CENTRE- STATE RELATION IN

INDIA
• THE CONSTITUTION OF INDIA DIVIDES ALL POWERS- LEGISLATIVE, EXECUTIVE
AND FINANCIAL BETWEEN THE CENTRE AND THE STATES
MAXIMUM HARMONY AND COORDINATION CENTRE AND STATE IS ESSENTIAL
FOR THE EFFECTIVE OPERATION OF THE FEDERAL SYSTEM. THEREBY, THE
CONSTITUTION INCORPORATES SEVERAL PROVISIONS TO ENSURE THIS.

Centre-state
relations

Legislative Administrative Financial

relations relations relations
LEGISLATIVE RELATIONS
Territorial extent of central and state legislation
Distribution of legislative subjects
Parliamentary legislation in the state field
Centre’s control over state legislation
TERRITORIAL EXTENT OF CENTRAL AND
STATE LEGISLATION
Parliament can make law for the whole or any part of the territory of India
(territory includes union, state, UT)
State legislature can make laws for the whole or any part of the state. Laws
made by the state are not applicable outside the state, except when there is
sufficient relation between the state and object
Parliament can alone make ‘extra-territorial’ legislation
Instances when laws made by the Parliament are not applicable:
o President can make regulations which has a same effect as that of the law made by parliament for- Andaman and Nicobar
islands, Daman and Diu, Dadra and Nagar Haveli and Lakshadweep
o Governor is empowered to direct that an act of parliament does not apply to a scheduled area in the state or apply with
specified modifications and exceptions – Vth Schedule
o Governor of Assam can likewise direct that an ac of Parliament does not apply or apply with some modification. The same
power is vested in President in relation to Meghalaya, Tripura and Mizoram – VIth Schedule
DOCTRINE OF TERRRITORIAL NEXUS
According to the Doctrine of Territorial Nexus, laws made by a state legislature are not
applicable outside that state, except when there is a sufficient nexus between the state and
the object.
This doctrine derives its authority from Article 245 of the Indian Constitution.
Wallace Brothers & Co. Ltd. v. Commissioner of Income-tax, Bombay City and Bombay
Suburban District- a company that was registered in England was a partner in a firm in India.
The Indian Income-tax Authorities sought to tax the entire income made by the company. The
privy council applied the Doctrine of Territorial Nexus and held the levy tax valid.
RMDC Case
 Tata Iron & Steel Company v. State of Bihar AIR 1958 SC 452, the Supreme Court held
that although the tax was on a completed sale, one or more of the several ingredients
constituting the sale could furnish the connection between the taxing statute and the sale.
Existence of the goods within the State at the time of contract of sale and in the case of sale
by the producer or manufacturer, the production or manufacture of goods in the State were
held to be sufficient nexus to sustain the legislation impugned
DISTRIBUTION OF LEGISLATIVE SUBJECTS
Constitution provides for three-fold classification- union list, state list and concurrent list
Parliament has exclusive powers vis-à-vis the union list
State legislature in normal circumstances has exclusive powers to make laws with matters
enumerated in the state list
Both state and centre can make laws on matters enumerated in the concurrent list
Power to make laws with residuary subject is vested in the Parliament
Union list has precedence over state list and concurrent list has precedence over state list
In case of conflict between central law and state law on a subject enumerated in the concurrent
list, the central law prevails over the state law.
However, if the state law has been reserved for the consideration of the president and has
received his assent, then the state law prevails in the state. Still, parliament can override the
state law by subsequently making a law on that matter
DOCTRINE OF PITH AND SUBSTANCE
The doctrine places emphasis on the fact that it is the real subject matter which is to
be challenged and not its incidental effects on another field. Pith denotes the ‘essence
of something’ or the ‘true nature’, while substance states ‘the most significant or
essential part of something’.
Pith and Substance means the true nature of law. The real subject matter is
challenged and not its incidental effect on another field.
The doctrine has been applied in India also to provide a degree of flexibility in the
otherwise rigid scheme of distribution of powers.
FN Balsara Case
Prafulla Kumar v. Bank of Commerce
Money Lending LII E27 | Promissory Note LI E28
DOCTRINE OF INCIDENTAL OR ANCILLARY
POWERS
The doctrine of incidental or ancillary powers indicates that if a legislative body has the power to legislate on a
particular matter, then they have the power to legislate on ancillary topics related to that matter.
Unless that ancillary topic is mentioned explicitly under the jurisdiction of another legislative body.
Concept Of Doctrine Of Incidental Or Ancillary Powers
 This doctrine helps the judiciary determine if the statute made by a legislative body is valid or not along with the doctrine of Pith and Substance.
 What this means is that the authority to legislate on a subject includes the ability to legislate on ancillary subjects that are reasonably related to
that subject.
 For example, the power of the central government to impose income tax would include the ability to examine and seize property in order to prevent
income tax evasion.
 Powers connected to banking, on the other hand, cannot be extended to non-banking businesses.
 However, a subject cannot be considered auxiliary if it is specifically specified in a State or Union list. For example, pilgrimage is a state subject
but it cannot include pilgrimage outside India is not ancillary as it is a separate entry in the Union List.

