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STATE LEGISLATURE - VIDHANA SABHA AND VIDHANA PARISHAD:

COMPOSITION, POWERS AND FUNCTIONS

VIDHANA PARISHAD /LEGISLATIVE COUNCIL

India follows a bicameral system at both the centre and state level. Under this system, the state's
legislature is divided into two parts - Legislative Assembly or Vidhan Sabha and Legislative
Council or Vidhan Parishad. Members of the Legislative Assembly are directly elected by the
people through assembly elections. Vidhan Parishad or Legislative Council is a permanent body,
which can be formed or abolished when the Legislative Assembly passes a special [Link]
other words, the Legislative Council is the upper house of the state. Its institution is outlined in
Article 169 of the Constitution of India. A member of a legislative council is referred to as an
MLC.

Meaning:
The Legislative Council is the upper house in the bicameral legislature of some Indian states.
It is a permanent body, much like the Rajya Sabha at the central level. Not all states have a
Legislative Council — only a few do (like Uttar Pradesh, Maharashtra, Karnataka, Bihar, etc.).
Tenure:
∙ It is a permanent body and cannot be dissolved.
∙ One-third of its members retire every 2 years.
∙ Each member serves for a term of 6 years.
Eligibility to Become a Member:
To become a Member of the Legislative Council (MLC), a person must:
1. Be a citizen of India.
2. Be at least 30 years old.
3. Be mentally sound and not bankrupt.
4. Not hold any office of profit under the government.
5. Satisfy any other conditions laid down by State laws or the Representation of the
People Act.
Functions and Powers:
1. Legislative Powers
∙ Can introduce and revise bills (except Money Bills).
∙ Can delay an ordinary bill for 4 months.
∙ Cannot reject a bill passed again by the Legislative Assembly.
2. Financial Powers
∙ No power over Money Bills.
∙ Can discuss a Money Bill but must return it within 14 days.
 ∙ Cannot amend or reject Money Bills.
[Link] Powers
∙ Acts as a discussion forum on key issues and legislation.
∙ Often includes experienced members who provide constructive debate and review.
4. Administrative (Control) Powers
∙ Members can:
○ Ask questions
○ Discuss matters
○ Move motions
∙ Helps in checking the government's work, though cannot remove a ministry.
5. Advisory Role
∙ Gives suggestions and advice to the Legislative Assembly.
∙ Participates in committees for deeper scrutiny of bills.
Composition (Structure):
The total number of MLCs in a state cannot exceed 1/3rd of the Legislative Assembly's
strength, and not less than 40 in total (except Jammu & Kashmir).
🔹 Members are elected in this way:
Group Percentage Method
MLAs (Legislative
1/3 Elected by Assembly members
Assembly)
Local Bodies
1/3 Elected by local government representatives
(Municipalities, etc.)
Teachers 1/12 Elected by teachers of secondary schools and above
Graduates 1/12 Elected by university graduates
Nominated by the Governor – experts in literature, art,
Governor Nominations 1/6
science, social services.

Key points about the Legislative Council:

∙ Permanent Body: It is not subject to dissolution.

∙ Tenure of MLCs: Six years.
∙ Staggered Retirements: One-third of the members retire every two years.
∙ No Limit on Reelections: Members can continue to be re-elected.
∙ Structure: The Legislative Council is a bicameral legislature in states that have
one, acting as the upper house alongside the Legislative Assembly.
∙ Composition: One-third of the members are elected by the Legislative Assembly,
one-twelfth by teachers and graduates, one-twelfth by local bodies, and one-sixth are
nominated by the Governor.

VIDHANA SABHA/ LEGISLATIVE ASSEMBLY

Vidhan Sabha, also known as the Legislative Assembly, is the lower house of the State
Legislature in India. It is made up of MLAs (Members of Legislative Assembly) who are directly
elected by the people of the state.

FUNCTIONS OF VIDHANA SABHA:

* It is the main law-making body at the state level and plays a key role in:
* Making laws on state subjects,
* Controlling the state government,
* Passing the state budget, and
* Discussing issues affecting the state.

The Chief Minister and Council of Ministers are responsible to the Vidhan Sabha.

Composition of Vidhan Sabha

The Vidhan Sabha is the lower house (or the sole house in unicameral legislatures) of the State
Legislature in India.

a. Members (MLAs – Members of Legislative Assembly)

* Elected directly by the people of the state through general elections.

* Elections are held based on adult suffrage (18+ years).
* Each MLA represents a constituency.

The number of MLAs depends on the population of the state, but it cannot exceed 500 or be
less than 60 (Article 170).

