Analyze the Constitutional Amendments that affected India’s Union-State relations.
Examine the Constitutional Amendments which influenced Union-State relations in India.
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The Constitution of India has been amended numerous times since its adoption in 1950, with several amendments significantly influencing Union-State relations. Here are some key constitutional amendments that have shaped the distribution of powers between the Union and the States:
Seventh Amendment Act, 1956:
The Seventh Amendment Act was a landmark amendment that redefined the boundaries of states in India based on linguistic lines. It facilitated the reorganization of states along linguistic lines, leading to the creation of new states and union territories. This amendment addressed long-standing demands for linguistic states, thereby promoting linguistic diversity and cultural autonomy within the federal structure of India.
Fortieth Amendment Act, 1976:
The Fortieth Amendment Act sought to strengthen the authority of the Union government by enhancing its powers to legislate on matters related to the Concurrent List. It amended Article 248 and 249 of the Constitution to extend the Union's legislative competence over subjects in the State List during a proclamation of emergency. This amendment expanded the Union's jurisdiction during times of crisis, reinforcing the principle of federal supremacy.
Forty-Second Amendment Act, 1976:
The Forty-Second Amendment Act, often referred to as the "Mini-Constitution," made several significant changes to the Constitution, including those related to Union-State relations. It introduced the concept of "cooperative federalism" by emphasizing the partnership between the Union and the States in the governance process. The amendment also expanded the scope of the Concurrent List and curtailed the powers of the States by making several subjects exclusive to the Union List. Additionally, it amended Article 356 to impose stricter conditions for the invocation of President's Rule in states.
Eighty-Sixth Amendment Act, 2002:
The Eighty-Sixth Amendment Act inserted Article 21-A into the Constitution, making free and compulsory education for children between the ages of six and fourteen a fundamental right. While education is primarily a subject under the purview of the States (Entry 25 of the Concurrent List), this amendment reinforced the Union's role in ensuring universal access to education by providing for legislative and financial support to States.
Ninety-First Amendment Act, 2003:
The Ninety-First Amendment Act introduced provisions for reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Legislative Assemblies. It amended Articles 330 and 332 to increase the reservation of seats for Scheduled Castes and Scheduled Tribes in proportion to their population. This amendment reinforced the principle of affirmative action and social justice, empowering marginalized communities in the political arena.
One Hundred and First Amendment Act, 2016 (Goods and Services Tax – GST):
The One Hundred and First Amendment Act introduced the Goods and Services Tax (GST), a comprehensive indirect tax reform aimed at creating a unified market across India. It amended several provisions of the Constitution to empower both the Union and the States to levy and collect GST. This constitutional amendment marked a significant shift in fiscal federalism by streamlining the indirect tax regime and harmonizing tax administration between the Union and the States.
These constitutional amendments illustrate the evolving nature of Union-State relations in India, reflecting the country's commitment to federalism while also addressing the need for greater cooperation and coordination between the Union and the States in various policy domains.