Centre State Relations

• The core of federalism constituted as centre state relations have been enumerated in
Part XI (legislative and administrative relations) and Part XII (Financial relations)

Legislative functions

Art 245- Territorial Jurisdiction (w.r.t legislative measures what is the power of state
and centre)

• POI - complete territory

• State - Only state

• POI - Extra Territorial Power Applicable to Indian Citizens and properties outside

Art 246

• Seventh Schedule - This schedule deals with the three legislative lists:

1. Union- 100 subjects (Previously 97 subjects)

2. State- 61 subjects (Previously 66 subjects)
3. Concurrent - 52 subjects (previously 47 subjects)
 Union, state and concurrent subjects can be altered only by amendments- no
recommendation of president is needed.
 42nd amendment Act 1976 shifted below mentioned five subjects from State list to
Concurrent List:
1. Education
2. Forests
3. Protection of wild animals and birds
4. Weights and measures and
5. Administration of justice, constitution and organisation of all courts, except
the Supreme Court and the high courts.
 In case of a conflict between union and the state law relating to the same subject,
the union law prevails
Art 248

 Legislative power with extra residual subjects.

 Powers to legislate on subjects not mentioned in any of the three subjects is with
parliament.

Art 249

 Power of Parliament to legislate with respect to a matter in the State List in the
national interest
 Eg: state roads under state control. It will become national interest when central
govt proposes to change SH to NH. State nod is not necessary.

Art 250

 Parliament Can make laws in state list during emergency.

Art 252

 2 or more states when request parliament to make laws in the state list ( only on
requested states)

Art 254

 Inconsistency between laws made by Parliament and laws made by the Legislatures
of States.

Administrative functions

Art 256

 The executive power of every State shall be so exercised as to ensure compliance

with the laws made by Parliament.
 Parliament laws must be obeyed by states.
Art 257

 257(1)- The State has to exercise its executive powers in such a manner that it does
not impede, disturb or override upon the powers of the Union.
 257(2)- The Union has the power to direct the State to construct and maintain
means of communication which may be necessary for military or national
importance.
 This clause has a provison which states that this clause does not limit or restrict the
Union from covering the subject under Union List and it may at any time, declare a
highway or waterway as a national highway or national highway respectively
 257(3)- Union can take steps to protect and maintain railways within a State.

Art 262
 Deals the Inter State Water Dispute which reads

" Adjudication of Disputes relating to water of inter-state rivers or river valleys"

 If negotiations don't work out tribunal will be put up. They will give verdict. Now
cauvery - 3rd verdict.
 The resolution of the water dispute is governed by the Inter- State Water Dispute
Act. 1956.
 According to which if the State Government makes a request regarding any water
dispute and the Central Government is of the opinion that water dispute can not be
settled by negotiations, then a Water Dispute Tribunal is constituted for the
adjudication of water dispute.
 Following are the major active Inter-state-water disputes Tribunals in India
 Cauvery Water Disputes Tribunal States - Kerala.
 Karnataka, Tamil Nadu, Puducherry Godavari Water Dispute Tribunal Status-
Maharashtra AP MP Orissa and Karnataka
 Krishna Water Dispute Tribunal States - Karnataka Telangana. MAP Maharashtra
 Ravi and Beas Water Tribunal States - Punjab, Haryana, Rajasthan
 Narmada Water Dispute Tribunal States- Rajasthan. MP. Gujarat, Maharashtra

Art 263

 Deals with Inter-state council. dispute other than water. State to state and state to
centre.
 Article 263 contemplates the establishment of an Inter-State Council to effect
coordination between the states and between Centre and states
 Thus, the President can establish such a council if at any time it appears to him that
the public interest would be served by its establishment.

Financial functions

Grants-in-Aid: Besides sharing of taxes between the Central Government and the
States, the Constitution of India provides for Grants-in-aid to the States from the
Central resources. Grants in aid seperated w.r.t budget. It differs from state to state.

There are two types of grants:

1. Statutory Grants: These grants are given by the Parliament out of the Consolidated
Fund of India to such States which are in need of assistance. Different States may
be granted different sums.
 Specific grants are also given to promote the welfare of Scheduled Tribes in
a state or to raise the level of administration of the Scheduled areas therein
(Art. 275)
2. Discretionary Grants: Central Government provides certain grants to the States on
the recommendations of the Planning Commission which are at the discretion of
the Union Government.
 These are given to help the State financially to fulfill plan targets (Art.282).

Art 360

 Financial emergency
 Union directs the states.