Some smaller states like Sikkim, Goa, and Mizoram have fewer members due to their size.

b. Nominated Members

In some states, one member from the Anglo-Indian community may be nominated by the
Governor (this provision was abolished in 2020 via the 104th Amendment).

c. Term

Normal term: 5 years.

Can be dissolved earlier by the Governor (usually on advice of the Chief Minister or President's
Rule).

Powers of Vidhan Sabha

The Vidhan Sabha has powers in the following domains:

a. Legislative Powers
 * Can make laws on subjects in the State List and Concurrent List (under the Seventh
Schedule).
* Bills related to police, public health, agriculture, etc., originate here.

b. Financial Powers

* Controls the state budget.

* A Money Bill can only originate in Vidhan Sabha (not in Legislative Council if
present).
* Without its approval, no tax or expenditure can be levied or spent.

c. Control over Executive

The Council of Ministers (led by the Chief Minister) is collectively responsible to the Vidhan
Sabha.

It can pass a no-confidence motion, forcing the government to resign.

d. Electoral Functions:

* MLAs participate in the election of the President of India.

* They also elect members of the Rajya Sabha (Upper House of Parliament) representing
their state.

e. Constitutional Amendments

While most constitutional amendments are passed by Parliament, in some cases, ratification by
half the state legislatures (including Vidhan Sabha) is required.

3. Functions of Vidhan Sabha

Function Type : Description

Legislative: Makes state laws on subjects under State & Concurrent Lists.

Financial: Passes state budget; grants money to the government.

Executive Control: Keeps check on state government via questions, debates, and motions.

Electoral: Participates in elections of President, Rajya Sabha.

Deliberative: Discusses matters of public importance, policies, and administration.

QUALIFICATIONS:

To become a Member of the Vidhan Sabha (MLA) in India, a person must fulfill certain
qualifications set by the Constitution of India under Article 173. These qualifications are:
1. Age

* The candidate must be at least 25 years old.

2. Citizenship

* The person must be an Indian citizen.

3. Voter Registration

* The candidate must be registered as a voter in any of the constituencies in the state
where they are contesting the election.

4. Mental Fitness

* The person should not be declared to be of unsound mind by a court.

5. Criminal Record

The person should not be convicted of certain criminal offenses (such as serious crimes or
offenses involving moral turpitude) unless they have been granted a pardon or the conviction has
been overturned.

6. Other Disqualifications

A person will be disqualified from becoming a member if they hold an office of profit under
the Government of India or any State Government, except in specific cases allowed by law.

TERM:

The Vidhan Sabha, or the State Legislative Assembly, is the lower house of the State Legislature.
The term of the Vidhan Sabha is 5 years from the date of its first meeting, after which elections
are held to elect new members. However, the Governor of the state has the power to dissolve the
Vidhan Sabha before the completion of its 5-year term, under certain circumstances.

QUORUM:

The quorum of the Vidhan Sabha refers to the minimum number of members required to be
present in the house for it to conduct its proceedings and pass legislation. The quorum ensures
that decisions are made by a representative group of the elected members.

The quorum of the Vidhan Sabha refers to the minimum number of members required to be
present in the house for it to conduct its proceedings and pass legislation. The quorum ensures
that decisions are made by a representative group of the elected members.

Quorum for the Vidhan Sabha:

 The quorum of the Vidhan Sabha is one-tenth (1/10th) of the total number of members of the
Assembly.

For example, if the Vidhan Sabha has 100 members, at least 10 members must be present
for the house to conduct its business.

Importance of Quorum:

∙ Valid Proceedings: Without quorum, the proceedings in the Assembly cannot be

considered valid.
∙ Decision Making: The house cannot make decisions, pass bills, or carry out legislative
functions unless the quorum requirement is met.
∙ Quorum for Voting: A quorum is also required for voting on matters such as passing
laws or budget bills.

DIFFERENCE BETWEEN LEGISLATIVE ASSEMBLY AND LEGISLATIVE

COUNCIL:

Legislative Assembly (Vidhan Legislative Council (Vidhan Parishad)

Sabha)

Legislative Assembly refers to the Legislative Council is the upper house of the State Legislature.
lower house of the State Legislature

Direct election is the mode of The indirect election is the mode of electing members of Legislative
electing members of Legislative Council
Assembly

Members of the Legislative Members of Legislative Council are elected by state legislative
Assembly are directly elected by the assembly, local bodies etc.
people

Legislative Assembly members are Legislative Council members are elected for a term of 6 years.
elected by for a term of 5 years

Speaker is the presiding officer of Chairman is the presiding officer of Legislative Council
Legislative Assembly
Minimum age of membership in the Minimum age of membership in Legislative Council is 30 years
Legislative Assembly is 25 years

All the states in India have Only 6 states in India have Legislative Council – Andhra Pradesh,
Legislative Assembly Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh.