Ancillary matter which can be reasonably included are considered as valid for legislation as held in State of
Rajasthan v. G Chawla
the state of Rajasthan made a law restricting the use of sound amplifiers. This law was violated by the respondent and
the act was impugned by the judicial magistrate. On further appeal to the Supreme Court, the state argued that the law
was within the legislative competence of the state legislature under the entry 6 of list II, i.e. the power to legislate in
relation to public health includes the power to legislate in relation to public health includes power to regulate use of
amplifier as it produces loud noise whereas the opposition argued that amplifiers came under entry 31 list I i.e. post and
telegraphs; telephones; wireless; broadcasting and other like forms of communication. The court decided that amplifier
did not fall under entry 31 of list I even though the amplifier is an apparatus for broadcasting and communication the
legislation in its pith and substance was on state matter and it was not held invalid even if it incidentally encroached upon
the subject of broadcasting and communication.
PARLIAMENTARY LEGISLATION IN STATE
FIELD
Constitution empowers the Parliament to make laws on any matter enumerated in
the state list under the following five extraordinary circumstances:
I. If Rajya Sabha passes a resolution supported by a 2/3rd members present and voting empowering parliament to
make a law on a matter enumerated in the state list in the best interest of the country. Such a resolution stays in effect
for a year. Such a resolution can be renewed any number of times but not for more than a year at a time. The laws
made under this cease to have an effect after expiration of six months of the resolution. However, state can make a
law on the same subject, but if there is an inconsistency between state and union law, the latter prevails
II. When a proclamation of National emergency is in vogue then the Parliament can legislative on a matter enumerated
in state list. The laws made under this cease to have an effect after expiration of six months of national emergency.
Here also, a state law can make a law on the subject, however, the union law would prevail if there is any
inconsistency
III. When states make a request for Parliament by passing a resolution to that effect than Parliament becomes empowered
to legislate on matters enumerated in the resolution. Once this resolution is passed, the state forfeits every right with
regards to that subject
IV. Parliament can enacts laws on matters enumerated in the state list so as to enforce international agreements
V. Parliament becomes empowered to enact a law on the state matter during the time of operation of President’s rule.
The law made during this time would continue even after the expiration of the president’s rule. However, the state can
later pass an act to either modify, or nullify the act as it sees fit
CENTRE’S CONTROL OVER STATE
LEGISLATION
Constitution has empowered the centre to exercise control over the state’s
legislative matters in the following ways:
Governor can reserve certain types of bills passed by state legislature for the consideration of
the president. The president enjoys absolute veto over them
Bills on certain matters enumerated in the state list can be introduced in the state legislature
only with prior recommendation of the President. Ex: Inter-state Trade And Commerce
During a financial emergency, president can call upon a state to reserve money bills and other
financial bills for his consideration
DOCTRINE OF REPUGNANCY
The doctrine of repugnancy is basically when two pieces of legislation have a conflict between
them and when are applied to the same facts but they produce different outcomes or results.
When provisions of 2 laws are so contrary and disconfirmed that it becomes difficult to do one
without opposing the other, this is a situation where repugnancy arises
Article 254 of the Indian Constitution establishes successfully the Doctrine of Repugnancy in
India.
The doctrine of repugnancy, in accordance with Article 254, states that if any part of State
law is repugnant or conflicting to any part of a Central law which the Parliament is competent to
enact, or to any part of a law of the matter of List III, then the Central law made by the
Parliament shall prevail and the law made by the State legislature shall become void, to the
extent of its repugnancy
 DOCTRINE OF COLOURABLE LEGISLATION
• Doctrine of Colorable Legislation means that if a legislature lacks the jurisdiction to enact laws on a specific
subject directly, it cannot make laws on it indirectly. In simple words, the doctrine checks if a law has been
enacted on a subject indirectly when it is barred to legislate on that topic directly.
• ‘Quando aliquid prohibetur ex directo, prohibetur et per obliquum’.
• This is designed to prevent the legislature from doing anything that has been explicitly forbidden from being
done indirectly or secretly. The expression “Colourable Legislation” means “what can’t be done directly, can’t
be done indirectly as well”
• Separation of powers entails the division or sharing of power. The Constitution states that each of these organs
should exercise diverse powers in order to prevent the misuse of authority by any of the government's organs.
• As a result, a system of checks and balances emerges. With respect to their respective subjects, the
Constitution has split powers between the federal government and the states.

