Union-State Relations in India
India is a federal polity with a strong unitary bias. The Constitution of India establishes a dual polity consisting of the Union and the States. However, unlike traditional federations like the United States, the Indian federal structure allows for greater central control. The relationship between the Union and the State governments can be categorized into three broad areas:
1. Legislative Relations
Legislative relations between the Union and the States are defined in Articles 245 to 255 of the Constitution.
⦿ Three Lists in the Seventh Schedule: The Constitution divides subjects of legislation between the Union and the States through three lists:
- Union List (List I): Contains 97 subjects on which only the Parliament can make laws, such as defense, foreign affairs, and atomic energy.
- State List (List II): Contains 66 subjects, including police, public health, and agriculture, on which State legislatures have exclusive power.
- Concurrent List (List III): Contains 47 subjects, such as criminal law, marriage, and bankruptcy. Both the Union and the States can legislate on these subjects, but in case of conflict, Union law prevails under Article 254.
- Residuary Powers: Unlike in many federations, residuary powers in India rest with the Union (Article 248). Parliament can make laws on subjects not enumerated in any of the three lists.
- During Emergencies: The Union Parliament gains enhanced powers. It can legislate on subjects in the State List during national emergencies (Article 250), and the President can assume legislative powers of State legislatures under President's Rule (Article 356).
2. Administrative Relations
Administrative relations are detailed in Articles 256 to 263.
⦿ Distribution of Executive Power: The executive power of the Union and the States extends to their respective legislative domains. However, the Union can give directions to the States to ensure compliance with laws made by Parliament (Article 256).
⦿ Control by the Union: In specific cases, the Union has the power to direct the State governments:
- To maintain communication between the Union and the States (Article 257).
- During emergencies, the Union can take over the executive functions of the States.
⦿ All-India Services: Services like the Indian Administrative Service (IAS) and Indian Police Service (IPS) are common to both Union and States. This system strengthens Union control over administration.
⦿ Inter-State Council: Established under Article 263, it aims to promote cooperation and coordination between States and the Union. However, it plays only an advisory role.
3. Financial Relations
Financial relations between the Union and States are covered in Articles 268 to 293.
⦿ Distribution of Revenue: The Constitution provides for a clear division of tax powers:
- The Union can impose taxes like income tax (except on agriculture), excise duty, customs duty, and corporate tax.
- States can levy taxes on agricultural income, sales tax (now subsumed under GST), and land revenue.
⦿ Grants-in-Aid: The Union gives grants to States under Article 275 to support weaker states and specific purposes like tribal welfare.
⦿ Finance Commission: Under Article 280, the President constitutes a Finance Commission every five years to recommend the distribution of taxes and grants.
⦿ Goods and Services Tax (GST): Introduced by the 101st Constitutional Amendment, GST has restructured India’s indirect tax system. It is jointly managed by the Union and States through the GST Council.
Conclusion
India’s federal structure is unique — it combines the features of both a federation and a unitary state. While the States enjoy autonomy in various spheres, the Union government has overriding powers in legislative, administrative, and financial matters, especially during emergencies. This has led scholars to describe India as a "quasi-federal" or "federal with a strong unitary bias." Despite these centralizing tendencies, the Constitution also provides mechanisms for cooperative federalism, encouraging collaboration between the Union and the States to maintain national unity and integrity.
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