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EDITORIAL ANALYSIS: The Centre is notional, the States the real entities

The Centre is notional, the States the real entities

 
 
Source: The Hindu
 
For Prelims: Centre-State Relations, Goods and Service Tax (GST), Finance Commission
For Mains: GS II: Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), Goods and Services Tax (GST), Finance Commission
 
Highlights of the Article
 
Centre-State Relations
Federalism
Centre-State issues 
Finance Commission
 
Context
The results of the general election 2024 have thrown up a surprise. They portend greater democratisation in the country, with the regional parties doing well. These parties will share space on the ruling party benches as well as on the Opposition side in Parliament. This will help strengthen federalism, which is so crucial for a diverse nation such as India. It was badly fraying till recently
 
UPSC EXAM NOTES ANALYSIS
 
1. Centre-State Relations

Centre-State relations in India refer to the dynamic interactions and distribution of powers between the central government and the state governments within the framework of the Constitution of India. These relations are crucial in ensuring the smooth functioning of a federal system. They are broadly categorized into legislative, administrative, and financial relations.

Legislative Relations

  • Three Lists: The Constitution of India provides for a division of legislative powers between the Centre and the States through three lists in the Seventh Schedule:

    • Union List: Subjects on which only the Centre can legislate, such as defense, foreign affairs, atomic energy, and railways.
    • State List: Subjects on which only the States can legislate, such as police, public health, and agriculture.
    • Concurrent List: Subjects on which both the Centre and States can legislate, such as education, marriage, and bankruptcy. However, in case of a conflict, the Central law prevails.
  • Residuary Powers: Any subject not mentioned in any of the three lists falls under the residuary powers, which are vested in the Centre.

  • Parliament's Power to Legislate on State List: Under certain circumstances, Parliament can legislate on matters enumerated in the State List:

    • In the national interest (Article 249).
    • During a proclamation of emergency (Article 250).
    • When two or more states request Parliament to legislate on a matter (Article 252).
    • To implement international agreements (Article 253).
2.Inter-State tussles, Centre-State relations
 

Inter-State relations in India pertain to the interactions and collaborations among the various states within the country. These relations are crucial for maintaining national unity and ensuring balanced development across regions. The Constitution of India provides a framework for managing these relationships, promoting cooperation, resolving conflicts, and fostering mutual understanding. Key aspects of inter-state relations include legal frameworks, economic cooperation, dispute resolution mechanisms, and institutional arrangements.

Legal Framework

  • Inter-State Council: Established under Article 263 of the Constitution, the Inter-State Council aims to facilitate coordination between states and the Centre. It addresses disputes, advises on policy matters, and fosters cooperation on issues of common interest.

  • Zonal Councils: These are statutory bodies established under the States Reorganisation Act of 1956. There are five Zonal Councils (Northern, Southern, Eastern, Western, and Central), each headed by the Union Home Minister and comprising the Chief Ministers of the respective zones. They discuss and resolve inter-state matters related to economic and social planning, border disputes, and regional cooperation.

  • Parliamentary Legislation: Under Article 252, if two or more states consent, Parliament can legislate on matters in the State List. Such legislation applies only to consenting states, but it promotes uniformity in certain areas.

Economic Cooperation

  • Shared Resources: States often share natural resources like rivers, forests, and minerals. Collaborative management and equitable sharing are vital for preventing conflicts and ensuring sustainable development.

  • Joint Projects: States sometimes undertake joint infrastructure projects such as inter-state highways, power plants, and irrigation schemes. These projects require coordination and shared funding but can significantly boost regional development.

Dispute Resolution Mechanisms

  • Inter-State Water Disputes Tribunal: Established under the Inter-State River Water Disputes Act, 1956, these tribunals adjudicate disputes between states over river water sharing. Examples include the Cauvery Water Disputes Tribunal and the Krishna Water Disputes Tribunal.

  • Supreme Court: As the highest judicial authority, the Supreme Court adjudicates disputes between states under Article 131. Its decisions are binding and aimed at ensuring justice and equity.

Inter-State tussles
 
  • States in India cannot adopt a uniform stance because they are at varying stages of development and have significantly different levels of resources. Wealthier states have more resources, while poorer states need additional funds to develop and catch up.
  • The Finance Commission is tasked with allocating more funds to the poorer states proportionately. However, despite the efforts of the 15 Finance Commissions so far, the disparity remains significant.
  • Richer states, which contribute more revenue and receive proportionally less, often resent this system.
  • They overlook the fact that poorer states provide markets that facilitate their growth. Additionally, poorer states lose much of their savings to wealthier states, further accelerating the latter's development.
  • It is frequently argued that since Mumbai contributes a significant portion of corporate and income taxes, it should receive more funding.
  • However, this is because Mumbai, as the financial capital, hosts many large corporations that pay taxes there, reflecting revenue contribution in an accounting sense rather than actual production.
  • The Centre distributes resources to states in two primary ways: through the Finance Commission's recommendations and direct expenditures in states.
  • All central government expenditures occur within some state, effectively making these expenditures transfer to the states.
  • This becomes another source of conflict, as expenditures create jobs and prosperity in the recipient state. Consequently, each state seeks more central expenditure within its borders.
  • The Centre can manipulate the allocation of schemes and projects for political gain, leading to accusations of favouritism toward states like Gujarat and Uttar Pradesh. Opposition-ruled states have long complained of biased treatment
3. Federalism and issues around it
 
