation. The Indian Constitution contains both federal
and non- federal features.

Federal Features

The federal features of the Constitution include:

(1) A written constitution which defines the structure, organization and powers of the
central as well as state governments.
(2) A rigid constitution which can be amended only with the consent of the states.
(3) An independent judiciary which acts as the guardian of the constitution.
(4) A clear division of powers between the Center and the States through three lists- Union
list, State list and Concurrent list.
(5) The creation of an Upper House (Rajya Sabha) which gives representation to the states
etc.

CONSTITUTION OF INDIA - CENTER STATE RELATIONS

Non – Federal Features

The Constitution also contains a number of unitary features:
(1) The creation of a very strong centre
(2) The absence of separate constitutions for the states
(3) The right of Parliament to amend major portions of the constitution by itself
(4) A single citizenship for all
(5) Unequal representation to the states in the Rajya Sabha
(6) The right of Parliament to change the name, territory or boundary of states without their
consent.
(7) The presence of All- India Services which hold key positions in the Centre as well as the
States appointment of the Governor by the President
(8) The granting of extensive powers to the President to deal with various kinds of
emergencies
(9) The right of Parliament to legislate on state subjects on the recommendation of the
Rajya Sabha.
(10) The presence of a single judiciary with the Supreme Court of India at the apex
(11) The residuary powers under the Indian Constitution are assigned to the Union and not
to the States.
(12) The exclusive right of Parliament to propose amendments to the Constitution.
 CONSTITUTION OF INDIA - CENTER STATE RELATIONS
Legislative Relations
There are three lists of legislative powers:

1) Union list
2) State list
3) Concurrent list

Union List

•The Union List which consists of 97 subjects of national interest is the largest of the three
lists.
•Some of the important subjects included in this list are: Defence, Railways, Post and
Telegraph, Income Tax, Custom Duties, etc.
•The Parliament has the exclusive power to enact laws on the subjects included in the Union
List for the entire country.

CONSTITUTION OF INDIA - CENTER STATE RELATIONS

State List
•The State List consists of 66 subjects of local interest.
•Some of the important subjects included in this List are Trade and Commerce within the
State, Police, Fisheries, Forests,Industries, etc.
•The State Legislatures have been empowered to make laws on the subjects
included in the State List.
Concurrent List
•The Concurrent List consists of 47 subjects of common interest to both the Union and the
States.
•Some of the subjects included in this list are: Stamp Duties, Drugs and Poison,
Electricity, Newspapers etc.
•Both the Parliament and the State Legislatures can make laws on the subjects included in
this list. But in case of a conflict between the Union and the State law relating to the same
subject, the Union law prevails over the State law.

Note: Power to legislate on all subjects not included in any of the three lists vests with the
Parliament.Under certain circumstances, the Parliament can legislate on the subjects
mentioned in the State List.
 CONSTITUTION OF INDIA - CENTER STATE RELATIONS
Administrative Relations
•The Union Government can issue directions to the States to ensure compliance with the
laws of the Parliament for construction and maintenance of means of communications,
declared to be of national and military importance, and also on the measures for the
protectionof Railways.

•The State governments may delegate some of its administrative functions relating to
the State subjects, to Union Government for a specified period.

•The Constitution of India has certain special provisions to ensure uniformity of the
administrative system. These include the creation of All India Services such as IAS and
IPS and placing members of these services in key administrative positions in the states.

•The presence of All India Service Officers further paves way for the Central Government
to exercise its authority and control over the states. The members of these services are
recruited by the Centre but are appointed in the States. No disciplinary action can be taken
against them by the State Governments without the permission of the Centre.

CONSTITUTION OF INDIA - CENTER STATE RELATIONS

Financial Relations
•Both the Union government and the states have been provided with independent sources
of revenue by the Constitution.

•Parliament can levy taxes on the subjects included in the Union list. The states can levy
taxes on the subjects in the state list. Ordinarily, there are no taxes on the subjects in the
Concurrent List.

•Finance Commission –One of the instruments which the Constitution has evolved for the
purpose of distributing financial resources between the Centre and the states is the Finance
Commission.
• The duty of the Commission is to make recommendations to the President as to:
(a) the distribution between the union and the states of the net proceeds of the taxes
which are to be divided between them and the allocation between the states
themselves of the respective share of such proceeds;
(b) The principles which should govern the grants-in-aid of the revenues amongst the
states out of the Consolidated Fund of India.