Day 6 – Q 2.What controls does the centre have over states? Examine in the light of relevant constitutional provisions.
2. What controls does the centre have over states? Examine in the light of relevant constitutional provisions.
राज्यों पर केंद्र का क्या नियंत्रण है? प्रासंगिक संवैधानिक प्रावधानों के प्रकाश में जांच करें।
Introduction:
Indian constitution provides for a federal form of government but with a unitary bias. There are certain provisions provided in the constitution, which proves this biasness and are used by Centre to control states.
Body:
The provisions can be divided into three:
- Administrative
- Legislature
- Judiciary
Administrative:
- Public service commissions – Even though the members are appointed by the governor, they are removed only by the President of India.
- Appointment of Governor – Head of the state is Governor, but is appointed and removed by the President. He even holds office during the pleasure of President.
- Emergency provisions – Under Article 352, 356 and 360, Centre assumes enormous powers and becomes unitary in form.
- Article 257 – The executive power of state shall be exercised in such a way that it does not impede executive power of union over state.
- Article 262 – Centre has the power to adjudicate disputes related to inter-state waters.
- Article 263 – The President establishes Inter-State Council when need arises or he feels public interests would be served by such council.
- Residuary powers – Centre has the residuary powers and state has no control over these.
- Schedule 7 – Under list system, union list has more than 100 subjects compared to states which have about 60 subjects.
- Schedule 5 & 6- The President has administrative control over schedule 5&6 areas.
- All India Services- As per Article 312, all members are appointed and removed only by the President.
Legislature:
- International agreements and treaties- Centre has the sole power to enter into international agreement concerning whole or any part of India.
- Resolution by Rajya Sabha- If Rajya Sabha passes a resolution by two-third majority, a subject is transferred from state list to concurrent list for one year.
- Inconsistency over laws- If there is any inconsistency over laws framed by Parliament and states, the laws framed by Parliament prevail.
- Article 3- Parliament, without consent or approval of state, can alter or change the name or boundaries of the state.
Judiciary:
- High court- All judges of high courts are appointed by the President and removed by the Parliament, where state has no role.
- Conditions of services of judges- Remuneration and other service conditions of judges of Supreme court and high court are determined by the Parliament.
Conclusion:
Indian Constitution lays stress on federal form of government. So both state and Centre should work as equal partners for betterment, growth and development of the country.
Best answer: Sumit
