Discuss The Legislative Relationship Between Center-State in india

The legislative relationship between the Center and the States in India is a crucial aspect of the country’s federal system. The division of legislative powers between the Union (Central) government and the State governments is outlined in the Constitution of India, primarily in Articles 245 to 255 and the Seventh Schedule. This division ensures a balance between central authority and state autonomy, allowing both levels of government to function effectively within their jurisdictions.

Key Features of Center-State Legislative Relations

1. Division of Legislative Powers (Seventh Schedule)

The Constitution divides the subjects of legislation between the Center and the States through three lists in the Seventh Schedule:

a. Union List: – The Union List contains subjects on which only the Parliament (Central government) can legislate. This list includes matters of national importance, such as defense, foreign affairs, atomic energy, railways, and banking. – There are 100 subjects in the Union List.

b. State List: – The State List contains subjects on which only the State Legislatures can legislate. These matters are of local or regional importance, such as police, public health, agriculture, and local governments. – There are 61 subjects in the State List.

c. Concurrent List: – The Concurrent List includes subjects on which both the Parliament and the State Legislatures can legislate. In case of a conflict between Union and State laws on any Concurrent List subject, the law made by the Parliament prevails, as long as it does not contradict a pre-existing state law on the subject unless it receives the President’s assent. – There are 52 subjects in the Concurrent List, including education, criminal law, marriage and divorce, and bankruptcy.

2. Residual Powers

• Any subject that is not explicitly mentioned in any of the three lists falls under residuary powers. In India, the Parliament holds the residuary powers, meaning that it has the exclusive authority to legislate on subjects not covered in the Union, State, or Concurrent lists. For example, issues like cybercrime and internet regulation fall under this category.

3. Extent of Laws (Article 245)

• Article 245 of the Indian Constitution outlines the extent of laws made by the Parliament and State Legislatures:
  • The Parliament can make laws for the whole or any part of India.
  • The State Legislature can make laws for the whole or any part of the state.
  • However, a law made by Parliament can be applied outside India if it pertains to matters of international concern or issues that affect the whole country.

4. Inconsistency Between Union and State Laws (Article 254)

• In the case of conflicts between Union and State laws on subjects in the Concurrent List, Article 254 resolves the issue:
  • If a State law conflicts with a Union law on a subject in the Concurrent List, the Union law prevails.
  • If a State law contradicts a Union law but has received the President’s assent, the State law prevails in that state, unless the Union Parliament subsequently amends or repeals the State law.

Situations Where the Center Can Legislate on State Subjects

Although the State List is generally under the purview of state legislatures, there are exceptional circumstances where the Parliament can legislate on subjects in the State List:

1. National Interest (Article 249)

• Article 249 allows the Parliament to legislate on a matter in the State List if it is in the national interest. The Rajya Sabha (Council of States) must pass a resolution by a two-thirds majority stating that it is necessary in the national interest for the Parliament to make laws on a State List subject. The resolution is valid for one year and can be renewed.

2. Emergency Provisions (Article 250)

• Under Article 250, during a national emergency (under Article 352), the Parliament acquires the power to legislate on subjects in the State List. The laws made during the emergency remain effective until six months after the emergency is lifted.

3. Agreement Between States (Article 252)

• Article 252 allows Parliament to legislate on State List subjects if two or more states consent to it. The law made by Parliament will apply only to those states that requested it but can be extended to other states with their consent.

4. Failure of Constitutional Machinery in a State (Article 356)

• If a state government cannot function according to constitutional provisions, the President can impose President’s Rule under Article 356. During this time, the Parliament can legislate on subjects in the State List for that state.

5. Implementation of International Agreements (Article 253)

• Article 253 gives the Parliament the authority to make laws on any subject (even in the State List) for implementing international treaties, agreements, or conventions.

Mechanisms for Coordination Between Center and State

India’s federal system requires cooperation between the central and state governments. Several mechanisms facilitate coordination:

1. Inter-State Council (Article 263)

• The Inter-State Council is established under Article 263 to investigate and discuss issues of common interest between the Center and the States or among States themselves. It acts as a platform for consultation and coordination between the two levels of government.

2. Finance Commission (Article 280)

• The Finance Commission is a constitutional body that recommends how tax revenues should be divided between the Center and the States. It ensures a fair distribution of resources and addresses financial imbalances between states.

3. NITI Aayog

• The NITI Aayog (National Institution for Transforming India), which replaced the Planning Commission, works as a think tank and promotes cooperative federalism by involving states in the decision-making process and coordinating on national development plans.

4. Zonal Councils

• Zonal Councils are statutory bodies that facilitate cooperation and coordination between states and the central government. There are five Zonal Councils in India, each representing a different geographical region of the country.

5. GST Council

• The Goods and Services Tax (GST) Council is a notable example of cooperative federalism, where both the central and state governments collaborate to make decisions on GST-related matters. It is composed of representatives from both levels of government and is empowered to make decisions on tax rates, exemptions, and other policy issues related to GST.

Recent Trends in Center-State Legislative Relations

In recent years, there has been a noticeable shift toward greater centralization in certain areas, driven by economic reforms, emergency situations, or political factors:

1. GST Implementation (2017):
   • The introduction of the Goods and Services Tax (GST) was a significant shift in the Indian federal system. It replaced many indirect taxes levied by both the central and state governments with a unified national tax structure. While the GST Council represents cooperative federalism, some states have argued that the reform reduced their fiscal autonomy.
2. Increasing Use of Article 356:
   • The use of President’s Rule under Article 356 has been a controversial tool in center-state relations. Though its misuse was curtailed by the Supreme Court’s ruling in the S.R. Bommai case (1994), concerns remain about its use in certain political situations, such as the imposition of President’s Rule in Arunachal Pradesh (2016) and Maharashtra (2019).
3. Abrogation of Article 370 (2019):
   • The removal of Article 370 and the bifurcation of Jammu and Kashmir into two Union Territories marked a significant shift in the legislative relationship between the Center and the region. This move effectively placed Jammu and Kashmir under central control and reduced its legislative powers.
4. National Emergency and Pandemic Responses:
   • The COVID-19 pandemic showcased the need for coordinated center-state efforts, but also revealed tensions, especially regarding the allocation of resources, medical supplies, and vaccine distribution. The use of central laws like the Disaster Management Act gave the central government more control over certain state functions during the crisis.

Conclusion

The legislative relationship between the Center and the States in India is a delicate balance of powers aimed at maintaining unity while respecting regional autonomy. The Seventh Schedule provides a clear division of powers, but flexibility exists for the central government to legislate on state matters under specific conditions. Mechanisms like the Inter-State Council, NITI Aayog, and GST Council ensure cooperation between the two levels of government. However, recent trends indicate a growing centralization of power, raising questions about the evolving nature of federalism in India.