Module – 5

Relations between the Union and the States, legislative relation, administrative relation,
financial Relations, Inter State council, finance commission.
Emergency provision, freedom of trade commerce and inter course, comptroller and
auditor general of India, public Services, public service commission, administrative
Tribunals.
Official language, elections, special provisions relating to certain classes, amendment of
the Constitution.
• The Indian model of federation is called ‘Quasi-Federal system’

• The residuary powers are assigned to the Union. (similar to Canadian system)

• Union has power to exercise control over the legislature of the states. The
legislation can be disallowed by the President if they please.

• No state has power to determine its own constitution.

• The states need not be always consulted for the amendment of the constitution.
(can be done by the Parliament by special majority).
• The Union is indestructible, but the States are not. The Parliament can
reorganise the states or their boundaries by simple majority.

• No state can leave the federation.

 Relations between the Union and the States
(Centre-State Relations )
• The Constitution of India divides all powers (Legislative,
Executive and Financial) between the Centre and the states.
• The Centre-state relations can be studied under three
heads:
1. Legislative relations.
2. Administrative relations.
3. Financial relations.
 LEGISLATIVE RELATIONS
• Articles 245 to 255 in Part XI of the Constitution deal with the
legislative relations between the Centre and the states.
• There are four aspects in the Centre-states legislative
relations:
1. Territorial extent of Central and state legislation;
2. Distribution of legislative subjects;
3. Parliamentary legislation in the state field;
4. Centre’s control over state legislation.
[Link] extent of Central and state legislation

245. Extent of laws made by Parliament and by the Legislatures of

States.

Subject to the provisions of this Constitution, Parliament may make

laws for the whole or any part of the territory of India, and the
Legislature of a State may make laws for the whole or any part of the
State.
 2. Distribution of Legislative Subjects(Article 246)

• The Constitution provides for a three-fold distribution of

legislative subjects between the Centre and the states:
1. List-I (the Union List)
2. List-II (the State List)
3. List-III (the Concurrent List)
• At present, there are 100 subjects in the Union list which includes subjects such as
foreign affairs, defense, railway, postal services, banking, atomic energy,
communication, currency etc.

• At present, there are 61 subjects in the State list. The list includes subjects such as
police, public order, roadways, health, agriculture, local government, drinking
water facilities, sanitation etc.

• At present, there are 52 subjects in the concurrent list. Both, the Central and the
state governments can make laws in the Concurrent List.) Subjects such as
education, forest, trade unions, marriage, adoption, succession, education,
protection of wild animals and birds, electricity, labour welfare, criminal law and
procedure, civil procedure, population control and family planning and drugs
which contains subjects of common interest to both the Union as well as the
States.
• The Parliament has exclusive powers to make laws with respect to any of the
matters enumerated in the Union List. (Defence, banking, foreign affairs,
currency etc.,)

• The state legislature has “in normal circumstances” exclusive powers to make
laws with respect to any of the matters enumerated in the State List. (Public
order, police, public health and sanitation, agriculture, etc.,)

• Both, the Parliament and state legislature can make laws with respect to any of
the matters enumerated in the Concurrent List. (Civil procedure, marriage and
divorce, population control and family planning, electricity, labour welfare etc.,)
3. Parliamentary Legislation in the State Field(Article 249)

• The Constitution empowers the Parliament to make laws on any matter

enumerated in the State List under the following five extraordinary
circumstances:
1. When Rajya Sabha Passes a Resolution : If the Rajya Sabha declares that it
is necessary in the national interest that Parliament should make laws
with respect to goods and services tax or a matter in the State List

2. During a National Emergency: The Parliament acquires the power to

legislate with respect to goods and services tax or matters in the State
List, while a proclamation of national emergency is in operation.(Article
250)
3. When States Make a Request: When the legislatures of two or more states pass
resolutions requesting the Parliament to enact laws on a matter in the State List.

4. To Implement International Agreements :The Parliament can make laws on any

matter in the State List for implementing the international treaties, agreements or
conventions.

5. During President’s Rule: When the President’s rule is imposed in a state, the
Parliament becomes empowered to make laws with respect to any matter in the
State List in relation to that state.
Inconsistency between laws made by Parliament under articles
249 and 250 and laws made by the Legislatures of States.(Article
251).

If any provision of a law made by the Legislature of a State is repugnant to any

provision of a law made by Parliament which Parliament has under either of the said
articles power to make, the law made by Parliament, whether passed before or after
the law made by the Legislature of the State, shall prevail, and the law made by the
Legislature of the State shall to the extent of the repugnancy, but so long only as the
law made by Parliament continues to have effect, be inoperative.
Power of Parliament to legislate for two or more States by consent
and adoption of such legislation by any other State(Article 252).
Under Article 252, the parliament is empowered to legislate for two or
more States by their consent.

