Administrative Relations between Centre and States
Articles 256 to 263 of Part XI of the Indian Constitution govern the administrative relations between the Centre and the states, with provisions designed to balance the distribution of powers and ensure cooperative federalism.
1. Distribution of Executive Powers
The distribution of executive powers parallels the legislative division:
• Centre’s Executive Power:
Matters in the Union List.
Rights, authority, and jurisdiction under treaties or agreements.
• States’ Executive Power:
Matters in the State List, exercised within the state’s territory.
Concurrent List subjects, unless specifically conferred on the Centre by a constitutional provision or parliamentary law.
• Execution of Concurrent Laws:
• Even if enacted by the Parliament, laws in the Concurrent List are executed by states unless directed otherwise.
2. Obligations of States and the Centre
To ensure effective governance and uphold federal principles:
• State Obligations:
(a) Compliance with Parliamentary laws and existing laws applicable to the state.
(b) Non-impediment of the Centre’s executive power within the state.
• Centre’s Authority:
• The Centre can issue directions to states to enforce compliance.
• Non-compliance can attract coercive measures under Article 365.
3. Coercive Sanctions and Article 365
The coercive nature of the Centre’s directions is linked to the imposition of President’s Rule:
• Article 365:
• If a state fails to comply with Centre’s directions, the President can deem that the state government is unable to function in accordance with the Constitution.
• This serves as a basis for imposing Article 356 (President’s Rule).
4. Implications of Administrative Control
• Ensures that the Centre retains supervisory authority over states for uniform governance.
• Maintains the unitary spirit in emergencies or disputes while respecting the autonomy of states.
• Reinforces the rule of law and avoids administrative conflicts.
The administrative provisions in Part XI aim to foster cooperative federalism, while the Centre’s supervisory role ensures that constitutional provisions are upheld. This framework is critical for maintaining the balance between state autonomy and national integrity.
Centre’s Directions to the States
The Constitution empowers the Centre to issue directions to the states regarding the exercise of their executive powers in specific matters. This ensures a unified administrative framework in areas of national importance.
1. Areas of Directions
The Centre can direct states on the following:
1. Means of Communication:
• Construction and maintenance of means of communication declared to be of national or military importance.
2. Protection of Railways:
• Measures for the protection of railways within the state.
3. Linguistic Minorities:
• Providing adequate facilities for mother-tongue education at the primary level for children belonging to linguistic minorities.
4. Scheduled Tribes:
• Drawing up and executing schemes for the welfare of Scheduled Tribes in the state.
2. Coercive Sanction (Article 365)
• Non-compliance with these directions can invoke Article 365, allowing the President to impose President’s Rule under Article 356, as the situation is deemed unconstitutional.
Mutual Delegation of Functions
To address the rigidity in the distribution of legislative and executive powers, the Constitution provides mechanisms for mutual delegation of functions between the Centre and the states.
1. Delegation by the Centre
• The President, with the consent of the state government, may entrust the state with executive functions of the Centre.
2. Delegation by the State
• The Governor, with the consent of the Central government, may entrust the Centre with executive functions of the state.
3. Conditional or Unconditional Delegation
• Delegation can be conditional or unconditional, depending on the agreement between the Centre and the state.
Parliamentary Delegation Without Consent
• Parliament can delegate the Centre’s executive functions to a state without its consent:
• Laws made by Parliament on subjects in the Union List may confer powers or impose duties on a state.
• This delegation is through legislation, not by the President.
• State legislatures lack this power; they cannot impose duties or delegate powers to the Centre.
Methods of Delegation
1. Agreement: Mutual consent between the Centre and the state.
2. Legislation: Parliament delegates powers directly to the state.
While the Centre can use both methods, states are restricted to delegation through agreement only.
Significance
• Ensures cooperative federalism by mitigating rigidities in the distribution of powers.
• Facilitates smooth functioning of governance by avoiding conflicts and deadlocks in administrative relations.
