The relationship between the Union and the States in India is a complex one, structured under the framework of a federal system. The Indian Constitution establishes a quasi-federal system of governance, with a centralizing tendency. This system is laid down in Part XI (Articles 245–263) of the Constitution, which deals with the distribution of legislative, executive, and financial powers between the Union and the States. Though the Constitution provides for a division of powers, the balance between the Union and the States has been the subject of constant debate and has evolved through judicial interpretations, political realities, and legislative amendments.
1. Federal Structure with Unitary Bias
The Indian federal structure is often described as "federal in form and unitary in spirit." The Constitution provides for a dual polity, i.e., a Union at the Centre and States at the periphery. The Seventh Schedule of the Constitution divides legislative powers into three lists:
- Union List: Subjects on which only the Union Parliament can legislate.
- State List: Subjects on which only State legislatures can legislate.
- Concurrent List: Subjects on which both Union and State legislatures can legislate, but in case of conflict, Union law prevails.
While this distribution appears to establish a federal relationship, there are several features that make the Union more powerful than the States. For instance, Article 356 (President's Rule) gives the Union government the power to dismiss State governments and dissolve the State legislature, undermining the autonomy of States. Additionally, the power of assent to laws (Article 254) allows the Union government to override State laws under certain conditions, reinforcing the dominance of the Centre.
2. Legislative Relations
Though the Constitution divides legislative powers, the Union has a significant advantage. The Union Parliament can legislate on matters in the State List in the national interest under Article 249. This means that the Union can encroach upon areas traditionally within the domain of States. Moreover, the Concurrent List further complicates the distribution of powers, as the Union can make laws even on subjects that overlap with the States. The Union government’s power to impose laws on States in the concurrent list has sometimes led to tensions between the two.
3. Executive Relations
The executive power is distributed between the Union and States, with both having authority over their respective domains. However, the Union exercises a dominant role in matters of national importance. The All-India Services (such as the IAS and IPS) are under the control of the Union government, though they work at the State level. The Centre’s power over the All-India Services has often been criticized for limiting the States' authority over their own administration.
Additionally, the Governor of each State, who is appointed by the President of India, acts as the Centre's representative in the States. This appointment has raised concerns about the Centre's control over State administrations, especially in cases where the Governor is seen as politically aligned with the Union government.
4. Financial Relations
Financially, the Union government has substantial power over the States. The Union controls taxation and the distribution of funds through grants and the Finance Commission. While the Constitution mandates that a portion of taxes collected by the Union must be shared with the States, the Centre retains significant control over financial resources. The fiscal dependency of States on the Union has often been a point of contention, particularly when States seek more autonomy in financial matters or when the allocation of funds is perceived as unfair.
5. Judicial Relations
The judiciary in India, headed by the Supreme Court, plays a crucial role in interpreting and maintaining the balance between Union and State powers. The Supreme Court acts as the final arbiter in disputes between the Union and the States, as per Article 131. Over the years, the Supreme Court has often tilted in favor of the Union, reinforcing the unitary character of the Indian polity. Its decisions have sometimes led to the concentration of power in the Union government, especially in matters like the implementation of Union laws in the States.
6. Conclusion
The relationship between the Union and the States in India is an intricate balancing act, shaped by the need for both unity and diversity. While the Constitution provides for a federal system of governance, the unitary bias is evident in many aspects of the political structure. The Union government holds significant powers over the States, especially in matters of national importance, and the centralization of authority has often resulted in friction with State governments, particularly on issues of autonomy and financial resources. Despite the seemingly federal design, the Indian system operates with a dominant Union that frequently exercises control over State governments, and this has been a key point of tension in India’s federalism.
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