Legislation for giving effect to international agreements. (Article

253)
Parliament has power to make any law for the whole or any part of the
territory of India for implementing any treaty, agreement or convention
with any other country or countries or any decision made at any
international conference, association or other body
Inconsistency between laws made by Parliament and laws made
by the Legislatures of States.(Article 254)

Where a law made by the Legislature of a State with respect to one of

the matters enumerated in the Concurrent List contains any provision
repugnant to the provisions of an earlier law made by Parliament or an
existing law with respect to that matter, then, the law so made by the
Legislature of such State shall, if it has been reserved for the
consideration of the President and has received his assent, prevail in that
State:
 4. Territorial Extent of Central and State Legislation

• The Parliament can make laws for the whole or any part of the territory of
India.

• A state legislature can make laws for the whole or any part of the state. The
laws made by a state legislature are not applicable outside the state.

• The Parliament alone can make ‘extraterritorial legislation’. Thus, the laws of
the Parliament are also applicable to the Indian citizens and their property
in any part of the world.
Centre’s Control Over State Legislation(Article 255)

• The governor can reserve certain types of bills passed by the

state legislature for the consideration of the President.

• Bills on certain matters enumerated in the State List can be

introduced in the state legislature only with the previous sanction
of the president. (For example, the bills imposing restrictions on the
freedom of trade and commerce).

• The Centre can direct the states to reserve money bills and other
financial bills passed by the state legislature for the President’s
consideration during a financial emergency.
 ADMINISTRATIVE RELATIONS
• Articles 256 to 263 in Part XI of the Constitution deal with the
administrative relations between the Centre and the states.

256. Obligation of States and the Union.

The executive power of every State shall be so exercised as to ensure
compliance with the laws made by Parliament and any existing laws which
apply in that State.

257. Control of the Union over States in certain cases

The executive power of every State shall be so exercised as not to impede or
prejudice the exercise of the executive power of the Union, and the
executive power of the Union shall extend to the giving of such directions to
a State as may appear to the Government of India to be necessary for that
purpose.
• The executive power of the Union shall also extend to the giving of directions
to a State as to the construction and maintenance of means of
communication declared in the direction to be of national or military
importance.

• The executive power of the Union shall also extend to the giving of directions
to a State as to the measures to be taken for the protection of the railways
within the State.
• 258. Power of the Union to confer powers, etc., on States in certain cases.
• The president with the permission of the Governor of the state can entrust
conditionally or unconditionally the state government officers to perform
functions which are related to the matter which is included in the ambit of
the executive power of the union.
 FINANCIAL RELATIONS
• Articles 268 to 293 in Part XII of the Constitution deal with
Centre state financial relations.
• Can be classified under 4 heads
� Taxation & Law
� Distribution of tax revenue between centre and state
� Grants in Aid
� Contingency fund of India
Taxation & Law

Taxes not to be imposed save by authority of law.—No tax shall be

levied or collected except by authority of law
• Distribution of Tax Revenue

✓ Taxes Levied by the Centre but Collected and Appropriated by the

States (Article 268)
E.g. Stamp duties
✓ Taxes Levied and Collected by the Centre but Assigned to the
States (Article 269)
✓ Levy and Collection of Goods and Services Tax in Course of Inter-
State Trade or Commerce (Article 269-A) (E.g. GST)
✓ Taxes Levied and Collected by the Centre but Distributed between
the Centre and the States (Article 270)
✓ Taxes Levied and Collected and Retained by the States . E.g.
Agricultural income, taxes on lands and buildings etc.,
 Grants-in-Aid to the States
• There are two types of grants-in-aid: Statutory grants and
Discretionary grants.
Statutory Grants
Article 275 empowers the Parliament to make grants to the states which
are in need of financial assistance and not to every state
Discretionary Grants
Article 282 empowers both the Centre and the states to make any grants
for any public purpose, even if it is not within their respective legislative
competence
 Finance Commission
• Article 280 provides for a Finance Commission to be constituted
by President of India.
• The Finance Commission consists of a chairman and four
other members.
• The commission submits its report to the president. He lays it
before both the Houses of Parliament along with an
explanatory memorandum as to the action taken on its
recommendation
FUNCTIONS
1. The distribution of the net proceeds of taxes to be shared between the
Centre and the states, and the allocation between the states of the
respective shares of such proceeds.
2. The principles that should govern the grants-in- aid to the states by the
Centre.
3. The measures needed to augment the consolidated fund of a state to
supplement the resources of the panchayats and the municipalities in
the state on the basis of the recommendations made by the state
finance commission.
4. Any other matter referred to it by the president in the interests of sound
finance.
 INTER-STATE COUNCIL
• Article 263 contemplates the establishment of an Inter-State
Council for the effect coordination between the states and
between Centre and states.
• Thus, the President can establish such a council.
• The Sarkaria Commission on Centre-State Relations (1983–88)
made a strong case for the establishment of a permanent Inter-
State Council under Article 263 of the Constitution.
 Functions
▪ Enquiring into and advising upon disputes which may arise
between states.
▪ Investigating and discussing subjects in which the states or the
Centre and the states have a common interest.
▪ Making recommendations upon any such subject, and
particularly for the better co-ordination of policy and action
on it.
 Emergency Provisions
• The Emergency provisions are contained from Articles 352 to
360.

