Trend In Centre-state Relations
Introduction
Four distinct phases may be identified in the development of center-state relations, the first started in 1950 and lasted for 17 years, and the final started in 1989 and is still going. The Sarkaria Commission was established by the Indian government in 1983 to settle disputes between the Central Government and the State Governments. The architects of the Indian Constitution saw federalism as a useful tool for building a strong, cohesive nation-state and a powerful central government.
Four distinct time periods can be used to divide the study of this era:
• The First stage (1950-67)
• The Second phase (1967-77)
• The third stage (1977-89)
• The Final stage (1989-onwards)
Early Stage Developments In Centre-State Relations (1950-67) [Dominated By Center]
• The Party system was arguably the most major intervening factor that has a considerable impact on the operation of a federal political system during this phase, which was entirely dominated by the Center.
• At this time, the Congress party, led by the charismatic J.L Nehru, controlled both the federal government and the states.
• Conflicts in center-state relations were resolved internally at the leadership level.
• The Planning Commission and the National Development Council (NDC), both of which were established by executive resolutions, served as the Center's vehicles of state supremacy.
• The Planning Commission was responsible with overseeing social services that were all state-related, including industrial housing, education, healthcare, agriculture, cooperation, and social welfare.
• It was thought that the NDC would test cooperative federalism.
• The idea of dialogue, accommodation, and compromise for balancing opponents within the system was established by the Indian National Congress.
• As a result, both the role of Central mediation and the legitimacy of the provincial authority structure in managing its affairs are preserved.
• As a result, the central government dominated the states during the early stages of Indian Federalism, and some of them even ceded some of their authority to it.
• The States Reorganization Act created the Zonal Councils as consultative bodies to promote cooperative federalism in the formulation of normative laws pertaining to socioeconomic issues.
• Nonetheless, they were created within the framework of a system where the center ruled over the states.
Second Phase of Trends In Center-State Relations (1967-77) And 42nd Amendment To The Constitution
• The results of the fourth general election fundamentally altered the country's federal structure, cutting the Congress party's enormous central majority to a bare majority and handing over more than half of the Indian states to the opposition or coalitions.
• The nature of the interaction between the center and the states changed significantly as a result.
• This period was characterized by the rise in state aggressiveness and the center's demonstration of its real authority in reaction.
• The Congress party made an effort to retake political control by inciting defections and employing all possible methods, including Article 356.
• For instance, in the case of Rajasthan, the governor called for the imposition of the president's authority to stop a coalition of opposition parties from forming a government. The Assembly is now in recess. The Congress party, which eventually formed the government, was in charge of managing defections in the interim.
• Between 1967 and 1971, when the Union-state conflict peaked, the government went so far as to reject the claims of rights made by non-Congress state governments.
• The formation of local groups to fill the vacuum created by the defeat of the Congress party, however, was the most significant development during this period.
• Mrs. Gandhi took advantage of the Congress' dominance to fortify the center, and the contentious 42nd Amendment to the Constitution did the same at the expense of the states. The disastrous Emergency of 1975–1977 was the end result of this centralized course.
Third Phase of Trends In Center-State Relations (1977-89) [Sarkaria Commission]
• In the 1977 election that brought the Janata Party to office, the Congress lost the national government for the first time since independence.
• The Janata Party promoted the decentralization of political and economic power.
• The administration, however, claimed that the Congress-led state governments had lost the confidence of the populace as indicated by their performance in the 10th Lok Sabha elections and took this as its first action by dissolving nine of their state governments.
• Article 357(A), which permitted the federal government to use the army and paramilitary forces to deal with any significant law and order situation in the states, was likewise repealed by the 44th Amendment Act.
• Congress regained control after the 1980 midterm elections and ousted the Janta party governments in nine states using the same fictitious justification as its forerunner.
• Governments were created in many states, including Andhra Pradesh, Tamil Nadu, Karnataka, West Bengal, and others, by regional parties calling for further autonomy.
• The four southern states announced the creation of a regional council to support the push for further autonomy.
• The Sarkaria Commission was created to look into the center-state relationship as a result of everything said above.