Maximum number of members is The number of members should be one-third of the total number of
500 and the minimum members are members in the Legislative Assembly. The number of members should
60 not be less than 40.

STATE EXECUTIVE

The State Executive is the part of the government in an Indian state that is responsible for
implementing laws and managing the day-to-day administration of the state. It consists of three
main components: the Governor, who is the constitutional head of the state and is appointed by
the President of India; the Chief Minister, who is the real head of the government and holds the
executive powers; and the Council of Ministers, who assist the Chief Minister in carrying out
government functions. While the Governor acts mostly on the advice of the Chief Minister and
the Council of Ministers, the actual power and decision-making lie with the Chief Minister and
the elected ministers. Together, they form the executive authority of the state.

GOVERNOR:

Meaning of Governor:
The Governor is the constitutional head of a state in India. Just like the President is the nominal head of
the country, the Governor is the nominal executive of the state. However, the real powers lie with the
Chief Minister and the Council of Ministers.
Appointment of Governor:
∙ Article 155: The Governor of a state shall be appointed by the President of India.
∙ The appointment is not based on an election.
∙ In practice, the Union Government (Prime Minister + Council of Ministers) recommends the
name, and the President appoints.
Qualifications of Governor (Article 157):
To be eligible for the position of a Governor, a person must:
1. Be a citizen of India.
2. Be at least 35 years of age.
3. Must not hold any office of profit under the Government of India or any state government.
Term of Office (Article 156):
∙ The Governor holds office for a term of 5 years.
∙ However, this is not a fixed term—the Governor holds office at the pleasure of the President.
∙ The Governor can:
 ○ Resign at any time by writing to the President.
○ Be removed by the President before the completion of the 5-year term.
A Governor can be reappointed and can continue in office even after the expiry of the term until a
successor takes charge.
Removal of Governor:
∙ No impeachment process like the President.
∙ The Governor can be removed by the President at any time.
∙ The Constitution does not specify any grounds or procedure for removal.
∙ This essentially gives the central government (through the President) full authority over the
Governor's tenure.
FUNCTIONS AND POWERS:

1. Executive Powers:

∙ Appoints the Chief Minister (usually the leader of the majority party).
∙ Appoints other ministers on the advice of the Chief Minister.
∙ Appoints key state officials like the Advocate General, State Election Commissioner, and
Chairman and members of the State Public Service Commission.
∙ Acts as the Chancellor of state universities (in most states).

2. Legislative Powers:

∙ Summons, prorogues, and dissolves the State Legislative Assembly.

∙ Gives assent to bills passed by the State Legislature.
∙ Can withhold assent, reserve bills for the President, or return non-money bills for
reconsideration.
∙ Addresses the first session of the State Legislature every year.
∙ Nominates one member from the Anglo-Indian community (before 104th amendment,
2020).

3. Financial Powers:

∙ Ensures the annual budget is laid before the State Legislature.

∙ Money Bills can be introduced in the Assembly only with the Governor's prior approval.
∙ Controls the Contingency Fund of the state.

4. Judicial Powers:

∙ Can grant pardons, reprieves, respites, or remissions of punishment under Article 161 (for
state laws).
∙ Appoints District Judges in consultation with the High Court.

5. Discretionary Powers:
 ∙ Used when the Governor is not bound by the advice of the Council of Ministers, such as:

[Link] a Chief Minister when no party has a clear majority.

[Link] President’s Rule under Article 356.

[Link] a bill for the President’s consideration.

Role and Position of the Governor

1. Constitutional Head of the State

∙ The Governor is the head of the state, like the President at the national level.
∙ All laws, orders, and actions are done in the Governor’s name.
∙ But real power is with the Chief Minister and Council of Ministers
2. Agent of the Central Government
∙ Since the President (central government) appoints the Governor, they act as a link between the
Centre and the State.
∙ Especially important when:
○ There's political crisis in the state
○ The Centre needs updates on state conditions

3. Guardian of the Constitution

∙ The Governor ensures the state government follows the Constitution.
∙ If the state breaks constitutional rules, the Governor can:
○ Send a report to the President
○ Recommend President's Rule under Article 356