Inter-State relations in India pertain to the interactions and collaborations among the various states within the country. These relations are crucial for maintaining national unity and ensuring balanced development across regions. The Constitution of India provides a framework for managing these relationships, promoting cooperation, resolving conflicts, and fostering mutual understanding.
 
Key aspects of inter-state relations include legal frameworks, economic cooperation, dispute resolution mechanisms, and institutional arrangements:
 
  • Inter-State Council: Established under Article 263 of the Constitution, the Inter-State Council aims to facilitate coordination between states and the Centre. It addresses disputes, advises on policy matters, and fosters cooperation on issues of common interest.

  • Zonal Councils: These are statutory bodies established under the States Reorganisation Act of 1956. There are five Zonal Councils (Northern, Southern, Eastern, Western, and Central), each headed by the Union Home Minister and comprising the Chief Ministers of the respective zones. They discuss and resolve inter-state matters related to economic and social planning, border disputes, and regional cooperation.

  • Parliamentary Legislation: Under Article 252, if two or more states consent, Parliament can legislate on matters in the State List. Such legislation applies only to consenting states, but it promotes uniformity in certain areas.

  • Shared Resources: States often share natural resources like rivers, forests, and minerals. Collaborative management and equitable sharing are vital for preventing conflicts and ensuring sustainable development.

  • Joint Projects: States sometimes undertake joint infrastructure projects such as inter-state highways, power plants, and irrigation schemes. These projects require coordination and shared funding but can significantly boost regional development.

  • Inter-State Water Disputes Tribunal: Established under the Inter-State River Water Disputes Act, 1956, these tribunals adjudicate disputes between states over river water sharing. Examples include the Cauvery Water Disputes Tribunal and the Krishna Water Disputes Tribunal.

  • Supreme Court: As the highest judicial authority, the Supreme Court adjudicates disputes between states under Article 131. Its decisions are binding and aimed at ensuring justice and equity.

Issues in federalism
  • The Sixteenth Finance Commission has commenced its work, aiming to mend the fraying federalism and reinforce India's identity as a 'Union of States.' This endeavor is both political and economic.
  • The Commission could recommend that the Centre treat all states fairly and reduce friction between wealthy and poorer states by transferring more resources to the latter, helping to curb rising inequality.
  • Governance issues at both the central and state levels need to be highlighted, as they influence investment productivity and development pace. Corruption and cronyism lead to wasted resources and diminished social welfare.
  • To diminish the Centre's dominance over states, the allocation of resources from the Centre to the states could be significantly increased from the current 41%. The Centre's role could be reduced; for example, in joint schemes like the Public Distribution System or MGNREGS, the Centre insists on receiving credit, penalizing states that do not comply.
  • The Centre's excessive assertiveness weakens federalism. The funds controlled by the Centre are public funds, collected from and spent in the states. The Centre is a constitutional construct, while states and local bodies are the actual entities where economic activities occur and resources are generated.
  • While states have accepted the Centre's constitutional role, this does not make them mere supplicants for their own funds. It is time for the utilization of the country's resources to be decided jointly by the Centre and the states, treating them as equal partners
4. Conclusion
 
Centre-State relations became contentious during the campaigning for the general election. The idea of ‘400 paar’, ‘one nation one election’ and the Prime Minister’s emphatic threat that the corrupt (i.e., Opposition leaders) will soon be in jail were perceived as threats to the Opposition-ruled States.The Opposition-ruled States have been complaining about stepmotherly treatment by the Centre. Protests have been held in Delhi and the State capitals. The Supreme Court of India has said that ‘a steady stream of States are compelled to approach it against the Centre’. Kerala has complained about the inadequate transfer of resources, Karnataka about drought relief and West Bengal about funds for the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS). The attempt seems to be to show the Opposition-ruled States in a bad light
 

 

Mains Practice Questions
 
  1. Examine the constitutional provisions related to Centre-State legislative relations. How do these provisions ensure a balance of power between the Centre and the States?

  2. Critically analyze the role of the Finance Commission in the context of Centre-State financial relations. How does it address the fiscal needs of States while maintaining the fiscal stability of the Union?

  3. Discuss the concept of cooperative federalism in India. Evaluate the effectiveness of institutions like NITI Aayog and Inter-State Council in promoting cooperative federalism.

  4. Evaluate the impact of the Goods and Services Tax (GST) on Centre-State financial relations. What challenges and opportunities has GST created for fiscal federalism in India?


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