The Constitution makers devised a federal set up for India and inserted in the constitution. The main features of federalism are clear division of powers between the centre and the federal units, the existence of an independent and supreme judiciary to interpret the constitution and to settle disputes between the states.
However, inspite of the presence of the essential federal features, the Indian constitution is said to be bent in the favour of the centre and it presents a system which is federal in appearance and unitary in character. It will be relevant to have looked at the Union State relations and other provisions of the constitutions to affirm this legislative relational between Centre and States. There are 97 important subjects like foreign relation, defence, currency, foreign trade etc. on which only the parliament can make laws.
In the state list there are 66 subjects mainly of local importance like police, local self government, jail, health, irrigation etc. on which the state government can make law. The third one is the concurrent list which includes 47 subjects like population control and family welfare, social security, newspaper etc. Both the centre and the states can make laws on the subjects from the concurrent list, but the state should make sure that laws made by them regarding these are in conformity with the central laws. The Indian constitution gives the residuary powers, which are not mentioned in any of the 3 lists to the centre.
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Administrative Relation:
The centre mainly depends on the state administrative machinery to implement the decision and policies it formulates. Secondly, the centre holds control over the state administration through appointment made by it under all India services.
Similarly there is single judicial system in India in which the judges of both the Supreme Court and High Court are appointed and removed by the president of India. To ensure better coordination between the centre and the states the president may appoint advising Inter state councils. Moreover the centre and the states may delegate to each other, the administrative powers and functions to ensure cooperation and understanding.
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Financial Relations:
Under Art 280 of the constitution, the president shall appoint a finance commission every five years after to determine the distribution of taxes between the centre and the states. The taxes which are distributed between the centre and the states are:
(a) those wholly under center are customs and corporation tax, surcharge on income tax,
(b) taxes wholly under states are revenue, stamp duty, taxes on boats, vehicles etc. (c) taxes levied by center but collected and appropriated by states like stamp duties on exchange bills.
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(d) Taxes which are levied and collected by the centre but given to the states like terminal taxes, related to the advertisement in newspaper etc.
(e) Taxes which are levied and collected by the centre but are distributed between the centre and the states like taxes on income other than agricultural income.
Apart from these, Grants in Aids are given by the centre to the states from time to time under Art 275 of the Constitution however with the beginning of planned development and increasing role of the planning commission in the planning process, non statutory financial transfers from the centre to states have been on the rise.
The centre has authority to raise resource like issuing treasury which states do not posses. Finally with the declaration of financial emergency by the president under Article 360 the statutory financial transfers to the states may be curtailed and financial instructions also may be sent to the states. Other Provisions of the Constitution for making the Centre strong
Under Article 3 of the constitution the Parliament through a simple process of amendment can altar the boundaries of the state and can create new state also. With the declaration of National Emergency under Art 352 and President’s rule in the states Art 356, the central Legislature has the power to make laws on the state subjects.
The Rajya Sabha under Art 249 may enable the parliament to make laws on a subject from the state list. The Rajya Sabha under Art 312 can also recommend for creating more all India services.
Under Art 256 and Art 257 administrative directive are given by the centre to the states from time to time which are obligatory for them in case of failure of the constitutional machinery in the states. The Governor who is appointed by President to determine whether the governance of the state runs under the framework of the constitution and to recommend president’s rule if he finds that there is a breakdown of the constitutional machinery in the state.
The Indian Constitution does not give equal representation to the states in the second chamber as it is in other federal systems of the world. There is also single citizenship under the constitution.