What is Centre-State Relations (Deployment of Forces)?
Historical Background
Key Points
12 points- 1.
The Union government can deploy its armed forces in any state, even without the state's consent, under certain circumstances.
- 2.
Article 355 of the Constitution imposes a duty on the Union to protect every state against external aggression and internal disturbance.
- 3.
The state government generally requests the Union government for assistance in maintaining law and order. However, the Union can act unilaterally in exceptional situations.
- 4.
The CRPF, BSF, and other central armed police forces (CAPFs) are commonly deployed in states to assist the local police.
- 5.
The deployment of forces should be proportional to the threat and should not unduly interfere with the state's administration.
- 6.
The state government retains control over the deployed forces, unless specific orders are issued by the Union government under exceptional circumstances.
- 7.
There is often debate about the extent of the Union's power to deploy forces without the state's consent, with some arguing it undermines federalism.
- 8.
The Inter-State Council is meant to provide a platform for discussing such issues and finding cooperative solutions.
- 9.
The deployment of forces can have significant political implications, especially when the ruling parties at the Centre and the state are different.
- 10.
The judiciary can review the legality and constitutionality of the Union's decision to deploy forces in a state.
- 11.
The use of Armed Forces Special Powers Act (AFSPA) in some states adds another layer of complexity to the deployment of forces.
- 12.
The National Disaster Management Authority (NDMA) can request for deployment of forces during disasters.
Recent Developments
10 developmentsIncreased deployment of central forces in Jammu and Kashmir following the abrogation of Article 370 in 2019.
Ongoing debates about the need for greater consultation between the Centre and states before deploying forces.
Several states have expressed concerns about the Union government's increasing assertiveness in deploying forces without their consent.
Supreme Court judgments have emphasized the importance of maintaining a balance between the Union's powers and the state's autonomy.
The use of technology, such as drones and surveillance equipment, is changing the way forces are deployed and managed.
Discussions on reforming the AFSPA to address human rights concerns.
Increased focus on training and equipping central forces for dealing with different types of security threats.
The rise of Left Wing Extremism (LWE) has led to increased deployment of forces in affected states.
The COVID-19 pandemic saw the deployment of forces to assist with enforcing lockdowns and providing essential services.
Some states are raising their own specialized forces to reduce reliance on central forces.
This Concept in News
1 topicsFrequently Asked Questions
121. What is the deployment of forces in the context of Centre-State relations, and what is its constitutional basis?
The deployment of forces refers to the Union government sending armed forces like the CRPF or BSF to a state, typically to maintain public order or assist the state government. The Constitution of India grants the Union government certain powers in this regard, balanced by the state's right to maintain order. Article 355 is often cited, outlining the Union's duty to protect states from internal disturbance.
Exam Tip
Remember Article 355 as the primary constitutional basis for the Union's power to deploy forces in states.
2. What are the key provisions related to the deployment of forces in Centre-State relations?
Key provisions include:
- •The Union government can deploy armed forces in a state even without the state's consent under certain circumstances.
- •Article 355 imposes a duty on the Union to protect every state against internal disturbance.
- •The state government generally requests assistance, but the Union can act unilaterally in exceptional situations.
- •CRPF, BSF, and other CAPFs are commonly deployed.
- •Deployment should be proportional to the threat and not unduly interfere with the state's administration.
Exam Tip
Focus on Article 355 and the balance between Union power and state autonomy.
3. How does the deployment of forces work in practice?
In practice, the state government usually requests the Union government for assistance in maintaining law and order. The Union government then assesses the situation and decides whether to deploy forces. However, in exceptional circumstances, the Union government can deploy forces unilaterally, even without the state's request or consent. The deployed forces then work in coordination with the state police to maintain order.
4. What are the challenges in the implementation of deploying forces in a state?
Challenges include:
- •Potential conflicts between the Union government and the state government over the need for deployment.
- •Concerns about the impact of central forces on the state's autonomy.
- •Coordination issues between central forces and state police.
- •Allegations of misuse of power by central forces.
5. What is the significance of the deployment of forces in Indian democracy?
The deployment of forces is significant because it reflects the balance between the Union's responsibility to protect the nation and the state's autonomy. It underscores the federal structure of India, where both the Union and the states have defined powers and responsibilities. It also highlights the importance of maintaining law and order for the functioning of democracy.
6. What are some recent developments related to the deployment of forces?
Recent developments include:
- •Increased deployment of central forces in Jammu and Kashmir following the abrogation of Article 370 in 2019.
- •Ongoing debates about the need for greater consultation between the Centre and states before deploying forces.
- •Several states have expressed concerns about the Union government's increasing assertiveness in deploying forces without their consent.
7. What reforms have been suggested regarding the deployment of forces in Centre-State relations?
Suggested reforms often focus on improving consultation and cooperation between the Centre and states. The Sarkaria Commission (1983-1988) suggested ways to improve cooperation and prevent misuse of power. Greater transparency and accountability in the deployment process are also frequently recommended.
8. What are the important articles related to the deployment of forces?
Important articles include:
- •Article 355, which imposes a duty on the Union to protect states against internal disturbance.
- •Article 246, which deals with the Union List, State List, and Concurrent List.
- •Article 263, which provides for the establishment of an Inter-State Council.
Exam Tip
Focus on Article 355, as it directly addresses the Union's responsibility regarding internal disturbances in states.
9. What is the role of the Armed Forces (Special Powers) Act (AFSPA) in the context of deployment of forces?
The Armed Forces (Special Powers) Act (AFSPA) is relevant in certain contexts where the Union government deploys forces to maintain law and order in disturbed areas. It grants special powers to armed forces in these areas. However, it is a controversial law and its use is often debated.
10. How has the deployment of forces evolved over time?
Before independence, the British government had complete control over provincial forces. After independence in 1947, the Constitution aimed to create a balance. Initial debates in the Constituent Assembly focused on preventing the Union from becoming too powerful and infringing on state rights. Over time, commissions like the Sarkaria Commission examined Centre-State relations and suggested ways to improve cooperation and prevent misuse of power.
11. What are common misconceptions about the deployment of forces in Centre-State relations?
A common misconception is that the Union government can deploy forces in a state whenever it wants, without any limitations. In reality, the Constitution aims to balance the Union's power with the state's autonomy. Another misconception is that the state government has no say in the matter. While the Union can act unilaterally in exceptional situations, the state government's consent is generally sought.
12. What is your opinion on the increasing assertiveness of the Union government in deploying forces without the consent of states?
The increasing assertiveness of the Union government in deploying forces without the consent of states raises concerns about the balance of power in the federal structure. While the Union has a responsibility to protect the nation, it is important to respect the autonomy of states and foster cooperation. Greater consultation and transparency in the deployment process can help address these concerns.