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Ramakant Sharma
Ramakant SharmaInk Innovator
Asked: February 19, 20242024-02-19T12:49:03+05:30 2024-02-19T12:49:03+05:30In: Political Science

Elaborate upon Centre-State legislative and administrative relations.

Explain the legislative and administrative relationships between the Center and the State.

BPSE-143
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    1. Ramakant Sharma Ink Innovator
      2024-02-19T12:50:25+05:30Added an answer on February 19, 2024 at 12:50 pm

      1. Introduction

      The Centre-State legislative and administrative relations in India are a crucial aspect of the federal structure outlined in the Constitution. This delicate balance of power between the central and state governments ensures effective governance and distribution of responsibilities. Understanding these relations involves examining both legislative and administrative dimensions, exploring the principles that guide their interaction.

      2. Legislative Relations

      2.1 Distribution of Legislative Powers

      The Constitution of India, under Articles 245 to 255, delineates the distribution of legislative powers between the Centre and the States. The Seventh Schedule categorizes subjects into three lists – Union List, State List, and Concurrent List. The Union List includes subjects exclusively under the jurisdiction of the central government, the State List enumerates matters under the sole authority of the state governments, and the Concurrent List consists of subjects on which both levels of government can legislate.

      2.2 Residuary Powers

      Article 248 and Entry 97 of the Union List grant residuary powers to the Centre, providing it with the authority to legislate on matters not explicitly covered in any list. This ensures that legislative gaps are filled, preventing jurisdictional conflicts.

      2.3 Federal Supremacy and State Autonomy

      While the Union List empowers the Centre with critical subjects such as defense and foreign affairs, the State List vests states with the authority to legislate on issues directly affecting them. Concurrent List subjects allow both levels of government to legislate, but in case of a conflict, the central law prevails. This concept of federal supremacy maintains unity and integrity while preserving state autonomy.

      3. Administrative Relations

      3.1 Administrative Division of Powers

      The administrative relations between the Centre and States are not explicitly outlined in the Constitution but are implied through various provisions. Articles 256 to 263 highlight the principles guiding these relations. The administrative division of powers is characterized by cooperation and coordination between the two levels of government.

      3.2 Role of Governor and President

      Governors, appointed by the President at the state level, act as the constitutional head of the state and serve as a link between the Centre and the State. Article 355 empowers the Union to ensure that the government in every state is carried on in accordance with the provisions of the Constitution.

      3.3 Inter-State Council

      To foster cooperative federalism, the Inter-State Council was established under Article 263. Chaired by the Prime Minister and consisting of Chief Ministers of States, Union Ministers, and others, it facilitates deliberations on matters of common interest between the Centre and the States.

      4. Issues and Challenges

      4.1 Tussle for Control

      Despite the constitutional framework, conflicts often arise regarding the extent of legislative and administrative control. States may argue for greater autonomy, leading to tussles over jurisdiction and resources. Striking the right balance becomes crucial to prevent centralization of power.

      4.2 Fiscal Federalism

      Financial relations play a pivotal role, and issues related to resource allocation and distribution often create challenges. The recommendations of finance commissions and the Goods and Services Tax (GST) attempt to address fiscal imbalances and ensure a fair distribution of resources.

      4.3 Coordination and Cooperation

      Effective Centre-State relations require a high degree of coordination and cooperation. Challenges may arise due to political differences, administrative inefficiencies, or lack of mutual trust. Strengthening institutions for better inter-governmental coordination becomes essential.

      5. Reforms and Solutions

      5.1 Constitutional Amendments

      Periodic amendments to the Constitution, such as the 101st Constitutional Amendment Act, have aimed at addressing certain issues. Continual review and amendments based on evolving challenges can contribute to a more robust federal structure.

      5.2 Strengthening Inter-Governmental Bodies

      Enhancing the role and effectiveness of inter-governmental bodies like the Inter-State Council can promote dialogue and understanding between the Centre and States. Regular meetings and collaborative decision-making can mitigate conflicts.

      6. Conclusion

      In conclusion, the Centre-State legislative and administrative relations form the backbone of India's federal structure. Striking a delicate balance between federal supremacy and state autonomy is essential for the effective functioning of the country. Addressing challenges through constitutional amendments, fiscal reforms, and strengthened inter-governmental mechanisms will contribute to a more harmonious and cooperative federal system, ensuring the democratic ideals envisioned by the framers of the Constitution.

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