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Centre State Relation

The document outlines the framework of Centre-State relations in India, covering legislative, administrative, and financial aspects, along with recent case studies illustrating these dynamics. It highlights issues such as over-centralization, the role of governors, and inter-state disputes, while also discussing trends towards cooperative federalism and demands for state autonomy. Key case studies include the Delhi government's control over services, West Bengal's refusal to implement the CAA, and disputes over GST compensation and water sharing.

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0% found this document useful (0 votes)
88 views3 pages

Centre State Relation

The document outlines the framework of Centre-State relations in India, covering legislative, administrative, and financial aspects, along with recent case studies illustrating these dynamics. It highlights issues such as over-centralization, the role of governors, and inter-state disputes, while also discussing trends towards cooperative federalism and demands for state autonomy. Key case studies include the Delhi government's control over services, West Bengal's refusal to implement the CAA, and disputes over GST compensation and water sharing.

Uploaded by

kajukatli1924
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as TXT, PDF, TXT or read online on Scribd
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1.

**Legislative Relations** (Articles 245–255)


- **Division of Powers**:
- **Union List (97 subjects)** – Only Parliament can legislate.
- **State List (66 subjects)** – Only State Legislatures can legislate.
- **Concurrent List (52 subjects)** – Both Parliament and State Legislatures
can legislate, but in case of conflict, the Union law prevails.
- **Residuary Powers**: Parliament has the power to make laws on subjects not
mentioned in any list (Article 248).
- **Parliament’s Power to Make Laws on State Subjects**:
- Under **National Interest** (Article 249) – Rajya Sabha resolution.
- During **Emergency** (Article 250).
- **With State Consent** (Article 252).
- **To Implement International Agreements** (Article 253).
- **Doctrine of Repugnancy** (Article 254): If a state law conflicts with a
Union law on the Concurrent List, the Union law prevails.

2. **Administrative Relations** (Articles 256–263)


- **Obligation of States and Union Control**:
- States must comply with Union laws (Article 256).
- Union can give directions to states (Article 257).
- **Centre’s Control Over State Legislation**:
- Governor may reserve a bill for President’s consideration (Article 200).
- President can impose **President’s Rule (Article 356)** if states fail to
follow Union directions.
- **Inter-State Councils (Article 263)**: To resolve inter-state disputes and
coordinate policies.

3. **Financial Relations** (Articles 268–293)


- **Division of Tax Revenues**:
- **Exclusive Union Taxes** (e.g., Customs, Corporate Tax).
- **Exclusive State Taxes** (e.g., Property Tax, Land Revenue).
- **Shared Taxes** (e.g., Income Tax, GST).
- **Grants-in-Aid (Article 275 & 282)**: Centre provides financial assistance to
states.
- **Finance Commission (Article 280)**: Recommends tax distribution between
Centre and States.

**Trends in Centre-State Relations**:


- **Over-Centralization**: States often complain of excessive central control.
- **Role of Governor**: Controversies regarding Governor acting as an agent of
the Centre.
- **Inter-State Water Disputes**: A major issue (Article 262).
- **GST & Economic Centralization**: Centre controls tax distribution under GST.
- **Recent Developments**: More demand for cooperative federalism and financial
autonomy for states.

**case studies and recent examples** related to **Centre-State Relations**


---

## **1. Legislative Relations**

### **Case Study: Government of NCT of Delhi v. Union of India (2023)**


- **Issue:** Whether the Delhi government has control over services (bureaucrats)
in the NCT.
- **Verdict:**
- The Supreme Court ruled that **Delhi's elected government has power over
services** except in areas like public order, land, and police (which remain with
the Centre).
- However, the Centre later passed an **ordinance** to override this judgment,
leading to friction between Centre and State.
- **Significance:**
- Highlights the Centre’s increasing control over Union Territories with
legislatures.
- Brings up issues of federalism and state autonomy.

---

## **2. Administrative Relations**

### **Case Study: West Bengal’s Refusal to Implement CAA (2023-24)**


- **Issue:** The Citizenship Amendment Act (CAA) was passed by Parliament, but
states like West Bengal refused to implement it.
- **Legal Angle:**
- As per Article 256, states must comply with Union laws, but there is **no
direct mechanism** to force them except President’s Rule (Article 356).
- **Significance:**
- Raises questions about cooperative federalism.
- Shows states’ resistance to laws that affect their political and demographic
landscape.

---

## **3. Financial Relations**

### **Case Study: GST Compensation Dispute (2020-2023)**


- **Issue:** States were promised compensation for GST revenue shortfall, but the
Centre delayed payments during COVID-19.
- **Conflict:**
- States demanded compensation under the **GST (Compensation to States) Act,
2017**.
- The Centre asked states to borrow funds instead.
- **Resolution:**
- After protests from multiple states, the Centre released GST dues in
installments.
- **Significance:**
- Shows states' financial dependence on the Centre.
- Highlights the need for reforms in **tax devolution and fiscal federalism**.

---

## **4. Governor’s Role in Centre-State Relations**

### **Case Study: Tamil Nadu Governor vs. State Government (2023-24)**
- **Issue:**
- The Tamil Nadu government accused the Governor of delaying assent to Bills
passed by the State Legislature.
- **Legal Angle:**
- Article 200: The Governor can **assent, withhold, or reserve** a Bill for
President’s consideration.
- Supreme Court (2024): Ruled that **Governors must act within a reasonable
time** and cannot delay indefinitely.
- **Significance:**
- Raises questions about **Governor acting as an agent of the Centre**.
- Highlights the **conflict between elected governments and appointed
Governors**.

---
## **5. Inter-State Disputes**

### **Case Study: Karnataka-Tamil Nadu Cauvery Water Dispute**


- **Issue:** Dispute over sharing **Cauvery river water** between Karnataka and
Tamil Nadu.
- **Legal Resolution:**
- **Cauvery Water Disputes Tribunal (1990)** awarded water distribution, but
conflicts continued.
- **Supreme Court (2018):** Modified the allocation.
- Centre formed the **Cauvery Water Management Authority** (CWMA), but Karnataka
has refused to release water in some years.
- **Significance:**
- Raises issues of **water federalism**.
- Highlights the **Centre’s limited power** in enforcing tribunal awards.

---

### **Recent Trends in Centre-State Relations**


🔹 **Rise in Judicial Intervention:** Courts are playing a key role in resolving
Centre-State conflicts.
🔹 **Demand for More Fiscal Autonomy:** States want a greater share in central
taxes.
🔹 **Role of NITI Aayog:** Shift from **Planning Commission (centralized model)** to
**cooperative federalism**.
🔹 **Political Federalism:** Many states oppose central laws (e.g., Farm Laws, CAA),
showing **growing state assertiveness**.

---

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