4. Discretionary Authority (Independent Role)

The Governor can act without taking advice from the state government in some cases:
∙ Appointing CM when no party wins majority
∙ Dismissing a CM who lost majority
∙ Reserving a bill for the President
∙ Recommending President’s Rule

CHIEF MINISTER:

The Chief Minister (CM) is the head of the government in an Indian state. Appointed by the
Governor, the CM is typically the leader of the party or coalition that has a majority in the
Vidhan Sabha (State Legislative Assembly). While the Governor is the ceremonial head of the
state, the CM holds real executive power and is responsible for running the state government.
The CM leads the Council of Ministers, sets policies, and ensures their execution. The Chief
Minister plays a crucial role in formulating state-level decisions, managing the administration,
and representing the state in discussions with the Governor and other authorities. In essence, the
CM is the chief decision-maker in the state's political and administrative matters.
Appointment of the Chief Minister:
∙ Appointed by: The Governor of the state (Article 164).
∙ Who is appointed?
○ The leader of the majority party (or coalition) in the State Legislative Assembly.
○ If no party has a clear majority (hung assembly), the Governor uses discretion to choose
who is most likely to form a stable government.
∙ After appointment:
○ The CM must prove majority in the Assembly (floor test).
○ Then, CM recommends appointment of other ministers.

Qualifications to Become Chief Minister:

A person must:
1. Be a citizen of India 🇮🇳
2. Be at least 25 years old
3. Be a member of the State Legislature (either Legislative Assembly or Legislative Council, if the
state has one)
→ If not a member at the time of appointment, must get elected/nominated within 6 months
(Article 164(4))
4. Not hold any office of profit under the government
5. Not be of unsound mind, insolvent, or disqualified under any law

Term of the Chief Minister:

∙ No fixed term is mentioned in the Constitution.
∙ The CM holds office as long as they have the support (majority) in the Legislative Assembly.
∙ Normally, the term is 5 years (same as the Assembly), but:
○ Can end early if the CM loses majority
○ Can be reappointed any number of times (no term limit)

POWERS AND FUNCTIONS:

1. Executive Powers:

∙ Appoints Ministers: The CM appoints the members of the Council of Ministers, who help
in governance.
∙ Advises the Governor: The CM advises the Governor on various matters, including the
appointment of state officials.
∙ Oversees Administration: The CM ensures that the policies and decisions of the state
government are properly implemented.

2. Legislative Powers:

∙ Leads the Government: The CM is the leader of the majority party or coalition in the
Vidhan Sabha (State Legislative Assembly).
∙ Introduces Legislation: The CM and the Council of Ministers propose laws, including the
 state budget, to the legislature.
∙ Represents the State: The CM represents the state in the Assembly and communicates the
government’s decisions to the Governor.

3. Financial Powers:

∙ State Budget: The CM plays a key role in preparing and presenting the state budget to the
legislature.
∙ Revenue Decisions: The CM helps in determining and approving major financial
decisions like taxation and public spending.

4. Advisory Powers:

∙ Cabinet Decisions: The CM leads the Cabinet meetings, where key policy decisions are
made and approved.
∙ Advice to Governor: The CM gives advice to the Governor on various matters, including
appointments of officials and decisions related to the state’s administration.

5. Emergency Powers:

∙ Dissolution of Assembly: The CM, with the approval of the Governor, can recommend
the dissolution of the Vidhan Sabha (State Legislative Assembly) in case of political
instability. Imposition of President's Rule: In certain situations of political deadlock, the
CM may recommend the imposition of President's Rule in the state to the Governor.

Role and Position of Chief Minister

1. Real Executive Head of the State
∙ The Chief Minister (CM) is the actual head of the state government.
∙ While the Governor is the nominal (ceremonial) head, the CM holds real power.
∙ The CM leads the Council of Ministers, which makes and implements policies.
2. Leader of the Council of Ministers (Article 163 & 164)
∙ The CM is the chief advisor to the Governor.
∙ All ministers are appointed by the Governor on the advice of the CM.
∙ The CM decides:
○ Who will be ministers
○ Distribution of departments
○ Coordination between departments

3. Leader of the Legislative Assembly

∙ The CM is usually the leader of the majority party (or coalition) in the State Legislative
Assembly.
∙ Plays a key role in:
○ Framing government policies
○ Introducing bills
 ○ Answering questions and handling debates in the Assembly
4. Link Between the Governor and the State Government
∙ The CM communicates all decisions of the Council of Ministers to the Governor.
∙ Keeps the Governor informed about state affairs.
∙ Advises the Governor on summoning, proroguing, and dissolving the Assembly.
[Link] and Administrative Leader of the State
∙ Represents the face of the state government to the public.
∙ Leads during elections, crises, and major state decisions.
∙ Supervises the working of all departments and ministers.

