Administrative Relations Between Centre And States
Introduction
Part XI of the Constitution deals with administrative ties between the Center and the States in Articles 256 to 263. The Indian Constitution establishes a federal structure based on the idea of the separation of powers. This implies that the center and the state’s share all the rights granted by the constitution, including the legislative, executive, and financial powers.
Three areas of study can be used to analyze center-state relations:
• Legislative Relation
• Administrative Relation
• Financial Relation
Administrative Relation of the Centre-State:
• The entire nation is covered under the Executive Authority of the Centre. A state's executive authority extends to issues that fall under the state legislature's exclusive purview.
• The executive power belongs to the states in cases when both the Parliament and the state legislatures have legislative authority, unless a Constitutional clause or parliamentary act expressly grants it to the Centre.
• The executive power belongs to the states when it comes to matters on which both the Parliament and the state legislatures have the ability to pass legislation (i.e., the subjects listed in the Concurrent List), unless a constitutional provision or a parliamentary law expressly grants it to the Center.
• Hence, unless otherwise specified by the Constitution or the Parliament, a legislation on a concurrent subject, even though it was passed by the Parliament, must be carried out by the states.
Direction To The States:
The Centre is able to direct states on how to use their executive powers in the following areas:
• The development and upkeep of communication infrastructure by the government.
• Providing the necessary infrastructure so that elementary school students from the state's linguistic minorities can receive education in their home tongue.
• The creation and execution of specific programs for the state's Scheduled Tribes' welfare.
• The coercive sanction underpinning the Core Directions under Article 365 also applies in some circumstances.
Related Issues:
• There is an imbalance in the distribution of legislative power between the federal government and the states.
• As a result, neither the Center nor a single state may request that Parliament approve legislation on a matter that pertains to them. Generally speaking, the distribution of executive and legislative power is the same.
• Nonetheless, such a clear division within the executive branch may occasionally lead to conflicts between the two. In order to lessen rigidity and prevent impasses, the Constitution permits interstate delegation of executive responsibilities.
Partnership Between The Center And States:
• The Parliament has the authority to rule on any dispute or grievance relating to the usage, distribution, or management of the waters of any interstate river and river valley.
• In accordance with Article 263, the President may establish an Inter-State Council to investigate and debate issues of shared concern to the Center and the States. Such a council was founded in 1990.
• All public acts, records, and judicial proceedings of the Centre and of each State shall be given full faith and credit throughout India.
• The Constitution contains provisions relating to interstate trade, commerce, and intercourse, and the Parliament has the power to designate an appropriate authority to carry those provisions out.
Obligations of The Center And The States:
(a) In order to give the Centre enough leeway to exercise its executive power without restriction, the Constitution places two restrictions on state executive power.
(b) Hence, every state's executive power must be used in a way that:
o Ensures adherence to all applicable local laws and the legislation of Parliament.
o Does not prevent or hinder the Center from exercising executive power in the state.
(c) Whereas the latter places a specific obligation on the state to not block the Center's executive power, the former places a general need on the state.
(d) Thus, Article 365 provides that the President may declare that a situation has arisen in which the state's administration cannot be carried out in accordance with the Constitution's provisions if a state refuses to comply with any instructions issued by the Centre.
(e) That means, in this situation, Article 356 may be invoked to establish the President's rule in the state.
All India Services:
• The Central and State Services, which are provided by the Center and the states separately, are both public services.
• Other all-India services exist, including IAS, IPS, and IFS. These services are jointly managed by the Center and the states.
• State governments continue to have direct control, but the federal government still has the last say.
• Article 312 of the Constitution permits the Parliament to create new All-India Services on the basis of a Rajya Sabha resolution.
Public Service Commission:
The Centre-state relationship with regard to public service commissions is as follows:
• The President alone has the authority to dismiss the Chairman and members of a state public service commission, despite their appointment by the state's governor.
• Parliament may establish a Joint State Public Service Commission for two or more states upon the request of the state legislatures. The JSPSC chairman and members are chosen by the president.
• The Union Public Service Commission can meet a state's demands upon request from the governor and with the president's approval.
• In order to create and implement joint recruiting plans for any services that require candidates with certain qualifications, the UPSC works with the states.
Integrated Judicial System (Ijs):
• A system with many jurisdictions is the Integrated Judicial System (IJS).
• India has a dual polity, but there is no dual system of justice administration there.
• The judges of a state high court are chosen by the president in consultation with the Chief Justice of India and the governor of the state. The president has the authority to transfer and dismiss them.
• Parliament has the authority to create a common high court for two or more states.
Relationships In Times of Emergency:
• The Centre has the power to give executive instructions to a state on any matter during a national emergency (as described by Article 352).
• When a President's Rule is imposed by the state (under Article 356), the President can take over the duties of the state government and the authority granted to the governor or any other executive authority in the state.
• The Centre may order states to follow certain financial propriety rules and issue other necessary directives during a financial emergency (under Article 360), such as lowering state employees' salaries.
Conclusion
The objective of the Indian Constitution is to establish either cooperative or collaborative federalism. In order to maintain the effectiveness of local government, the States are given some autonomy through the division of powers between the Center and the States. The Centre exercises its control over the States concurrently in order to maintain equilibrium.