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Courses upsc indian polity

indian polity

Federalism & Centre-State Relations

Analyze the 'unitary bias' of Indian Federalism. Study the legislative, administrative, and financial relations that define the dynamic interactions between New Delhi and the States.

Learning Objectives

•Explain the 'unitary bias' inherent in the Indian Constitution
•Analyze the legislative supremacy of the Parliament in specific contexts
•Evaluate the role of the Governor through the lens of various Commission reports

Detailed Analysis

Indian federalism is uniquely asymmetric and heavily tilted towards the Centre. This 'unitary bias' is evident in provisions like single citizenship, a unified judiciary, All-India Services (Art 312), and the power of Parliament to alter state boundaries without state consent (Art 3). Legislative relations (Art 245-255) strongly favor the Centre: Parliament has residuary powers (unlike USA) and can legislate on State List subjects under specific national interest conditions (Art 249, 250, 252, 253). A highly contentious analytical area is the office of the Governor. Designed as a vital link between the Centre and States, the role is often criticized as being an 'agent of the Centre'. Disputes frequently arise regarding the discretionary power of the Governor in appointing CMs during hung assemblies or reserving bills for Presidential consideration (Art 200). Financial relations are also heavily skewed; states rely on the Finance Commission (Art 280) for revenue devolution and grants-in-aid (Art 275). Cooperative federalism (e.g., GST Council) and Competitive federalism (NITI Aayog indexes) are modern paradigms attempting to balance this asymmetry.

UPSC Mains Corner

HIGH YIELD

" 'The office of the Governor has increasingly become a friction point in Centre-State relations.' Discuss the constitutional and discretionary powers of the Governor that lead to such friction. "

Suggested Approach:

1. Introduction: Contextualize the Governor as a dual role—constitutional head of state and representative of the Centre. 2. Discuss friction point 1: Appointment and Removal (No security of tenure, 'pleasure of the President'). 3. Discuss friction point 2: Discretion in appointing CM (often accused of partisanship in hung assemblies). 4. Discuss friction point 3: Reserving bills for President (Art 200), effectively giving the Centre a veto over state legislation. 5. Conclusion/Way Forward: Cite punchhi/Sarkaria commission recommendations (Governor should be detached, secure tenure).

Prelims Pulse

Article 3

Parliament can form new states or alter boundaries; India is a 'indestructible union of destructible states'.

7th Schedule

Divides legislative power into Union List (100 items), State List (61 items), and Concurrent List (52 items).

Residuary Powers (Art 248)

Rests with the Union Parliament, unlike in the US or Australia where it rests with states.

Article 356 (President's Rule)

Imposed if state government cannot be carried out in accordance with the Constitution. Most misused provision (curbed by SR Bommai case 1994).

Article 200

Governor's power to assent, withhold, return, or reserve a state bill for the President.

Finance Commission (Art 280)

Quasi-judicial body appointed every 5 years by the President to recommend distribution of taxes between Centre and States.

Inter-State Council (Art 263)

Constitutional body formed in 1990 (Sarkaria recommendation) to investigate disputes and coordinate policy among states.

All-India Services (Art 312)

IAS, IPS, IFoS. Recruited by Centre, serve the States. Violates pure federalism by giving Centre control over state administration.

Sarkaria Commission (1983)

Major commission on Centre-State relations; recommended establishing the Inter-State Council and sparing use of Art 356.

GST Council (Art 279A)

A joint forum of Centre and States (Cooperative Federalism) to govern indirect tax; decisions require a 3/4th weighted majority.

Key Concepts

Cooperative vs Competitive Federalism

Cooperative: Centre and States acting as partners (e.g., GST architecture). Competitive: States competing for investments and rankings (e.g., Ease of Doing Business index).

Terminology

Unitary BiasResiduary PowersPresident's RuleSarkaria CommissionPunchhi CommissionInter-State CouncilFinance CommissionCooperative FederalismAsymmetric FederalismConcurrent List

Historical Insight

SR Bommai Case (1994)

Established that President's Rule (Art 356) is subject to judicial review, and the floor of the house is the only place to test a majority, severely limiting political misuse.

Quick Check

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Who holds the residuary legislative powers in India?

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Which commission recommended the formation of the Inter-State Council?