• Article 246 of the Indian Constitution deals with subject matter legislation, which refers to who has the
authority to create laws in relation to particular subject matter.

• However, the legislative body occasionally passes laws that are outside of its purview. This signifies it has
overstepped its bounds and done something indirectly that could not have been done directly.

• This is known as a colourable legislation of legislative power or establishing laws indirectly while doing so
directly is illegal.
 DOCTRINE OF COLOURABLE LEGISLATION
For example, the constitution provides reservation to only social and educationally backward
communities.
So any attempt to declare the socially forward communities as backward communities and extend the
reservation becomes coloured legislation.
In the case of M.R. Balaji v. The state of Mysore, an order of the Mysore Government was
challenged under Article 15(4) for reserving seats for admission to the State medical and engineering
colleges. The state issued an order that all the communities except the Brahmin community, fell within
the classes of educationally and socially backward classes and scheduled castes and scheduled tribes
and 75% seats were reserved for them. On July 31, 1962 the State of Mysore passed another order
which superseded all the previous orders and left only 32% seats for the merit pool. The petitioner
said that the classification made by the state was irrational and reservation of 68% was a fraud on
the Article 15(4) of the Constitution. The question was whether Article 15(4) gives constitutional power
to the States to pass such reservation power or not. The court held that the reservation is a fraud on
the constitutional power conferred on the state by Article 15(4).
 DOCTRINE OF HARMONIOUS CONSTRUCTION
According to this rule, a statute should be read as a whole and one provision of the Act should be construed with reference to other provisions in the same
Act so as to make a consistent enactment of the whole statute. Such an interpretation is beneficial in avoiding any inconsistency or repugnancy either within a
section or between a section and other parts of the statute. The five main principles of this rule are:
1. The courts must avoid a head on clash of seemingly contradicting provisions and they must construe the contradictory provisions so as to harmonize them.
2. The provision of one section cannot be used to defeat the provision contained in another unless the court, despite all its effort, is unable to find a way to reconcile their differences.
3. When it is impossible to completely reconcile the differences in contradictory provisions, the courts must interpret them in such as way so that effect is given to both the provisions as much as
possible.
4. Courts must also keep in mind that interpretation that reduces one provision to a useless number or dead is not harmonious construction.
5. To harmonize is not to destroy any statutory provision or to render it fruitless.

In M.S.M. Sharma v. Krishna Sinha, the same rule was applied to resolve the conflict between Articles 19(1)(a) and 194(3) of the Constitution and it was held that the right of freedom of
speech guaranteed under Article 19(1)(a) is the read as subject to powers, privileges and immunities of a House of the Legislature which are those of the House of Commons of the United
Kingdom as declared by the latter part of Article 194(3).

Gujarat University v. Krishna Ranganath Mudholkar:

 The question over here dealt with a conflict between Entry 66, List I and Entry 11, List II (which dealt with education). The petitioner was a student in the first year in the B.A. degree who sought
admission into the Arts department in the English Medium. According to a statute of the University, the sole media of instruction that could have been prescribed by the Government were either Gujrati
or hindi, and as a result of a directive issued by the Central Government, it had been decided to change over to English.
 Entry 11, List II (As it then was): “Education, including Universities, subject to the provisions of Entries 63, 64, 65 and 66 of List I, and Entry 25 of List II”
 Entry 66, List I: “Co-ordination and determination of standards of higher education”.
 JUDGEMENT : The ‘subject to’ clause places the Parliament at a position superior to that of the state. This allows parliament to make laws on a wide variety of matters in respect of the state legislature.
 The Union Government, by virtue of the ‘subject to’ clause, has an overriding power to ensure that the syllabi, courses of study, and mediums of instruction of both languages do not impair standards.
 Even though exclusive lists have been affected by the Constitution, it is still within the power of the Union to legislate on matters pertaining to education.
 Therefore, it is important to examine the ‘pith and substance’ of the law.
 If there would have been any Union legislation in respect of co-ordination and determination of standards, then such law would have paramount over the state law by virtue, not of the provisions of
Article 246, but Article 254.
DELEGATED LEGISLATION
Since the Parliament cannot deal with every aspect of the governance system by themselves, they
delegate these functions to the authorities established by law. This delegation is noted in statutes,
commonly called delegated legislations.
E.g. - Regulations and by-laws (law made by a local authority which applies only in its area) under
legislations.
The SC in Hamdard Dawakhana v Union of India (1959) case struck down delegation of powers on the grounds
that it was vague.
It held that the Centre’s power of specifying diseases and conditions under Drug and Magic Remedies (Objectionable Advertisements)
Act 1954 is ‘uncanalised’, ‘uncontrolled’, and going beyond the permissible boundaries of valid delegation. Hence, the same was
deemed unconstitutional.