• Balances the autonomy of states with the unitary needs of the nation.
Cooperation Between the Centre and States
The Indian Constitution contains several provisions designed to ensure cooperation and coordination between the Centre and the states, particularly in areas of shared interest or concern. The mechanisms outlined in the Constitution help in addressing intergovernmental conflicts, promoting unity, and facilitating effective governance.
1. Disputes Related to Inter-State Waters
• Article 262 empowers Parliament to legislate for the adjudication of disputes regarding the use, distribution, and control of waters from any inter-state river or river valley.
• This provision is aimed at resolving conflicts between states that share rivers or other water bodies, ensuring equitable distribution and avoiding disputes.
2. Inter-State Council
• Article 263 allows the President to establish an Inter-State Council to discuss and resolve issues of common interest between the Centre and the states.
• This Council can be established for the investigation and discussion of topics that concern both levels of government.
• The Inter-State Council was established in 1990, facilitating better communication and coordination between the Centre and the states. It serves as a platform for resolving inter-state disputes, advising on matters of national importance, and ensuring harmony.
3. Full Faith and Credit to Public Acts, Records, and Judicial Proceedings
• Article 261 mandates that public acts, records, and judicial proceedings of the Centre and each state must be given full faith and credit throughout India.
• This provision ensures that the legal documents and judicial decisions of one state or the Centre are recognized and enforced across the country, fostering a uniform legal framework.
4. Freedom of Trade, Commerce, and Intercourse
• Article 301 guarantees the freedom of trade, commerce, and intercourse throughout India.
• To carry out the purposes related to the freedom of trade, Parliament can appoint an appropriate authority. However, despite this provision, no such authority has been appointed so far. This reflects an unfulfilled but potential mechanism to ensure smoother trade and commerce between states.
Significance
• Legal and Administrative Cooperation: These provisions provide legal mechanisms for resolving disputes, facilitating trade, and maintaining coordination on common issues.
• Inter-Governmental Harmony: Institutions like the Inter-State Council foster collaborative decision-making, helping avoid conflicts and promoting a cooperative federal structure.
• Uniformity in Governance: By ensuring that public acts, judicial decisions, and records are recognized across states, the Constitution creates a cohesive legal system, strengthening the unity of India.
In conclusion, the constitutional provisions for cooperation between the Centre and states underscore the spirit of cooperative federalism, which is fundamental to the functioning of India’s political system.
All-India Services and Public Service Commissions
The All-India Services and Public Service Commissions are integral components of the administrative framework in India, bridging the federal structure while ensuring coordinated governance between the Centre and the states.
All-India Services
India’s federal structure includes separate public services for the Centre and the states. In addition to these, the All-India Services (IAS, IPS, and IFS) serve both the Centre and the states, ensuring a uniform and high standard of administration across India.
• Nature and Formation:
• The Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Forest Service (IFS) are the three primary All-India Services.
• These services were created to serve the needs of the Centre and states simultaneously. Members of these services occupy key administrative posts at both levels and rotate between them.
• These services are recruited and trained by the Centre, but they are controlled jointly by the Centre and the states. While ultimate control rests with the Centre, the immediate control lies with the respective state governments where the officers are posted.
• Constitutional Provisions:
• Article 312 allows Parliament to create additional All-India Services on the recommendation of the Rajya Sabha.
• The services, although divided among various states, form a single unified service with common rights, status, and uniform pay scales across the country.
• Significance of All-India Services:
• Despite potentially limiting the autonomy of states, All-India Services are justified by the following reasons:
1. Ensuring High Administrative Standards: They help maintain a high quality of governance both at the Centre and state levels.
2. Uniformity of Administration: They ensure consistency in the administration across states.
3. Promoting Cooperation: The services facilitate coordination and joint action between the Centre and the states on matters of common interest.
• Dr. B.R. Ambedkar’s Justification:
• In the Constituent Assembly, Dr. B.R. Ambedkar supported the creation of All-India Services by recognizing that a dual polity (Centre and states) in a federal structure requires a dual service system. He argued that strategic posts that influence the quality of administration must be occupied by personnel who are recruited on an All-India basis, ensuring uniform standards across the country.
