Centre-State Disputes

CENTRE-STATE DISPUTES 

Legislative Field

Introduction

1. Distribution of power tilted towards centre
2. 42nd amendment further tilted it by decreasing subjects in state lists
3. Even situations other then emergencies(system becomes unitary), centre has power to legislate on state list
1. Art  249
1. If RS passes a resolution that regarding certain subject of state list, Parliament can pass law, then Parliament can pass law in that respect
2. Resolution ends after one year
3. Majority of 2/3 is needed
4. Law ceases after 6 months of expiry of resolution 
2. Art  252
1. When two or more states pass a resolution in their house/s regarding delegating a function of state list to parliament, Parliament can make law
2. This law can be adopted by any third state if resolution is passed
3. This act can be repealed or amended by an act of Parliament and not of concerning states 
3. Art 253
1. Legislation for international treaty
2. Parliament has power to make laws for any territory to implement international treaty, agreement 
4. Art 201
1. Bill reserved for consideration
2. When governor reserves a bill for presidential assent, the president can give assent or withhold the assent
3. Not applicable for money bill
4. President can return the bill to the governor with or without any message
5. When returned, the house has to reconsider it within 6 months of return
6. When the bill is again passed, with or without amendment, it has to be again sent to the governor for reconsideration 
5. Concerns
1. Discretionary powers are arbitrarily used
2. Eg.- bill of Maharashtra govt on organised crime was passed but not of Gujarat govt
3. No time limit within which president has to take the decision
4. Hence no legislative federalism, depends on union executive

 

Administrative Sphere

1. Constitutionally, India is executive federation, but huge bargaining power with union govt
1. power of union to issue direction, punish in case of non-implementation
2. Art 365
   Failure to comply or implement direction of union govt
   when state govt doesn't implement direction given by union executive, president has the power to hold that the government in the state can't uphold constitutional provisions
   
   
3. Art 356
   Failure of constitutional machinery in state
   when on the report of governor, President is satisfied that governance can't be carried out in accordance with constitutional provisions, president can
   president can assume all powers of state other than legislative powers
   declare that legislative powers to be exercised by or under authority of parliament
   can suspend any provision of constitution relating to any body/authority in the state except working of HC
   such proclamation can be revoked by subsequent proclamation
   any such proclamation ceases to operate in two months if not passed by both houses of parliament
   if during these two months, Lok Sabha is dissolved, and the proclamation is passed by RS, within 30 days of first sitting of LS, it has to be passed 
   such proclamation ceases after six months
   to continue, proclamation has to be passed every six months
   no such proclamation shall remain in force for more than 3 years
   if during these 6 months, LS is dissolved, above procedure of 30 days has to be followed
   the proclamation for continuance of emergency shall not be passed beyond one year if
   proclamation of emergency is there in whole or any part of india
   when EC says that situation doesn't allow holding of election
4. Concerns
1. art 356 has been one of major reasons for rise in secessionist trend in JK, Punjab
2. Ambedkar assured assembly that provision will remain dead letter when concerns were raised
3. 195 times in 70 years
4. Majority till 1980s
5. Decline since 1990s
1. coalition govt at union
2. judicial activism
6. Janta party in 1977 and Indra Gandhi in 1980 dissolved the state govt on claim that since lost in centre, will loose in states
5. SC in SR Bommai case 1994
1. Federalism is basic structure
2. Guidelines wrt use of art 356
1. Although SC can't inquire into advice given by CoM but it can ask for material evidence on the basis of which any rational person can take the decision
2. Material evidence has to be 'speaking document'
3. Should be the last option
4. Assembly to kept suspended, no automatic dissolution
5. Even when parliament approves, it is open to judicial review
1. Courts can restore the assembly or the govt
2. E.g.- Arunachal Pradesh 2016: SC restored

 

Role of All India services

1. Colonial legacy
2. Undermines parliamentary democracy
1. Appointed and removed by union
2. CM can only suspend
3. Act as agent of centre
4. Instances when suspended officers are restored at same position by centre
5. Leads to politicisation of civil services
3. SC
1. Directed to constitute Civil Services Board
2. No such step taken
3. Court can take decisions on promotion, transfer, other disciplinary acts

 

Deployment of Union, Armed and Paramilitary Forces

1. Law and order is state subject
2. 42nd amendment: union can deploy forces in aid of civilian authorities of state govt
3. Art 355
1. Duty of union to protect state against external aggression and internal disturbances 
4. Concern is that there is Suo moto deployment
1. SC held  it is not violation of federalism
5. Power, privilege, immunity of such forces decided solely by centre
6. Union should involve states in consultation
7. Prakash Singh: the public order and state police should be brought in concurrent list since the law and order scenario has changed drastically since the time constitution was drafted.