• These provisions enable the Central government to meet any

abnormal situation effectively and to safeguard the sovereignty,
unity, integrity and security of the country, the democratic
political system, and the Constitution.

• During an Emergency, the Central government becomes all

powerful and the states go into total control of the center.
 The Constitution stipulates three types of
emergencies
• An emergency due to war, external aggression or armed rebellion (Article 352).
This is popularly known as ‘National Emergency’. However, the Constitution
employs the expression ‘proclamation of emergency’ to denote an emergency
of this type.
• An Emergency due to the failure of the constitutional machinery in the states
(Article 356). This is popularly known as ‘President’s Rule’. It is also known by
two other names–‘State Emergency’ or ‘constitutional
Emergency’. However, the Constitution does not use the word ‘emergency’ for
this situation.
• Financial Emergency due to a threat to the financial stability or credit of India
(Article 360).
 Freedom of Trade Commerce and Inter
course
• India had borrowed this provision from Section 92 of the Australian
Constitution, it also made sure to include the provision that the free flow
of goods is allowed not only between different States but also within a
State as well.

• Article 301 of the Indian Constitution provides that the trade, commerce
and intercourse in the country should be free throughout the country.

• This provision ensures removing the imposition of any restrictions which

may be put up, it ensures the free flow of goods throughout the country
 Comptroller and Auditor General of India (CAG)

• The Constitution of India (Article 148) provides for an

independent office of the Comptroller and Auditor General
of India (CAG).
• He is the head of the Indian Audit and Accounts
Department.
• His duty is to uphold the Constitution of India and laws of
Parliament in the field of financial administration.
 APPOINTMENT AND TERM
• The CAG is appointed by the president of India.
• He holds office for a period of six years or upto the age of 65
years, whichever is earlier.
DUTIES AND POWERS
• He audits the accounts related to all expenditure from the
Consolidated Fund of India.
• He audits all trading, manufacturing, profit and loss accounts,
balance sheets and other subsidiary accounts kept by any
department of the Central Government and state governments.
• He audits the receipts and expenditure of the Centre and each
state.
• He audits the receipts and expenditure of All bodies and
authorities substantially financed from the Central or state
revenues.
• He audits the accounts of any other authority when requested
by the President or Governor.
• He acts as a guide, friend and philosopher of the Public
Accounts Committee of the Parliament.
 Public Services
• The public services (civil services or government services)
in India are classified into three categories–
1. All-India services
2. Central services
3. State services
 All-India Services
All-India services are those services which are common to both
Central and state governments. The members of these services
occupy top positions (or key posts) under both the Centre and
the states and serve them by turns.

At present, there are three all-India services.

1. Indian Administrative Service (IAS)
2. Indian Police Service (IPS)
3. Indian Forest Service (IFS)
 Central Services
• The personnel of Central services work under the exclusive
jurisdiction of the Central government. They hold specialised
(functional and technical) positions in various departments of the
Central government.
• Services are classified into group A, group B, group C and group D
State Services
• The personnel of state services work under the exclusive jurisdiction
of the state government. They hold different positions (general,
functional and technical) in the departments of the state
government.
 Union Public Service Commission
• The Union Public Service Commission (UPSC) is the central
recruiting agency in India.

• Articles 315 to 323 in Constitution contain elaborate provisions

regarding the composition, appointment and removal of members
along with the independence, powers and functions of the UPSC.

• The UPSC consists of a chairman and other members appointed

by the president of India. Usually, the Commission consists of nine
to eleven members including the chairman.

