Constitutional Provisions about Indian Federalism and Centre-State Relations

        India is a diverse country and when we talk of diversity we need to understand that the diversity is in many areas, in terms of topography, climate, language, culture, religion, economic development etc. Each region has its own history with its own moments of glory and hence has got some sort of regional nationalism. However, despite this diversity, India is one country. Making adequate provisions for maintaining this unity in diversity was an important task before the founding fathers of the Constitution. India could neither be a centralized government like the United Kingdom nor could it be a federation of states like USA. Therefore, India was envisaged as a Union of States wherein both the Union and the States would have their own rights and responsibilities. However, as maintaining the unity of the country was the foremost consideration, the power arrangement was tilted in favour of the Union.  Some of the important constitutional provisions in this regard are as under:

Important Constitutional provisions

• Article I defines India as a Union of states.
• Article 2 & 3 empower the Parliament to admit new states or establish new states by uniting territories of two states or changing the boundaries or names of states. However, the bill to alter name, boundary and territory of any state shall not be introduced in the Parliament unless the same has been sent to the concerned state legislature for expressing its views.
• Article 153-155 provide that there shall be a Governor in each state who shall be appointed by the President. The executive power of the Government shall vest in the Governor.
• Article 169 empowers the Parliament to create or abolish Legislative Councils in a State if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting.
• Article 200 provides that any bill, which in the opinion of the Governor would endanger the constitutional position of High Court, shall be sent to the President for his assent.
• Article 246 provides that Parliament can make laws on the subjects under the Union List and Concurrent List. Similarly, state legislature can legislate on the subjects in the State list and Concurrent List.
• Article 249-250 empower the Parliament to legislate on the subjects enumerated in the State list in certain specific circumstances and during the period of national emergency.
• Article 252 also provides that if legislatures of two or more states ask the Parliament to make a law on such matters over which it does not have any power to legislate, the Parliament can legislate on such subject.
• Under Article 253, the Parliament can pass laws for implementation of an international treaty or agreement.
• Under Article 254, if there is an inconsistency between the law passed by the Parliament and that by a State legislature on a subject enumerated in the Concurrent list, law passed by the Parliament will prevail.
• Article 256 and 257 provide that the States shall exercise their executive powers in accordance with the laws made by the Parliament and the Union shall have the power to give necessary directions to the States on subject it may consider necessary including those for the construction and maintenance of means of communication and railways. However, any sum incurred in this regard will have to be paid by the Union.
• As per Article 258 and 258A, the Union can confer certain powers on states while states can transfer some of its functions to Union by mutual consent.
• Article 262 provides that Parliament can make laws for adjudication of disputes relating to use, control and distribution of waters in interstate rivers or river valleys.
• Article 263 empowers the President to set up an Inter State Council.
• Article 268 provides for certain duties to be levied by the Union but collected and appropriated by the States, while Article 269 provides for certain taxes levied and collected by the Union but assigned to the states. Article 270 provides for certain taxes levied and to be distributed between the Union and the States.
• Article 275 provides for such grant-in-aids to the states as the Parliament may determine.
• Article 280 provides for setting up a Finance Commission every five years to decide the modalities of revenue sharing between the Union and the States.
• Article 312 provides for establishment of All India services while Article 315 provides for establishment of Union and State Public Service Commissions.
• Article 352-355 empower the Government to proclaim emergency in times of threat to the country by war, external aggression or armed rebellion. During this period, the Union will have powers to give directions to the State or make appropriate legislation.
• Article 356 empowers the President to take up the functions of the State Government and authorize the Parliament to take up the functions of state legislature if the Governor of the State submits a report regarding failure of constitutional machinery in the state.

Inter State Council

As per Article 263 of the Constitution, the President is empowered to form an Inter State Council. The Council was formed on 28 May 1990. The Council is a recommendatory body for discussing and investigating matters of common interest of some or all states or states and the Union. The Council is chaired by the Prime Minister and includes Chief Ministers or Heads of Government of State and Union Territories and six Cabinet Ministers nominated by the Chairman as members. Standing Committee of the Council was constituted in the year 1996 for continuous consultation and processing of matters for the consideration of the Council. Standing Council is chaired by the Union Home Minister and presently has six  Union Ministers and nine Chief Ministers as members.

Finance Commission

        Article 280 of the Constitution provides for setting up of a Finance Commission every five years which shall comprise of a Chairman and four members. 14^th Finance Commission was set up on 2^nd January, 2013 for making recommendations for distribution of tax proceeds between the Union and the States, the principles which should govern grant-in-aid and the measures needed to augment the Consolidated Fund of the State for next five years commencing from 1^st April, 2015. The 13^th Finance Commission submitted had submitted its report in December, 2009. Among other things the Commission recommended that State share in the net proceeds of shareable central taxes shall be 32%. Apart from this the Commission also recommended grant-in-aid to various states amounting to Rs.3,18,581 crores.

All India Services

       In our constitutional arrangement, where the Union and the States have their own rights and authority, it is important that there is uniformity in the administrative procedures being followed in the country. This was sought to be achieved through the All India Services. As mentioned above, Article 312 of the Constitution of India provides for establishment of these Services. All India Services are different from the Central Civil Services. While members of the Central Civil Services are recruited by and work under the Government of India, members of All India Services are appointed by the Government of India through Union Public Service Commission. Ministry of Home Affairs is the cadre controlling authority for IAS and IPS while for IFS, cadre controlling authority is the Ministry of Environment & Forests. After appointment, members of these services are allocated to various states or groups of states and are borne on these state cadres. Union territories are also included in these cadres. Although members of these services also work on various posts of Central Government, they are still a part of the state cadre and work under Central Government through a policy called Central Staffing Scheme as per which officers from different state cadres work on posts in Central Government for certain period of their service. Presently there are three All India Services. Indian Administrative Service (IAS), Indian Police Service (IPS) and Indian Forest Service (IFS).