Centre-State Relations in India: Delegation, Cooperation and Constitutional Provisions

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The constitution does not establish a strict separation of executive powers. A strict separation of executive power can occasionally result in conflicts between the central and state governments. To alleviate rigidity and prevent deadlock, the constitution allows for inter-governmental delegation of executive authority. 

Provision for Mutual delegation: The Centre and State can mutually delegate executive functions to ensure effective implementation of policies and laws in the following manner:

  • Delegation of executive functions of centre: The President may delegate any executive function of the center to a state government with the agreement of that state government.
  • Delegation of executive functions of state: The Governor of a state, after receiving the Central government’s consent, can delegate any executive power of the state to the central government. 
  • Delegation without consent: The Constitution also permits the delegation of executive functions from the center to a state without its consent. However, in such cases, the delegation is executed by Parliament rather than the President. Therefore, legislation passed by Parliament concerning a subject in the Union List can grant powers and impose duties on a state or the Center to do so regardless of state approval. Importantly, this cannot be accomplished by the state legislature.

Cooperation between Centre-State Relations in India

The Constitution includes the following provisions to ensure cooperation and collaboration between the center and the states: 

  • Full faith and credit: According to Article 261 of the constitution, full faith and credit shall be given throughout India to the public acts, records, and judicial proceedings of both the center and each state.
  • Inter-state river disputes: Under Article 262 of the constitution, Parliament is authorized to provide for the adjudication of any dispute or complaint regarding the utilization, distribution, and control of waters from any inter-state river or river valley. 
  • Inter-state council: Article 263 allows the President to create an Inter-state council to examine and discuss topics of mutual interest between the center and the states. 
  • Appointment of authority: Under Article 307, Parliament can designate an appropriate authority to fulfill the constitutional provisions related to interstate freedom of trade, commerce, and intercourse. 

All India Services and Centre-State Relations in India

Constitutional provision: Under Article-312 of the constitution, three All India services have been established- IAS, IPS and IFoS. Also the article enables the Parliament to create an All-India Service based on a resolution passed by the Rajya Sabha to that effect. 

Joint control of services: Members of the All India services hold the highest administrative positions both under the center and the states, although they are recruited and trained by the center. These services are jointly governed by both the Center and the state, with ultimate control resting with the Central government while immediate control lies with the state government. Each of these three All-India services, despite being divided among various states, constitutes a single service with shared rights and status, along with uniform pay scales across the nation. 

Though the all India services violate the principles of federalism as they restrict the autonomy and patronage of states, they are supported on the grounds that they help in achieving the following objectives:  

  • High administrative standards: The services help in maintaining high levels of standards in the centre as well in states.
  • Uniformity across the nation: Helps to ensure uniformity of the administrative system throughout the country.
  • Cooperation in issues of common interest: They facilitate collaboration, coordination, and joint efforts on issues common to both the center and the states.

Public Service Commissions in India

Centre-state relations in the field of Public Service Commissions are as follows-

  • Removal in State public service commission: The Chairman and members of a state public service commission are appointed by the Governor of the state but can only be dismissed by the President.
  • Joint state public service commission: Parliament can create a Joint State Public Service Commission (JSPSC) for two or more states upon the request of the legislatures of those states. The President appoints the chairman and members of the JSPSC.
  • Assistance by UPSC:  The UPSC can assist a state at the request of the state governor, provided it is approved by the President. The UPSC aids states (when asked by two or more states) in developing and managing schemes for joint recruitment for any services requiring candidates with specific qualifications.

Centre-State Relations in India: The Role of the Integrated Judicial System

An integrated judicial system has been established, despite India’s dual polity. This unified court system enforces both central and state laws.

  • Appointment of high court Judges: The President of India appoints High Court judges after consulting the Chief Justice of India, including two of the senior-most judges of the High Court and the Governor of the State. They can also be transferred or removed by the President.
  • Common High court: Parliament has been authorised to set up common high courts for 2 or more states. For instance, the states of Punjab and Haryana share a common High Court.

Centre-State Relations During Emergencies

  • National emergency: During a National Emergency (Article 352), the Center can issue executive orders to a state on any matter. As a result, state governments come under the full control of the center, although they are not dissolved. 
  • President’s rule: When President’s rule is enforced in a state, the President can assume the responsibilities of the state government and the powers held by the Governor or any other executive authority in the state.
  • Financial emergency: During Financial emergency (Article 360), the Centre can direct the states to observe canons of financial propriety. The President can give other necessary directions including the reduction of salaries of persons serving in the state including the high court judges. The Union may also require all Money Bills or Financial Bills to be reserved for the consideration of the President after they are passed by the Legislature of the State.

Centre-State Relations in India: Provisions for Centre’s Control Over State Administration

Other provisions mentioned in the constitution which enable the Centre to exercise control over the state administration are as follows

  • Duties on the centre: Article 355 imposes two duties in the Centre: (a) to protect every state against external aggression and internal disturbance, and (b) to ensures that every state’s government operates according to the provisions of the Constitution
  • Office of Governor: The Governor of a state is appointed by the President. The individual in this position serves at the President’s pleasure. Also, the governor acts as an agent of the Centre in the state. He/she submits periodical reports to the Centre about the administrative affairs of the state.
  • State Election commissioner: The state election commissioner, though appointed by the governor of the state, can be removed only by the President.

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