• The chairman and members of the Commission hold office for a

term of six years or until they attain the age of 65 years, whichever
is earlier.
 FUNCTIONS
• It conducts examinations for appointments to the all-India
services, Central services and public services of the centrally
administered territories.
• It serves all or any of the needs of a state on the request of
the state governor and with the approval of the president of
India.
• All matters relating to methods of recruitment to civil service
and for civil posts
• Any other matter related to personnel management.
 ADMINISTRATIVE TRIBUNALS

• Article 323 A empowers the Parliament to provide for the

establishment of administrative tribunals for the adjudication of
disputes relating to recruitment and conditions of service of
persons appointed to public services of the Centre, the states,
local bodies, public corporations and other public authorities.
• The 1985 act authorises the Central government to
establish one Central administrative tribunal and the
state administrative tribunal.
 Central Administrative Tribunal (CAT)
• The Central Administrative Tribunal (CAT) was set up in 1985 with
the principal bench at Delhi and additional benches in different
states.
• At present, it has 17 regular benches, 15 of which operate at the
principal seats of high courts and the remaining two at Jaipur
and Lucknow.
• The CAT is a multi-member body consisting of a chairman and
members.
• The CAT exercises original jurisdiction in relation to recruitment and
all service matters of public servants covered by it.
 State Administrative Tribunals
• The Administrative Tribunals Act of 1985 empowers the Central
government to establish the State Administrative Tribunals (SATs) on
specific request of the concerned state governments.

• SATs exercise original jurisdiction in relation to recruitment and all service

matters of state government employees.

• The chairman and members of the SATs are appointed by the president
after consultation with the governor of the state concerned.

• There is also an provision for setting up of joint administrative tribunal (JAT)

for two or more states.
 Official Language
• Articles 343 to 351 of the Indian Constitution deals with the
official language.
• The provision of official langauge are divided into four heads
1. Language of the Union
2. Regional languages
3. Language of the judiciary
4. Texts of laws and Special directives
LANGUAGE OF THE UNION
• Hindi written in Devanagari script is to be the official language of
the Union along with English.

REGIONAL LANGUAGES
• The legislature of a state may adopt any one or more of the
languages in use in the state or Hindi as the official language of
that state.
• Kerala – Malayalam
 LANGUAGE OF THE JUDICIARY AND TEXTS OF LAWS

• English language can only be used for all proceedings in the

Supreme Court and in every high court.

• The governor of a state, with the previous consent of the president,

can authorise the use of Hindi or any other official language of the
state, in the proceedings in the high court of the state.

• State legislature can prescribe the use of any language (other than
English) with respect to bills, acts, ordinances, orders, rules,
regulations or bye-laws, but a translation of the same in the English
language is to be published.
 Elections
• Articles 324 to 329 of the Indian Constitution explains the electoral system
in our country.

• The Constitution (Article 324) provides for an independent Election

Commission in order to ensure free and fair elections in the country.

• Election commission consists of a chief electionn commissioner and

two election commissioners.

• There is to be only one general electoral roll for every territorial

constituency for election to the Parliament and the state legislatures
• No person is to be ineligible for inclusion in the electoral roll on grounds
only of religion, race, caste, sex or any of them.

• Every person who is a citizen of India and who is 18 years of age, is

entitled to vote at the election.

• Parliament may make provision with respect to all matters relating to

elections to the Parliament and the state legislatures including the
preparation of electoral rolls, the delimitation of constituencies and all
other matters necessary for securing their due constitution.
• Elections for the Lok Sabha and every state Legislative Assembly
have to take place every five years, unless called earlier.
• An Electronic Voting Machine (EVM) is a simple electronic device
used to record votes.
 Special Provisions Relating to Certain
Classes
• In order to realise the objectives of equality and justice as laid
down in the Preamble, the Constitution makes special provisions
for the scheduled castes (SCs), the scheduled tribes (STs), the
backward classes (BCs) and the Anglo-Indians.
• These special provisions are contained from Articles 330 to 342A
of the Constitution.
 Special Provisions are related to the following:
1. Reservation in Legislatures
2. Special Representation in Legislatures
3. Reservation in Services and Posts
4. Educational Grants
5. Appointment of National Commissions
[Link] of Commissions of Investigation
 Amendment of the Constitution

• Article 368 of the Constitution deals with the powers of

Parliament to amend the Constitution and its procedure.
The Constitution can be amended in three ways:
1. Amendment by simple majority of the Parliament
2. Amendment by special majority of the Parliament
3. Amendment by special majority of the Parliament and the
ratification of half of the state legislatures.
 PROCEDURE FOR AMENDMENT
• An amendment of the Constitution can be initiated only by the
introduction of a bill for the purpose in either House of Parliament and
not in the state legislatures.

• The bill must be passed in each House by a special majority.

• After duly passed by both the Houses of Parliament and ratified by the
state legislatures (where necessary).

• The president must give his assent to the bill.

• After the president’s assent, the bill becomes an Act.