Public Service Commissions
Public Service Commissions (PSCs) are crucial in maintaining the integrity and impartiality of recruitment and appointments within the civil services. The Constitution outlines the framework for the functioning of State Public Service Commissions and the Union Public Service Commission (UPSC).
• State Public Service Commissions:
• The Chairman and members of a state’s Public Service Commission are appointed by the governor but can only be removed by the President. This ensures autonomy and protection from political influence.
• Joint State Public Service Commission (JSPSC):
• The Constitution allows for the creation of a Joint State Public Service Commission (JSPSC) when two or more states request it. The President appoints the chairman and members of the JSPSC, facilitating cooperative recruitment for states with common needs.
• Union Public Service Commission (UPSC):
• The UPSC, primarily serving the Centre, can also assist states at their request. A state can seek the UPSC’s help for joint recruitment schemes, particularly when specialized qualifications are needed across states.
• The UPSC’s role includes providing assistance in framing and executing joint recruitment schemes, ensuring that recruitment processes are efficient and meet the specific needs of the states involved.
Significance of Public Service Commissions
• Autonomy and Integrity: Both State PSCs and the UPSC play a crucial role in ensuring fair and impartial recruitment. The safeguards like the removal by the President ensure that the commissions operate free from political interference.
• Federal Cooperation: Through provisions like the JSPSC and UPSC assistance to states, the Constitution encourages cooperative federalism by facilitating joint recruitment and the sharing of administrative resources between the Centre and the states.
The All-India Services and Public Service Commissions reflect the balance between unity and federalism in India’s administrative structure. While they centralize certain administrative functions to ensure uniformity and high standards, they also provide mechanisms for state autonomy and cooperation between the Centre and states, maintaining the federal spirit of India’s governance system.
Integrated Judicial System and Relations During Emergencies
Integrated Judicial System
India’s judicial system is integrated across the country, featuring a single system of courts from the Supreme Court at the top to the High Courts in the states. This means that the Supreme Court enforces both Central laws and State laws, eliminating judicial diversity and ensuring uniformity in the administration of justice across the country.
• Appointment and Removal of Judges:
• Judges of a state high court are appointed by the President of India, in consultation with the Chief Justice of India (CJI) and the Governor of the respective state.
• High court judges can also be transferred and removed by the President, ensuring a unified mechanism for judicial appointments and transfers across the country.
• Common High Courts:
• The Parliament can establish a common high court for two or more states. For example:
• Maharashtra and Goa have a common high court.
• Punjab and Haryana have a common high court.
• This system ensures consistency in legal procedures and judicial decisions across states with similar legal and administrative needs.
Relations During Emergencies
1. National Emergency (Article 352):
• During the operation of a national emergency, the Centre becomes entitled to give executive directions to a state on any matter. This means that state governments come under complete control of the Centre, though they are not suspended.
• The Centre can direct states on administrative, legislative, and financial matters. This overrides the usual distribution of powers between the Centre and the states.
2. President’s Rule (Article 356):
• When President’s Rule is imposed in a state under Article 356, the President can assume to himself the functions of the state government and the powers vested in the Governor or any other executive authority in that state.
• This means that the state government is effectively suspended, and the executive functions of the state come under the direct control of the Centre. The administration in the state is run by Central government representatives.
3. Financial Emergency (Article 360):
• During the operation of a financial emergency, the Centre can direct the states to observe canons of financial propriety and can give other necessary directions, including reducing the salaries of those serving in the state.
• This power allows the Centre to take control of the state’s financial management and ensure fiscal discipline across the country. It is a mechanism to manage economic crises and maintain financial stability.