STATE COUNCIL OF MINISTRY:

The State Council of Ministers is a group of ministers who assist the Chief Minister in the
governance and administration of a state in India. It is responsible for formulating policies,
making decisions on key state issues, and ensuring the execution of government programs. The
Council of Ministers is headed by the Chief Minister, who is the leader of the majority party in
the Vidhan Sabha (State Legislative Assembly). The ministers in the Council are appointed by
the Governor on the recommendation of the Chief Minister and are categorized into Cabinet
Ministers, Ministers of State, and Deputy Ministers based on their rank and responsibilities. The
Council of Ministers collectively makes decisions on the functioning of the state government,
while individual ministers are in charge of specific departments such as health, education, and
finance. The Council plays a vital role in shaping state policies and laws, ensuring their smooth
implementation, and providing leadership across different sectors of governance.

Powers of the State Council of Ministers:

∙ Policy Formulation: The Council of Ministers is responsible for formulating and

implementing the policies of the state government.
∙ Executive Powers: The ministers in the Council exercise executive powers in their
respective departments (e.g., health, education, finance).
∙ Advice to Governor: The Council advises the Governor on important issues like the
formation of policies and decisions related to the state’s administration.
∙ Decision-Making Body: The Council of Ministers makes collective decisions on
important matters such as legislation, state budget, and overall governance.

Functions of the State Council of Ministers:

∙ Formulation of Laws: The Council plays an essential role in drafting and introducing bills
in the State Legislative Assembly (Vidhan Sabha). Most bills passed by the Assembly are
initiated by the Council.
∙ Implementation of Government Policies: The Council ensures the execution of laws and
 policies, from economic programs to social welfare schemes, and monitors their impact
on the state's development.
∙ Cabinet Decisions: The Cabinet Ministers, as part of the Council, meet regularly with the
Chief Minister to discuss crucial issues, decide on government initiatives, and address
challenges in governance.
∙ Advisory Role: The Council advises the Chief Minister on various matters of state
governance and management. The Chief Minister takes these collective recommendations
to the Governor when required.
∙ Coordination Between Departments: Each minister in the Council oversees specific
departments (e.g., education, agriculture, health). The Council ensures smooth
coordination between these departments to achieve overall state goals.
∙ Budget Presentation: The Council, under the leadership of the Chief Minister, is
responsible for preparing and presenting the state budget in the Vidhan Sabha. The
budget is a key tool for managing the state’s finances and development programs.