• The Rajiv-Longwal pact and the Assam accord are examples of the Rajiv Gandhi administration's attempts to align with regional parties due to political necessity.
• In an effort to bypass state administrations, he also called a gathering of District Magistrates in an effort to consolidate his power.
• When he presented the Jawahar Rojgar Yojana and the Panchayati Raj Bill, he did the same way.
The Last Stage (1989-Onwards) (Period of Multiparty Systems)
• An important turning point in Indian politics occurred with the general election of 1989, which ushered in a new era of multiparty politics and set the country on the route to a stronger federal system.
• This election signaled the end of one-party dominance in the center and the beginning of a coalition government with the defeat of the Congress party.
• Regional parties started to have increasing influence at the federal level and constituted a significant portion of the federal cabinet.
• This movement towards increased federalism can be divided into three categories: Federalism in both the political and economic spheres.
Political Federalism
1. A fundamental shift in Indian politics began with the adoption of the multiparty system and hasn't stopped since.
2. Although no political party was able to obtain a clear majority in the center in the 1989 elections, coalition and minority governments have since become the norm.
3. Regional parties now play a significant role and are an essential component of every coalition cabinet.
4. Regional parties like the DMK in Tamil Nadu and the RJD in Bihar have publicly defended their interests over the previous 50 years of coalition and minority governments.
5. The coalition era has given regional leaders more power to shape policy and harmonize national priorities with their regional interests.
6. Despite the Congress' fall as the once-dominant party, the multiparty system that has taken its place as the dominant party has evolved a comparable institutional framework for resolving regional disputes within a national framework.
7. The conventional Westminster model, on the other hand, was marked by fragmentation and a weakening of the idea of common responsibility. The federal cabinet, on the other hand, has departed from this model.
Conflictual Issues In Centre-State Relations
• Administration of All-India Services (IAS, IPS, and IFS).
• Using electronic media for political purposes.
• Appointment of commissions to investigate the behavior of the chief ministers, financial cooperation between the center and the states.
• The State List's encroachment by the Centre.
• How governors are appointed and removed.
• Partisanship and discrimination by governors.
• The President's Rule being imposed for political reasons.
• State law and order are maintained by central forces stationed there.
• Discrimination in the distribution of public funds.
Committees
Administrative Reforms Commissions (ARC)
The Central Government established a six-member ARC in 1966, led by Morarji Desai, and it delivered its final report with 22 recommendations in 1969. The following are the most crucial suggestions:
• Inter-State Council formation in accordance with Article 263 of the Constitution.
• Appointment of governors who have extensive expertise in administration and public life as well as a nonpartisan attitude.
• Increasing the amount of money that is given to the states, reducing their reliance on the center.
Sarkaria Commission
The Central Government established a three-person commission in 1983, with S. Sarkaria serving as its chair. The following are the most crucial suggestions:
• Both the institution of All-India Services and the number of such services should increase.
• The state administration should be informed of the president's justifications when he declines to sign state legislation.
• A permanent Inter-State Council should be created in accordance with Article 263.
• The Centre should consult with the states before to passing legislation on a Concurrent List item.
• Without the consent of the states, the Center should be able to use its military forces. But it would be better if the states were involved.
Punchhi Commission
A commission headed by M. Punchhi was constituted by the Central Government in 2007, its reports were turned in in 2010. The following are the most crucial suggestions:
• Suggestions for the Sixth Schedule, the 73rd and 74th Amendments.
• Sharing resources and addressing environmental issues, notably in relation to rivers and minerals
• The state government must be informed within six months after the president's refusal to sign a state law bill and the reason for refusal.
• The person chosen to serve as governor must have stayed out of active politics for at least a few years before his appointment, not even at the local level.
• The constitution should be changed and the notion of pleasure should no longer apply to the position of governor. The Union government shouldn't have the authority to dismiss the governor.
Conclusion
In SR Bommai v. Union of India (1994), the Supreme Court decided that federalism is a component of the Constitution's fundamental structure. In contrast, many constitutional scholars refer to Indian federalism as a "federation without federalism," "a Union of Unequal States," or "Quasi-Federal in Character" because of the country's strong unitary propensity and, in particular, the way it has changed through time.