Delegated Legislation in Demonetisation Case

As per the RBI Act, 1934 (Section 26(2)) the Central govt. is empowered to notify ceasing a particular denomination of
currency as legal tender.
Parliament, here, has delegated the power to alter the nature of legal tender to the central govt. which the latter exercised
by issuing a gazette notification (legislative basis).
This delegation of power to the Centre was challenged on the basis that Section 26(2) contains no policy guidelines on how
the Centre can exercise its powers, thus it is arbitrary (and unconstitutional).
SIGNIFICANCE AND CRITICISM OF DELEGATED
LEGISLATION
Significance:
 It allows flexibility and adaptability in the law-making process. By delegating certain powers,
the legislature can respond more quickly and efficiently to changing circumstances and emerging issues.
 Delegated authorities with extra skills, experience, and knowledge (in fields like technology, environment
etc. where the Parliament may not always have an expertise) are more suitable for making law.

Criticism:
 It can lead to a lack of accountability/transparency in the law-making process as laws made by executive
agencies/administrative bodies are not subjected to the same level of public scrutiny and debate as laws
made by legislature.
 Additionally, it can also lead to a concentration of power in the executive and administrative branches of
government, which may undermine the principle of separation of powers.
 However, certain types of delegated legislation, such as ordinances must be approved by the
legislature.
ADMINISTRATIVE RELATIONS ART. 256-
262
The Executive Power Has Been Divided Between The Centre And The States On
The Lines Of Distribution Of Legislative Powers
The power of the centre extends to the whole of India on matters where it has
exclusive jurisdiction (union list) and to the exercise of rights, authority and
jurisdiction conferred on it by any treaty or agreement
The jurisdiction of the state extends to those matters enumerated in the state list
In matters related to concurrent list, the executive power rests with the states
Obligation Of States To The Centre (Art. 256-257):
• State’s executive power has to be conducted in such a way so as to ensure compliance with the laws made by the
Parliament - And not to impede or prejudice the exercise of executive power of the centre in a state
• These directions are coercive in nature (Article 365) since any failure to abide by them could invite the use of Article 356
Centre has been empowered to issue advice to states in the following instances:
a) Construction and maintenance of means of communication declared to be of national importance or military importance
by the state
b) Measures to be taken for the protection of the railways within the state
c) Provision of adequate facilities for instruction in the mother-tongue at the primary stage of education to children
belonging to linguistic minority groups
d) The drawing up and execution of the specified schemes for the welfare of the ST in the states
e) The coercive sanction behind the central directions under Article 365 is also applicable in this case
MUTUAL DELEGATION OF FUNCTIONS:
The constitution provides for inter-governmental delegation of executive
functions in order to mitigate the rigidity and avoid a situation of deadlock
The President with the consent of the state government may delegate the executive functions
of the union to the state
The governor with the consent of the central government may delegate the executive
functions of the state to the union
This mutual delegation could be either conditional or unconditional
The constitution also provides for delegation of union executive functions to the state without
the consent of the state. However, such delegation is made by Parliament and not President.
However, a state cannot delegate its executive power in the same way
COOPERATION BETWEEN THE CENTRE
AND THE STATES:
The following provisions have been included to secure cooperation and coordination
between the centre and the states. Parliament can provide for the adjudication of
any dispute or complaint with respect to the use, distribution and control of waters of
any inter-state river and river valleys

a) President can establish an Inter-state council to investigate and discuss subject of common interest
between the centre and the states (Art 263)
b) Full faith and credibility is to be given throughout the territory of India to public acts, records and
judicial proceedings of the centre and every state (Art 261)
c) Parliament can appoint an appropriate authority to carry out the purposes of the constitutional
provisions relating to the interstate freedom of trade, commerce and intercourse
 ALL-INDIA SERVICES
In 1947, the colonial Indian Civil Service (ICS) and Indian Police (IP) was replaced by Indian Administrative
Service (IAS) and Indian Police Service (IPS) respectively
In 1966, Indian forest service (IFS) was created as the third All-India service
Article 312 of the Indian constitution enables Parliament to create an All-India service based on a resolution
passed by the Rajya Sabha to that effect
These three form a single service with common rights and status and uniform scales of pay throughout the
country

