4 minConstitutional Provision
Constitutional Provision

Centre-State Relations (especially regarding land and law enforcement)

What is Centre-State Relations (especially regarding land and law enforcement)?

Centre-State Relations describe how the central government and state governments interact in India. India is a federal systema system where power is divided between a central government and regional governments, so power is shared. The Constitution of India defines these relationships. Key areas of interaction include legislative, administrative, and financial matters. Regarding land, the states generally have control, but the Centre can acquire land for national purposes. Law enforcement is primarily a state subject, but the Centre can intervene in certain situations, like when national security is threatened. Understanding these relations is crucial for effective governance and preventing conflicts. The division of powers is outlined in the Seventh Schedulea list in the Constitution that divides powers between the Centre and States of the Constitution. This ensures a balance of power and prevents one level of government from becoming too dominant.

Historical Background

The concept of Centre-State relations evolved from British India. The Government of India Act, 1935 laid the groundwork for a federal structure. After independence in 1947, the framers of the Constitution adopted a federal system to accommodate India's diverse population and regions. The initial years saw a strong central government due to the challenges of nation-building. Over time, states have demanded greater autonomy and decentralization. Several commissions, like the Sarkaria Commission (1983-1988) and the Punchhi Commission (2007-2010), were set up to review Centre-State relations and recommend improvements. These commissions highlighted the need for cooperative federalism and better resource sharing. The 73rd and 74th Constitutional Amendments in 1992 further strengthened local governments and promoted decentralization. The introduction of the Goods and Services Tax (GST)a unified indirect tax system in 2017 also impacted Centre-State financial relations.

Key Points

12 points
  • 1.

    The Seventh Schedule of the Constitution divides powers into three lists: Union List (Centre), State List (States), and Concurrent List (both).

  • 2.

    The Union List contains subjects like defence, foreign affairs, and railways, where the Centre has exclusive power to make laws.

  • 3.

    The State List includes subjects like police, land, and local government, where states generally have exclusive power to make laws.

  • 4.

    The Concurrent List includes subjects like education, criminal law, and forests, where both the Centre and states can make laws. However, if there is a conflict, the central law prevails.

  • 5.

    Article 246Constitutional article defining subject matter of laws made by Parliament and State Legislatures deals with the subject matter of laws made by Parliament and State Legislatures.

  • 6.

    Article 256Constitutional article stating obligations of States and the Union states that the executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament.

  • 7.

    The Centre can deploy central armed forces in a state with the state's consent or in certain circumstances without consent, like during a national emergency.

  • 8.

    Land acquisition is generally a state subject, but the Centre can acquire land for national highways, railways, and other central government projects.

  • 9.

    The Inter-State CouncilConstitutional body to promote coordination between states and the Centre, established under Article 263Constitutional article regarding inter-state council, promotes coordination and cooperation between states and the Centre.

  • 10.

    The Finance CommissionConstitutional body that recommends the distribution of tax revenues between the Centre and the States recommends the distribution of tax revenues between the Centre and the states.

  • 11.

    The Governor of a state is appointed by the President and acts as a bridge between the Centre and the state government.

  • 12.

    Emergency provisions (Articles 352, 356, 360Constitutional articles regarding emergency provisions) allow the Centre to assume greater control over states in certain situations.

Recent Developments

8 developments

Increased demands for greater financial autonomy by states, especially after the implementation of GST (2017).

Ongoing debates about the role of Governors and allegations of them acting as agents of the Centre (2023).

The Centre's increased use of central agencies like the CBI and ED in states, leading to accusations of political interference.

Supreme Court judgments clarifying the powers of the Centre and states in various matters, including land acquisition and law enforcement (various years).

The rise of cooperative federalism, with increased emphasis on consultation and collaboration between the Centre and states through bodies like NITI Aayog.

Amendments to land acquisition laws by some states to expedite development projects (various years).

Discussions on reforming the All India Services (IAS, IPS, IFS) and their role in Centre-State relations (2021-2022).

The COVID-19 pandemic highlighted the importance of Centre-State coordination in managing public health emergencies (2020-2023).

This Concept in News

1 topics

Frequently Asked Questions

12
1. What are Centre-State Relations and what is their constitutional basis?

Centre-State Relations define the interactions between the central and state governments in India's federal system. The Constitution of India outlines these relationships, dividing powers and responsibilities. The Seventh Schedule is a key part of this constitutional basis.

Exam Tip

Remember that the Seventh Schedule is the backbone of Centre-State relations. Focus on the three lists: Union, State, and Concurrent.

2. What are the key provisions related to Centre-State Relations concerning land and law enforcement?

Key provisions include the State List, which gives states control over land and police. However, the Centre can acquire land for national purposes and intervene in law enforcement under specific circumstances. The Concurrent List also allows both to legislate on certain matters.

  • States have control over land (State List).
  • States have control over police (State List).
  • Centre can acquire land for national purposes.
  • Centre can intervene in law enforcement in certain situations.
  • Both Centre and States can legislate on subjects in the Concurrent List.