Centre-State Relations
In the Indian federal setup, the Constitution divides the legislative, executive, and financial
functions between the Centre and the states. The Constitution established an integrated judicial
system to uphold federal and state laws.
The Centre-state relations cut across the following three subject matters
Legislative relations
Administrative relations
Financial relations
What are the Centre-state relations on legislative matters?
Part XI of the Constitution deals with the legislative relations between the Centre and the states
in Articles 245 to 255.
Distribution of Powers
Union List:The Union Parliament has exclusive powers to make legislation on the matters
included in the Union List.
State List:The State Legislatures have exclusive powers to make legislation on the matters
incorporated in the State List.
Concurrent List:Both the Centre and states can make laws on the subjects included in the
Concurrent list.
Article 248-The Residuary powers are given to the Centre, and the Parliament of India alone can
make legislation on the subjects not included in any of the above three lists.
Parliamentary Legislation in the State Field
Article 249 If the Rajya Sabha passes a resolution by a majority of two-thirds of its members
requesting Parliament to make law on a subject of State List.
Article 250 Parliament to make laws on any State List subjects during a national emergency.
However, the Parliament’s laws under this provision will cease to operate on the expiration of six
months of the emergency.
Article 252 If two or more States’ legislatures request Union Parliament through a resolution
to make a law on a particular subject mentioned in the State List.
Article 253 Parliament to make law for the whole or any part of India’s territory for
implementing any treaty, international agreement or convention with any other country.
Article 356 During the proclamation of President’s Rule in a State, the Union Parliament
makes the laws over the subjects included in the State List.
Centre’s Control Over State Legislation
Article 200 The Governor can reserve specific bills passed by the state legislature for the
consideration of the President of India.
What are the Centre-state relations on administrative matters?
Articles 256 to 263, Part XI of the Constitution, deal with administrative relations between the
Centre and the States.
Distribution of Executive Powers
Union Government-Executive power extends to all the subjects on which Parliament can make
laws
State Government-Executive power shall be exercised in conformity with the laws made by the
Union Parliament.
Centre’s directions to the States
Article 256 Every state’s executive power is to be exercised in such a manner as to ensure
compliance with the laws made by the Union Parliament.
Article 257 Control of the Union over States in certain cases.
Relation during emergencies
National emergency-The Centre has the executive power to direct any state regarding the manner
in which the executive power is to be exercised.
President’s rule-The Union Government can take direct control over State machinery. The
President (that means the central government) takes over any of the State Government’s
functions.
Public service commission
State public service commission-The Governor appoints the state public service commission’s
chairman and members, but only the president has the authority to remove them.
All Indian Services
Control of Centre and state control - The Centre has ultimate control over these services,
whereas states exercise immediate and relatively less control.
Other Provisions
Article 355 It shall be the duty of the Union to protect every State against external aggression
and internal disturbance.
Appointment of Governor The Governor of a State shall be appointed by the President by
warrant under his hand and seal. He holds office during the pleasure of the President.
Appointment of State Election Commissioner The state election commissioner is
appointed by the Governor but removed only by the President.
What are the Centre-state relations on financial matters?
Articles 268 to 293 contained in Part XII of the constitution deal with Centre-state financial
relations.
Allocation of Taxing Powers
Parliament and State legislature - The Parliament and State legislature have exclusive power to
levy taxes on subjects incorporated in the Union list and state list, respectively.
Residuary powers - The residuary power of taxation lies with Parliament only.
Grants-in-aid
Article 275(1) The Parliament can issue grant-in-aid of the revenues to such States as Parliament
may determine, and different sums may be fixed for different States.
Article 282 The Union or a State may make any grants for any public purpose.
Goods and Services Taxes
The Constitution (One Hundred and First Amendment) Act 2016 To change the tax structure
and introduce GST. Such an amendment can empower the Centre and the States to levy and
collect GST.
Finance Commission
Article 280 It provides for a Finance Commission as a quasi-judicial body. Its responsibility is
to recommend the sharing of taxes between them.
What are the issues pertaining to Centre-state relations in India?
Allocation of resources: There is often a dispute between the Centre and the states over the
allocation of resources, including funds, taxes, and other benefits.
Challenging Centre law: Kerala has filed a suit in the Supreme Court of India seeking to declare
the CAA as unconstitutional. Chhattisgarh has also filed a similar suit, challenging the
constitutional validity of the National Investigation Agency Act.
Misuse of article 356: It is said that Article 356 was nearly always employed for political
purposes rather than a real breakdown of the constitutional machinery. Different cases have been
seen in Arunachal Pradesh and then in Uttarakhand.
Office of Governor: The initial point of tension is that the Centre appoints the Governor as if
he/she is a representative of the Centre, and the Centre government has found in the office of the
Governor an effective instrument to recapture power for itself.
What measures can ensure harmonious Centre-state relations?
Sarkaria Commission, 1983 - The institution of All-India Services should be strengthened, and
more such services should be [Link] Union should occupy only that much field of a
concurrent subject on which uniformity of policy is needed and leave the rest for state action.
MM Punchhi Commission, 2007 - The scope of devolution of powers to local bodies to act as
institutions of self-government should be constitutionally defined through appropriate
[Link] Commission has recommended a fixed five-year tenure for Governors and their
removal only through impeachment by the state Assembly along the same lines as that of the
President by the Parliament.
National Commission to Review the Workings of the Constitution (NCRWC), 2000-In
accordance with Article 307, the Inter-State Trade and Commerce Commission should be
established as a legislative [Link] and disaster management should be covered in the
Concurrent List of the Seventh Schedule.
Other measures
Centre-state institutions: Institutions such as the Inter-State Council, Finance Commission, and
Niti Aayog need to be strengthened to ensure a smooth relationship between the Centre and
states.
Fiscal Federalism: Fiscal federalism ensures the distribution of resources between the Centre and
states in a fair and transparent manner. The Centre and states should work towards promoting
fiscal federalism to ensure equitable distribution of resources.
Revisit the seventh schedule: Some scholars have advocated further decentralization of the
Schedule by introducing a local government list.
Innovations at the state level: States are important repositories of innovation and change. Hence,
States should be encouraged to introduce such innovation.
Power-sharing: The Centre and states have to work together to ensure that power is shared
effectively and there is no concentration of power in one entity.
Cooperative Federalism
Cooperative federalism is a concept of a federal system of government in which the central
government and state governments work together to achieve common goals. Under this system,
both levels of government share responsibilities for policymaking and implementation, with the
central government taking the lead on certain issues and the states taking the lead on others.
○ Cooperative federalism is a horizontal relationship between the Centre and the states in
which they "cooperate" for the larger public interest, such as infrastructure development,
economic policies, social welfare, law & order, national security, disaster management,
etc.
○ Thus, It is a system of sharing power at the level of central and regional governments
within a sphere, where they coordinate each other while remaining independent in their
own subject matters.
Features of Cooperative Federalism
○ Division of powers between various levels
○ A written constitution
○ Rigidity of constitution
 ○ Dual government polity
○ Supremacy of the Constitution
○ Independent and Integrated Judiciary
○ Bicameralism

