Pariksha SaathiLesson 9 of 10 · Indian Polity and Constitution
Centre-State Relations, the Governor and Emergency Provisions
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Legislative relations
Part XI (Articles 245 to 263) and Part XII govern Centre-state relations. Article 246 divides subjects through the Seventh Schedule: the Union List (originally 97 subjects, such as defence, foreign affairs and railways), the State List (originally 66, such as police, public order and agriculture) and the Concurrent List (originally 47, such as criminal law, marriage and economic planning). The 42nd Amendment (1976) moved five subjects to the Concurrent List: education, forests, weights and measures, protection of wild animals and birds, and administration of justice. Residuary powers belong to Parliament (Article 248), as in Canada. In a conflict on a Concurrent subject, the Union law prevails unless the state law was reserved for and received the President's assent (Article 254).
Parliament on State subjects
Parliament can legislate on a State List subject when the Rajya Sabha resolves by two-thirds of members present and voting that it is in the national interest (Article 249, valid for one year at a time); during a national emergency (Article 250); when two or more states request it (Article 252), as for the Wildlife Protection Act 1972; to implement international agreements (Article 253); and during President's rule.
Administrative and financial relations
States must comply with Union laws and the Centre may give them directions (Articles 256 and 257). All-India Services under Article 312 include the IAS, the IPS and the Indian Forest Service (1966). Under Article 262 Parliament passed the Inter-State River Water Disputes Act 1956. In finance, Article 268 covers duties levied by the Union but collected by states, Article 269 taxes assigned to states, Article 269A GST on inter-state trade and Article 270 taxes shared between the Union and the states; Article 275 provides grants-in-aid and Article 282 discretionary grants. The 101st Amendment (2016) created the GST Council (Article 279A), chaired by the Union Finance Minister, where decisions need a three-fourths weighted majority, the Centre holding one-third of the weight and the states two-thirds.
Finance Commission and cooperative bodies
Under Article 280 the President constitutes a Finance Commission every fifth year or earlier, with a chairman and 4 members. It recommends how shared taxes are divided between the Centre and the states and among the states, the principles of grants-in-aid, and measures to augment state funds for panchayats and municipalities; its advice is not binding. The first, in 1951, was chaired by K.C. Neogy. An Inter-State Council under Article 263 was set up in 1990 on the Sarkaria Commission's advice and is chaired by the Prime Minister. The five zonal councils, chaired by the Union Home Minister, are statutory bodies under the States Reorganisation Act 1956.
The Governor and the state legislature
The Governor is appointed by the President (Article 155) and holds office during the President's pleasure (Article 156), normally for 5 years; the appointee must be a citizen aged at least 35 (Article 157). The oath is taken before the Chief Justice of the High Court, and B.P. Singhal (2010) held that a Governor cannot be removed arbitrarily. The Governor acts on the advice of the Council of Ministers headed by the Chief Minister (Article 163), except in discretionary matters such as reserving bills or reporting a breakdown of government; the Governor can issue ordinances (Article 213) and, under Article 161, grant pardons, reprieves, respites or remissions, or suspend, remit or commute sentences, for offences against laws on matters to which the state's executive power extends. Under Article 169 Parliament creates or abolishes a Legislative Council on the assembly's resolution passed by a special majority; a Council has at most one-third of the assembly's strength and at least 40 members (Article 171).
National emergency (Article 352)
The President can proclaim it if India's security is threatened by war, external aggression or armed rebellion; the 44th Amendment (1978) replaced internal disturbance with armed rebellion and required the Cabinet's written advice. Each House must approve it within one month by a special majority; it then lasts 6 months and can be renewed every 6 months without limit. The Lok Sabha can end it by a simple-majority resolution. During it, Parliament can legislate on the State List, Article 358 suspends Article 19 (for war or external aggression only), and Article 359 allows other rights to be suspended except Articles 20 and 21. It was proclaimed in 1962 (Chinese aggression), 1971 (war with Pakistan) and 1975 (internal disturbance).
President's rule and financial emergency
Under Article 356 the President may take over a state's government when satisfied that it cannot be carried on according to the Constitution. Parliament must approve within 2 months by simple majority; it lasts 6 months, renewable up to 3 years, but beyond one year only if a national emergency is in force and the Election Commission certifies that elections cannot be held. In S.R. Bommai (1994) the Court held that the proclamation is open to judicial review and that a majority must be tested on the floor of the House. Article 360 allows a financial emergency when India's financial stability or credit is threatened; approved within 2 months, it continues until revoked and allows cuts in salaries, including those of Supreme Court and High Court judges. It has never been proclaimed.
Key facts
- Seventh Schedule originally: Union List 97, State List 66, Concurrent List 47 subjects; residuary powers with Parliament (Article 248, idea from Canada).
- 42nd Amendment moved five subjects to the Concurrent List: education, forests, weights and measures, protection of wild animals and birds, administration of justice.
- Article 249: a Rajya Sabha resolution (two-thirds present and voting) lets Parliament legislate on a State List subject for one year at a time.
- Article 263: Inter-State Council, set up 1990 on the Sarkaria Commission's advice, chaired by the PM; zonal councils: States Reorganisation Act 1956, chaired by the Union Home Minister.
- Reviews of Centre-state relations: Rajamannar Committee (1969, set up by Tamil Nadu), Sarkaria Commission (1983), Punchhi Commission (2007).
- Finance Commission (Article 280): every 5 years, chairman + 4 members; the first (1951) was chaired by K.C. Neogy. GST Council (Article 279A, 101st Amendment 2016): chaired by the Union Finance Minister.
- Governor: appointed by the President (Article 155), minimum age 35, oath before the High Court Chief Justice; B.P. Singhal (2010) bars arbitrary removal.
- Legislative Council (Article 171): at most one-third of the assembly and at least 40 members; one-third elected by MLAs, one-third by local bodies, one-twelfth each by graduates and teachers, the rest nominated by the Governor.
- Approval of emergencies: national (352) within one month by special majority; President's rule (356) and financial emergency (360) within 2 months by simple majority.
- National emergency proclaimed in 1962, 1971 and 1975; President's rule first used in Punjab in 1951; financial emergency never; S.R. Bommai (1994) requires a floor test.
Quick revision
Arts 245-263 Centre-state; Seventh Schedule lists originally 97/66/47; residuary Art 248; Arts 249, 250, 252, 253 let Parliament legislate on State List; Art 254 repugnancy; Art 312 All-India Services; Art 262 water disputes; Art 263 Inter-State Council 1990; Finance Commission Art 280; GST Council Art 279A; Governor Arts 153-161; Legislative Council Arts 169, 171; emergencies Arts 352, 356, 360; 44th Amendment: armed rebellion; Bommai 1994.