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.
" '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. "
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).
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
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
Who holds the residuary legislative powers in India?
Which commission recommended the formation of the Inter-State Council?
How to use this lesson
Read the overview first, then explain the main idea in your own words before checking the key concepts. Use the quick-check questions without looking at the answer. For examination preparation, verify dates, definitions, and syllabus requirements against your official textbook and school or examination-board guidance.
Test Your Knowledge
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