Importance of AIS:
help in maintaining high standard of administration in the
centre as well in the states
help to ensure uniformity of the administrative system
throughout the country
they further liaison, cooperation, coordination and joint
action on the issues of common interest between the centre
and the states
PUBLIC SERVICE COMMISSION
In this field, the centre-state relations is as follows:
Chairman and members of the state public service commission are appointed by the
governor, however, they can only be dismissed the President
Parliament can appoint a joint public service commission if two or more states request
for it, in such cases, President appoints the chairman and members of the state public
service commission
UPSC can serve the needs of the state public service commission on the request of the
governor and the approval of the President
UPSC assists the states in framing and operating schemes of joint recruitment for any
services for which candidates possessing special qualifications are required
DOCTRINE OF PLEASURE
In England, the Crown is regarded as the Executive head and the civil services are part of the
Executive.
The doctrine of Pleasure means that the Crown has the power to terminate the services of a
civil servant at any time they want without giving any notice of termination to the servant.
Thus the civil servants work at the pleasure of the Crown which can remove them at any time.
When the civil servants are removed from their service, they do not have the right to sue the
Crown for wrongful termination and they also cannot ask for damages undergone due to
wrongful termination.
This doctrine is based on the concept of public policy and whenever the Crown feels that a
civil servant should be removed from his office because keeping him will be against public
policy, the Crown can remove such servant.
According to Article 310, except for the provisions provided by the Constitution, a civil
servant of the Union works at the pleasure of the President and a civil servant under a State
works at the pleasure of the Governor of that State. This implies that the operation of the
Doctrine of Pleasure can be limited by constitutional provisions. Under the constitution, the
following are excluded from the operation of this doctrine:
Judges of the Supreme Court;
Judges of the High Courts;
Chief Election Commissioner; and
Comptroller and Auditor General of India.
THIS DOCTRINE IS NOT ABSOLUTE AND IS SUBJECT TO
CONSTITUTIONAL PROVISIONS
1. No dismissal by subordinate authority
Under Clause 1 of Article 311, a civil servant can only be removed from his services by the
authority who had appointed him or some other person who has the same authority or rank as the
appointing authority. So, any person who is subordinate in authority to the appointing authority,
cannot remove a civil servant and in case he does remove him, the removal will not be valid.
2. The reasonable opportunity of being heard
Under Clause 2 of Article 311, the civil servants are provided with the right of being heard. This
right embodies the principle of natural justice by giving a chance to the civil servant to prove his
innocence.
As per this Clause, to remove a civil servant from his post the following steps should be followed:
Holding an enquiry in the allegations made against the civil servant. This enquiry is known as departmental enquiry;
Providing the accused civil servant with the information about what charges have been levelled against him;
Providing such a civil servant with a reasonable chance of being heard in the case.
WHO HAS THE RIGHT TO THESE PROTECTIONS
While these protections are provided to the people working for the Government, all
the Government servants cannot avail of these protections. Thus, only certain people
have the right to be protected under the provisions of Article 311.
These are The members of:
 Civil service of the Union;
 All India Service; and
 Civil service of any State.
 People who hold a civil post under the Union or any State.

By the words civil services it has been made clear that the members of the Armed
Forces are not part of the servants who are covered under the provisions in the
Constitution, related to Civil Servants. In the case of Purshottam Lal Dhingra v.
Union of India, it was held that the protection provided under Article 311 to the civil
servants includes permanently employed civil servants as well as temporarily
employed civil servants.
EXCEPTIONS TO THE PROTECTION
If the civil servant has been found guilty of a criminal offence, in such cases the protection
under Article 311 cannot be availed for him and in such cases, he can be removed for
misconduct without getting a chance of being heard.
In cases where the disciplinary charged with the task of looking into the allegations made
against the civil servant, thinks that it is not practicable to hold an enquiry for the same, he
has the power to not to hold such an enquiry. In the case of Union of India and Another vs Tulsiram
Patel and Others on 11 July, 198, explained the scope of this exception. The Court observed that for determining the
impracticability of holding the enquiry the point of view of a reasonable man has to be used. If a reasonable man who is in
this situation thinks that holding such an enquiry is not practicable, then not holding such enquiry will not amount to a violation
of Article 311.

