A.245 : Parliament can legislate on whole territory, can also make extra-territorial legislations.
A.246 : Divides Legislative Powers into 3 Lists in 7th Schedule
Union ( 97 items ) Defence, foreign affairs, shipping, railways
Concurrent ( 47 ) Uniformity is desirable but not essential. ex: detention, marriage, electricity, trade unions.
Sate List ( 66 ) public order, forest, public health, agriculture.
However, centre can legislate on state list subjects in certain exceptional circumstances.
Strong Centralizing tendencies:
1. A. 249: 2/3rd majority is R.S in the interest of nation.
2. A. 250: Proclamation of emergency. ( national emergency )
3. A. 252: two or more states approach parliament and adopt parliaments legislation. Only Parliament can then amend it.
4. A. 253: implementation of international treaty.
5. A. 254: Conflict between state and central law on concurrent list, central law prevails.
6. A. 356: Presidents rule (failure of constitutional machinery ); Parliament can legislate on state list subjects.
7. A. 352: National emergency-- war or armed rebellion; Parliament to legislate on state list.
8. A. 360: Financial Emergency -- money bills of state to be reserved for presidents consideration.
9. Residuary powers with the Parliament.
10. Planning Commission: Discretionary grants.
11. A. 256: execution of central law by states; centre can issue directions, violations attracts presidents rule.
1. ex: protection of railways( union list), by state police ( under states control )
2. extra cost are paid by centre.
12. A. 280: governor can entrust union executive machinery with the executive powers of the state.
13. A. 201: President withholds assent to bills reserved by governor for presidents consideration. Absolute veto.
14. Appointment of governor.
Protection of Federalism/Federal Structure:
1. Residuary power is assigned to centre only when it cannot be comprehended in any of the items enumerated in seventh schedule.
2. Doctrine of pith and substance: protects against disguised encroachment of centre on items of state list, if the pith and substance of legislation lies within sphere of states competence.
3. Needs 2/3rd majority in R.S to legislate on state list items, difficult to obtain in the era of coalition politics.
4. under A. 252: Parliaments power to legislate on state list extends to only those two or more states which have voluntarily agreed; it is not coercive.
5. A. 254: if presidents prior assent is taken, then states law prevails unless specifically nullified by the parliament.
6. A. 368 : amendment of constitution which affects states representation in R.S and amending any matter in seventh schedule requires prior assent of president.
7. A. 271: Income tax proceeds are distributed b/w state and centre on the basis of recommendations of finance commission.
8. Finance commission: principles of devolution of resources to states are generally followed. Deserving state gets its due share without becoming a matter of politics.
9. A. 257: when president delegates executive power of centre on states, the extra cost of arising out of carrying out of such functions are compensated to states.
Means of cooperation between centre and states:
1. A. 261: Full faith and credit to all public acts, records, judicial proceeding of union and all states.
2. A. 262: Settlement of inter-state water disputes through water tribunals.
3. A. 263: Inter-state council: to coordinate between centre and states and among states themselves. enquires and advices in matters of disputes.
4. All India services maintain unity of the country.
5. NDC approves plans of the planning commissions.
6. Zonal councils.
7. National integration councils.
Issue Areas
1. Appointment of governor is partisan.
2. unreasonable imposition of Presidents rule owing to political considerations.
3. Discretionary grants by planning commission.
4. Plans of Planning commission covers entire field of administration and states owing to lack of funds adhere to the plans dictated by the P.C. This hampers states ability to cater to their own region specific requirements.
Suggestions
1. Planning commission should set broad targets for planning and stop micromanaging plan formulation of various ministries. Ministries should form their own plans which P.C may consider for approval.
2. There is a need to evolve bottom-up approach to planning where various ministries and states formulate their plans considering the utility of such plans. Later, they should be incorporated in Planning commissions plan.
3. Sarkaria: NDC ---> NEDC. should meet frequently, at least twice a year.
4. Sarkaria: Impose presidents rule sparingly.
5. Sarkaria: Centre should consult states before making a law on concurrent list.
6. Sarkaria and Punchhi: a person who is eminent person in public walks of life, outside state, and a detached person be appointed as governor. He should be given fixed tenure of 5 years term.
7. Punchhi
1. under A.201, president should return bill within 6 months, if he asks for modification of bill or totally rejects it, reasons for the same have to be stated.
2. constitutional procedure for appointment of governor and provide for his impeachment in the lines of A.61 ( presidents impeachment ).
3. Provision of localized emergency at district or sub-parts of district under governors rule for maximum 3 months period.
4. zonal councils should meet at least twice a year.
5. Create all India services in health, education, engineering and judiciary fields. Further strengthen current all india services.
6. Finance commission should be made a permanent body.
7. P.C should stop micromanaging plan formulation.
Conclusion
1. Coalition era: political consideration weigh higher than financial and administrative considerations.
2. P.C grants, a quantitative look at grants doesnt show any glaring discrimination among states allocation of planned expenditure.
3. national flagship programmes like MNREGA, NRHM, SSY have been brought through unilateral legislation of centre, there is a need to obtain inputs and consensus of states before enactment of them. A more collaborative approach is needed.
4. In case of GST, thankfully, the discussions are on the basis of facts and mutual interest. this reflects hallmark of federation.
issues:
1. NCTC: fear of loss of federal autonomy; law and order is in state list. Preventive detention in concurrent list.
2. GST: central service tax and states sales tax are to be brought under gst.
3. teesta river sharing: states interference in foreign policy of india; coalition dharma becomes important.
4. Tamil autonomy in Srilanka: politics around public opinion in state are dictating indias foreign policy.
Rajshekhar Gidnavar
References:
1. arora and goyal: Indian public administration
2. The HIndu news Paper.
