Centre-State Relations

The Indian Constitution has several provisions that promote the concept of Centre-State cooperation (Cooperative Federalism).

• Article 252(1) provides that when the legislatures of two or more states pass resolutions requesting the Parliament to enact laws on a matter in the State List, then the Parliament can make laws for regulating that matter.
• Article 258(1) states that the President may, with the consent of the governor, entrust to that government or its officers any of the executive functions to which the executive power of the Union extends. Conversely, according to Article 258A the governor of a state may, with the consent of the Government of India, entrust to the union government or to its officers any of the executive functions of the state.
• Article 261(1) lays down that full faith and credit should be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State. This is to give them a nation-wide application.
• Article 263 provides that the President may be by order appoint an Inter-State Council if it appears to him that the public interests would be served by the establishment of a Council.
• The Indian Constitution provides for a scheme of tax sharing between the Centre and the State.
• Article 282 provides for the making any grants by the Union for any public purpose.

The following provisions of Indian Constitution obstruct Centre-State cooperation (Cooperative Federalism):

• The Parliament can legislate on matters that don’t fall under any List.
• The Parliament can also legislate upon issues in the State List after the Rajya Sabha passes a resolution deeming it necessary in the national interest.
• Parliament can also legislate during the Proclamation of Emergency.
• When there is an inconsistency between a law made by the Parliament and the state legislature, the latter will be rendered invalid to the extent it is repugnant to the former.
• The Inter-State Council can make recommendations but it is not empowered to enforce or implement them.
• The Parliament is empowered to enact laws to give effect to international agreements but the Centre does not consult or represent the states while entering such agreements.
• The Governor holds office till he enjoys the President’s pleasure.
• States are not represented equally in council of states but by the strength of their population.
• The provisions related to the imposition of the President’s Rule in a state and the President’s power to assent to bills of a state legislature when referred by the Governor.