Security Of The State - This right is given to the President and the Governor as the case may
be and whenever the President or the Governor is satisfied that it is not in the interest of the
security of State to hold an enquiry, such an enquiry can be stopped from taking place. Here,
actual threat to the security is not the focus of this exception but only the satisfaction of the
President or Governor about the risk of threat to security is enough to invoke this exception.
This exception appears to be a loophole against the protection to civil servants because
satisfaction is a subjective concept and therefore what a person may consider being a threat
might not be regarded to be the same by another person.
IINTEGRATED JUDICIAL SYSTEM
An integrated judicial system has been setup even though India has a dual polity
This single system of court enforces both the central as well as the state laws
The judges of a high court are appointed by the President of India in consultation
with the Chief Justice of India and governor of the state. They can also be removed
or transferred by the President
Parliament has been authorized to setup common high courts for two or more
states
RELATIONS DURING EMERGENCY
During National emergency, the center can issue directions to a state on any matter
During President’s rule, the president can assume to himself the functions of the state
government and powers vested in the governor or any other executive authority in the
state
During financial emergency, the centre can direct the states to observe canons of
financial propriety and the President can give other necessary directions including the
reduction of salaries of persons serving in the state and the high court judges
COMMISSIONS ON CENTRE-
STATE RELATIONS
ADMINISTRATIVE REFORMS
COMMISSION
Establishment of an Inter-state council under Article 263 of the constitution
Appointment of persons having long-experiences in public life and non-partisan attitudes as
governors
Delegated maximum powers to the states
Transferring of more financial resources to the states to reduce their dependency upon the
centre
Deployment of central armed forces in the states either on their request or otherwise
Rajamannar committee appointed by Tamil Nadu government made various recommendation
to address the asymmetry between powers of centre and the state
Punjab through Anandpur Sahib resolution and West Bengal through a memorandum made
similar recommendations to address these asymmetry
Government appointed Sarkaria Commission in 1983 and Punnchi Commission in 2007 to
examine the status of centre-state relations
SARKARIA COMMISSION
Setting up a permanent inter-state council
 Article 356 should be used sparingly
 Institution of all-India service should be strengthened
 Residuary power should remain with the parliament
 Reasons should be communicated to the state when state bills are vetoed by the President
 Centre should have powers to deploy its armed forces, even without the consent of states. However, it is
desirable that the states should be consulted
 Procedure of consulting the chief minister in the appointment of the state governor should be
prescribed in the constitution itself
 Governors should be allowed to complete their term of five years
 Commissioner for linguistic minorities should be activated
PUNCHHI COMMISSION
Giving a fixed term of five years to the governors and their removal by the process of impeachment
Union should be extremely restrained in asserting Parliamentary supremacy in matters assigned to the states
It prescribed certain conditions that one should keep in mind while appointing governors:
i. He should be eminent in some walk of life
ii. He should be a person from outside the state
iii. He should be a detached figure and not connected with the local politics
iv. He should not be connected with politics in recent past
Government should be given a fixed tenure of five years
Procedure given for the impeachment of the President could be made applicable to governor as well
Governor should insist on Chief Minister proving his majority on the floor of the house for which he should prescribe a
time-limit
Bommai case guidelines should be kept in mind while deciding cases related to President’s rule
Inter-state council should be made more use of to further centre-state relations
CONSTITUTION (101ST AMENDMENT) ACT,
2016 : GST
The Constitution contains the Union List and the State List within which the power to levy
separate taxes is given to the Centre and States respectively.
GST was to be levied in such a way that both the Centre and the States received the power
to levy and collect it.
In order to suitably implement the GST legislation, this Act resulted in the insertion,
deletion and amendment of certain Articles of the Constitution.
The following matters were dealt with as a result of these changes:
The delineation of powers to levy and make laws with respect to GST
The applicability and scope of the GST law
The manner of apportionment of revenue from GST among Centre and States
The constitution, powers and duties of the GST Council
The discontinuation of existing taxes to give way for GST
The manner of providing compensation to States for loss of revenue on account of the introduction of GST