What is Federalism and Centre-State Relations (Implied)?
Historical Background
Key Points
12 points- 1.
The Constitution of India divides powers between the Union and the States through three lists: the Union List, the State List, and the Concurrent Listexplanation (where both can legislate).
- 2.
The Union Listexplanation contains subjects on which the Parliament has exclusive power to make laws, such as defense, foreign affairs, and currency.
- 3.
The State Listexplanation includes subjects on which the State Legislatures have exclusive power to make laws, such as police, public health, and local government.
- 4.
The Concurrent Listexplanation contains subjects on which both the Parliament and the State Legislatures can make laws, such as education, criminal law, and economic planning.
- 5.
In case of a conflict between a law made by the Parliament and a law made by a State Legislature on a subject in the Concurrent List, the law made by the Parliament prevails.
- 6.
Article 246explanation deals with the subject matter of laws made by Parliament and by the Legislatures of States.
- 7.
The Finance Commissionexplanation, constituted every five years, recommends the distribution of tax revenues between the Union and the States. This is crucial for fiscal federalism.
- 8.
The Inter-State Councilexplanation, established under Article 263explanation, facilitates coordination and cooperation between the States and the Union.
- 9.
Emergency provisions (Article 352, 356, 360) allow the Union Government to assume greater control over the States in certain situations, potentially impacting the federal balance.
- 10.
The Governor of a State, appointed by the President, acts as a link between the Union Government and the State Government.
- 11.
The concept of cooperative federalism emphasizes that the Union and the States should work together as partners to achieve common goals.
- 12.
Competitive federalism refers to the idea that States should compete with each other to attract investment and improve their performance.
Recent Developments
7 developmentsIncreased use of centrally sponsored schemes, where the Union Government funds projects implemented by the States, sometimes leading to debates about State autonomy (2023).
Ongoing discussions about the Goods and Services Tax (GST) and its impact on the fiscal autonomy of the States.
The Union Government's emphasis on 'cooperative federalism' through initiatives like NITI Aayog.
Supreme Court judgments on various Centre-State disputes, clarifying the interpretation of constitutional provisions related to federalism.
Demands from some States for greater financial autonomy and a larger share of tax revenues.
Debates surrounding the appointment and role of Governors, particularly in States ruled by opposition parties (2024).
Increased focus on inter-state water disputes and the need for effective mechanisms for resolution.