Importance of Cooperative Federalism in India

○ To achieve effective governance objectives.
○ To promote unity in diversity.
○ To protect the rights of states.
○ To better allocation of resources.
○ To encourage states for innovation.
○ To encourage states to improve their cleanliness and health.
To achieve effective governance objectives
By working together, the central and state governments can address issues that affect the entire
country more efficiently. This is particularly important in areas such as infrastructure
development, economic policies, and disaster management.
To promote unity in diversity
India is a diverse country with numerous languages, customs, and traditions. Cooperative
federalism allows for the integration of these diverse elements into a cohesive whole, as it gives
each state a say in national decision-making.
To protect the rights of states
Cooperative federalism ensures that state governments have a degree of autonomy and can make
decisions that are in the best interests of their residents. This protects the rights of states and
prevents the central government from becoming too powerful.
To better allocation of resources
Cooperative federalism ensures that financial resources are allocated fairly among the states.
This helps to reduce regional imbalances and promote development in all parts of the country.
To encourage states for innovation
Cooperative federalism allows states to experiment with different policies and programs, which
can lead to innovative solutions to problems. These solutions can then be shared with other states
and implemented on a national scale. Eg NITI Aayog
To encourage states to improve their cleanliness and health
Since 2016, the Ministry of Housing and Urban Affairs (MoHUA) has been conducting Swachh
Survekshan, the world's largest urban sanitation and cleanliness [Link] has played an
important role in establishing a culture of healthy competition and cooperation among
governments, towns, and cities in order to enhance service delivery to citizens and create cleaner
surrounding environments.
Cooperative Federalism and Articles of the Indian Constitution / Practice of
Cooperative Federalism in India
Cooperative federalism is established in various articles of the Indian Constitution, including
articles 245, 246, 261, 263, 280, 283, and others, in which the central government and state
governments cooperate to promote the welfare of the people.
NITI Aayog
○ The Aayog, which replaced the former Planning Commission, advocates a bottom-up
approach to development planning and aims to promote competitive federalism by
encouraging state/UT performance.
○ NITI Aayog promotes healthy competition among states through transparent rankings in
a variety of areas, as well as a hands-on approach.
○ Some of the indices or reports released by NITI Aayog include;
○ State Health Index
○ School Education Quality Index
○ Composite Water Management Index
○ Sustainable Development Goals Index
○ India Innovation Index
○ Export Competitiveness Index
○ Further, the Aayog also publishes delta rankings for the performance of Aspirational
Districts every month.
Inter-State Council and Zonal Council
○ The Inter-State Council should be established in accordance with Article 263 of the
Constitution in order to examine, discuss, and recommend methods for improving
cooperation between the Centre and the States.
○ The Prime Minister will serve as the Inter-State Council's chairman.
○ Zone Councils were formed as an extra-statutory institutional mechanism for intra- and
inter-state cooperation by the States Reorganization Act of 1956. Part III of the States Re-
organisation Act of 1956 established five Zonal Councils in India.
GST
○ The Indian Constitution's 101st Amendment Act established uniform taxes, known
as Goods and services tax(GST). It is a one-of-a-kind tax levied directly on consumers by
manufacturers to accomplish the "one nation and one tax" objective.
7th Schedule
○ The Constitution's Seventh Schedule contains three lists that distribute power between the
Centre and the states (Article 246).
○ Union list: It has 98 subjects, and the Parliament has sole legislative authority over them.
○ State list: It has 59 subjects, and the states alone can legislate.
○ Concurrent list: It has 52 subjects, and both the Centre and states can legislate.
○ However, in case of a conflict on the concurrent list, the law made by Parliament will
prevail (Article 254).
All India Services
 ○ The Constitution includes specific provisions to ensure the uniformity of administrative
services throughout India. These services are IAS, IPS, and IFos.
Full Faith and Credit Clause
○ Article 261(1) of the Indian Constitution deals with Public actions, documents, and
judicial proceedings of the Union and each State should be granted full faith and credit
throughout the territory of India.