Exam Tip

Focus on the division of powers related to land and law enforcement as defined in the Seventh Schedule.

3. How do Centre-State Relations work in practice regarding land acquisition?

In practice, states primarily manage land acquisition. However, the Centre can acquire land for national projects, potentially leading to conflicts over compensation and rehabilitation. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (which replaced the Land Acquisition Act, 1894) aims to ensure fair compensation.

Exam Tip

Understand the balance between state control over land and the Centre's power for national projects. Be aware of the Land Acquisition Act.

4. What are the challenges in the implementation of Centre-State Relations, especially concerning law enforcement?

Challenges include overlapping jurisdictions, political interference, and resource constraints. The Centre's use of agencies like the CBI and ED in states can lead to accusations of political interference. States often feel they lack adequate resources to handle law enforcement effectively.

  • Overlapping jurisdictions between Centre and States.
  • Accusations of political interference by the Centre.
  • Resource constraints faced by states in law enforcement.
5. What is the significance of Centre-State Relations in Indian democracy?

Centre-State Relations are crucial for maintaining the federal structure of India, ensuring balanced development, and accommodating regional diversity. They impact governance, economic policies, and social harmony. A strong and cooperative relationship is essential for effective administration and national progress.

Exam Tip

Emphasize the importance of cooperative federalism for a strong and united India.

6. What are the different types of legislative powers distributed between the Centre and the States?

The legislative powers are divided into three lists: the Union List, where the Centre has exclusive power; the State List, where states generally have exclusive power; and the Concurrent List, where both can legislate, but the central law prevails in case of conflict.

  • Union List: Centre has exclusive power.
  • State List: States generally have exclusive power.
  • Concurrent List: Both Centre and States can legislate, but central law prevails.

Exam Tip

Remember the three lists and the subjects they contain. Pay attention to the concept of central paramountcy in the Concurrent List.

7. What are some recent developments affecting Centre-State Relations?

Recent developments include increased demands for financial autonomy by states after GST implementation, debates about the role of Governors, and the Centre's increased use of central agencies in states. These developments often lead to friction and debate.

  • Increased demands for financial autonomy by states after GST.
  • Debates about the role of Governors.
  • Centre's increased use of central agencies in states.

Exam Tip

Stay updated on current events related to Centre-State relations, especially those involving financial matters and the role of Governors.

8. What reforms have been suggested to improve Centre-State Relations?

Suggested reforms include greater financial decentralization, clearer guidelines for the role of Governors, and promoting cooperative federalism through inter-state councils. Addressing concerns about the misuse of central agencies is also crucial.

  • Greater financial decentralization.
  • Clearer guidelines for the role of Governors.
  • Promoting cooperative federalism through inter-state councils.
  • Addressing concerns about the misuse of central agencies.
9. What is your opinion on the increasing use of central agencies like CBI and ED in states, and its impact on Centre-State Relations?

The increasing use of central agencies raises concerns about political interference and undermines the autonomy of states. While these agencies are meant to combat corruption, their selective use can strain Centre-State Relations and erode trust. A balanced approach is needed to ensure accountability without compromising federal principles.

10. How has the concept of Centre-State relations evolved over time in India?

The concept evolved from the Government of India Act, 1935, which laid the groundwork for a federal structure. Initially, a strong central government was favored after independence. Over time, states have demanded greater autonomy, leading to various commissions and reforms aimed at decentralization.

Exam Tip

Remember the historical context, starting from the Government of India Act, 1935, and the subsequent demands for greater state autonomy.

11. What are common misconceptions about Centre-State Relations?

A common misconception is that states have absolute power over subjects in the State List. In reality, the Centre can intervene in certain situations, and the Concurrent List allows for shared legislation. Another misconception is that Centre-State relations are always adversarial; cooperative federalism is also a key aspect.

Exam Tip

Highlight the importance of understanding the nuances of power-sharing and cooperative federalism.

12. What are the important articles related to Centre-State Relations?

Article 246 deals with the subject matter of laws made by Parliament and State Legislatures. The Seventh Schedule is also crucial as it divides powers into three lists: Union, State, and Concurrent.

Exam Tip

Focus on Article 246 and the Seventh Schedule, as they are directly related to the legislative powers of the Centre and States.

Source Topic

Mizoram MP claims defence land scam issue blocked in Parliament

Polity & Governance

UPSC Relevance

Centre-State relations are VERY important for the UPSC exam. It's relevant for GS-2 (Polity and Governance), GS-3 (Economy - especially fiscal federalism), and Essay papers. Questions are frequently asked in both Prelims and Mains. In Prelims, expect factual questions on Constitutional provisions, committees, and recent developments. In Mains, expect analytical questions on issues like cooperative federalism, fiscal autonomy, the role of Governors, and the impact of GST. Recent years have seen questions on the challenges to federalism and the need for reforms. For example, in 2022, there was a question on the challenges of cooperative federalism. To answer effectively, understand the Constitutional framework, recent developments, and different perspectives on the issues. Also, use examples and case studies to support your arguments.