The integrated judicial system and the provisions during emergencies under the Constitution of India play crucial roles in maintaining a balance between state autonomy and national unity. The integrated judicial system ensures a uniform interpretation of the law throughout the country, while the emergency provisions provide mechanisms for Central control during extraordinary situations, ensuring national security and financial stability. These mechanisms are vital to maintain cohesion and stability in a diverse federal country like India.
Other Provisions for Centre-State Control and Cooperation
Constitutional Provisions for Centre-State Control
1. Article 355: Centre’s Duties Towards States
• Protection against external aggression and internal disturbance: The Centre is responsible for ensuring the security of the states from external threats and internal conflicts.
• Ensuring that state government operates in accordance with the Constitution: The Centre ensures that the government of each state functions according to the constitutional provisions, thus maintaining constitutional governance.
2. Governor’s Role (Article 155-167):
• The Governor of a state is appointed by the President and holds office at the pleasure of the President. This gives the Centre significant influence over the states.
• The Governor serves not only as the Constitutional head of the state but also as an agent of the Centre. He is required to submit periodical reports to the Centre regarding the administrative affairs of the state.
• The Governor’s dual role ensures coordination between the state and the Centre, as well as enables the Centre to oversee the functioning of the state government.
3. State Election Commissioner:
• The State Election Commissioner, who is appointed by the Governor, can only be removed by the President. This mechanism ensures that even state-level election bodies are under the control of the Centre, ensuring uniformity in the electoral process across India.
Extraconstitutional Devices for Centre-State Cooperation
Apart from the constitutional provisions, India also employs extraconstitutional devices to promote cooperation and coordination between the Centre and the states. These mechanisms facilitate consultation, discussion, and collaboration on various issues.
1. Advisory Bodies and Councils:
• Several non-constitutional advisory bodies have been created to advise and provide guidance to the government on matters of mutual interest between the Centre and states:
• NITI Aayog: Replaced the Planning Commission to promote cooperative federalism and coordinate planning and development.
• National Integration Council: Works to promote national integration and address issues that may threaten India’s unity.
• Zonal Councils: Comprising the states within a particular region, these councils aim to promote cooperation between states and the Centre on regional matters.
• Other Councils: These include bodies like the Central Council of Health and Family Welfare, Central Council of Local Government, and various Central Councils for sectors like Indian Medicine, Homoeopathy, and Transport Development.
2. Conferences for Centre-State Consultation:
• Governors’ Conference: Presided over by the President, this conference discusses issues of national importance and the functioning of the states.
• Chief Ministers’ Conference: Presided over by the Prime Minister, it serves as a platform for discussions on matters of national governance and inter-state cooperation.
• Chief Secretaries’ Conference: This conference, presided over by the Cabinet Secretary, focuses on administrative coordination between the Centre and the states.
• Inspector-General of Police Conference: This conference discusses issues related to police and law enforcement, aiming for coordinated action across states and the Centre.
• Chief Justices’ Conference: Presided over by the Chief Justice of India, it discusses judicial coordination and reforms.
• Vice-Chancellors’ Conference: A platform for the heads of universities to discuss education policy and inter-university collaboration.
• Home Ministers’ Conference: Presided over by the Central Home Minister, it discusses issues of internal security, law enforcement, and police cooperation.
• Law Ministers’ Conference: Presided over by the Central Law Minister, it focuses on legal reforms and the administration of justice.
India’s Constitution provides several mechanisms for the Centre to ensure the smooth functioning of the state governments and maintain national cohesion. While the Centre exercises control through provisions like Article 355 and the appointment of Governors, the extraconstitutional devices such as advisory bodies and regular conferences foster cooperation and ensure effective Centre-state coordination. These provisions and devices collectively strengthen the federal structure while also addressing the need for national unity and uniformity in governance.
The topic of Administrative Relations between Centre and States is crucial for UPSC as it lies at the core of India’s federal structure, highlighting the balance of power and cooperative governance. Understanding this ensures aspirants can analyze issues like decentralization, intergovernmental conflicts, and reforms, which are vital for answering questions in Polity and Governance UPSC GS-II.
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