Challenges Associated with Cooperative Federalism in India

○ Central Government Interference in State matters
○ Imbalance of power between Centre and State governments
○ Regional disparities between states
○ Fiscal autonomy of State governments
○ Administrative bottlenecks
○ Political polarization
Central Government Interference in State’s matters
○ In India, political interference in the functioning of state governments is a common
phenomenon. This interference can hinder the cooperative relationship between the
central and state governments and undermine the principles of cooperative federalism.
Imbalance of power between Centre and State governments
○ One of the biggest challenges in cooperative federalism is the imbalance of power
between the central government and the state governments.
○ The central government has more resources and authority, which sometimes leads to the
state governments feeling marginalized and unable to exercise their constitutional
powers.
Regional disparities between states
○ Regional disparity between states refers to a condition in which states are not similar in
terms of per capita income, consumption level, agricultural and industrial development,
food availability, employment, education, and infrastructure development.
○ Regional disparities in terms of economic development, infrastructure, and resources can
create challenges in cooperative federalism.
○ Regional disparities in development result in issues such as violent conflicts, unplanned
and unplanned migration, and so on.
○ The central government may focus more on developed states, leaving the less developed
states with fewer resources and opportunities.
Fiscal autonomy of State governments
○ State governments in India depends on the central government for funding, which often
limits their fiscal autonomy.
○ The central government can use fiscal power to influence the policy decisions of the state
governments, which can be detrimental to the spirit of cooperative federalism.
Administrative bottlenecks
 ○ Administrative bottlenecks and bureaucratic hurdles can delay the implementation of
policies and programs, which can undermine the effectiveness of cooperative federalism.
Political polarization
○ Political polarization can create challenges in cooperative federalism as it can lead to a
breakdown of communication and cooperation between the central and state
governments.

Measures to strengthen Cooperative Federalism

Institutional Measures
1. Strengthening Inter-State Councils
○ Revitalize the Inter-State Council (ISC) as a permanent, proactive body.
○ Regular meetings and follow-ups to resolve inter-state and Centre-state issues.
2. Reinforcing the Role of NITI Aayog
○ Expand its role beyond policy think tank to a platform for Centre-state
coordination.
○ Institutionalize bottom-up planning by involving states in the planning process.
3. Zonal Councils and Regional Forums
○ Increase frequency and effectiveness of Zonal Council meetings.
○ Use them as platforms to resolve regional issues and share best practices.
Legislative & Constitutional Measures
1. Clearer Demarcation of Powers
○ Avoid overlaps in the Concurrent List to minimize conflicts.
○ Use Article 263 to enhance coordination where jurisdictional overlaps exist.
2. Restricting Misuse of Article 356
○ Prevent unwarranted imposition of President’s Rule in states.
○ Strengthen safeguards as recommended by the Sarkaria Commission and Punchhi
Commission.
3. Greater Fiscal Autonomy
○ Ensure fair distribution of financial resources through the Finance Commission.
○ Avoid excessive conditionalities on central grants and schemes.
Financial Measures
1. Strengthening the GST Council
○ Foster consensus-building on tax issues.
○ Avoid unilateral decisions by the Centre to maintain mutual trust.
2. Timely Devolution of Funds
○ Ensure predictable and timely transfers of tax and grant-in-aid revenues.
○ Promote outcome-based disbursement aligned with state priorities.
3. Reducing Centrally Sponsored Schemes (CSS) Overreach
○ Allow states greater flexibility in implementing CSS based on local needs.
○ Increase untied funds for state-level innovation.
Administrative and Political Measures
 1. Improving Centre-State Bureaucratic Coordination
∙ Enhance joint training programs (e.g., through LBSNAA) for IAS officers from states
and Centre.
∙ Promote officer exchanges to build mutual understanding.
1. Coalition and Consensus Politics
∙ Encourage inclusive decision-making in national-level political forums.
∙ Respect for political diversity and autonomy of states.
1. Strengthening Local Governance
∙ Fully implement the 73rd and 74th Constitutional Amendments.
∙ Recognize that effective local governance reduces Centre-state tensions.
Technological and Digital Measures
1. Digital Platforms for Collaboration
∙ Use e-governance tools for real-time data sharing and collaborative decision-making.
∙ Platforms like PM Gati Shakti can be models for integrated planning.
1. Public Feedback Mechanisms
∙ Use digital tools for citizen feedback on inter-government programs.
∙ Encourage participatory governance across levels.