Administrative Relations between Centre and State (Art. to ) – Civilsdaily
Centre-State Relations. The Working of Indian Federalism. Introduction. “ Personally, I do not attach any importance to the label which may be attached to. The First Book of Constitution of India is Located at Parliament Library .. From Australia- Concurrent List, Centre-State relationship, Language of the Preamble . childhood care and education for all the children until they complete the age of . The Indian constitution provides for a new kind of federalism to meet India's peculiar needs. Autonomy to Centre and States (legislative powers) etc. if he had more than two living children, though a similar provision was.
Under Art A, the State can also, with the consent of the Union government, confer administrative functions to the Union. In respect of matters in the Concurrent list, executive powers rest with the State, except when a constitutional provision or a Parliamentary law specifically confers it to the Centre.
The State has the authority to suspend the officials of All India Services, but the power of appointment and taking disciplinary action against them vests only with the President of India. The idea of having an integrated well-knit All India Services to manage important and crucial sectors of administration in the country was incorporated in our Constitution.
Their recruitment, training, promotion, disciplinary matters are determined by the Central government.
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Though, it can be argued that the All India Services violate the principle of federalism, but such an arrangement, wherein a person belonging to the All India Service being responsible for administration of affairs, both at the Centre and States, brings cooperation in administration and helps to ensure uniformity of the administrative system throughout the country.
When two or more states, through a resolution to that effect, in their respective legislatures agree to have one such Commission, the Parliament may by law, provide for a Joint Commission.
There is also a provision in the Constitution, wherein on request by two or more States, the UPSC can assist those states in framing and operating schemes of joint recruitment to any service for which candidates with special qualifications are required.
India is a Union of States, wherein the Centre plays a prominent role, but at the same time is dependent on the States for the execution of its policies. The Constitution has provided for devices to bring about inter-governmental cooperation, effective consultations between the Centre and States so that all important national policies are arrived at through dialogue, discussion and consensus.
One such device is the setting up of the Inter-State Council. The President is given powers under Article of the Constitution to define the nature of duties of the Council. The Council is to inquire into and advise upon disputes, which may have arisen between the States. In addition, it may investigate and discuss subjects of common interest between the Union and the States or between two or more States, in order to facilitate co-ordination of policy and action. The inter-state council was set up under Article of the Constitution in In State of MP versus GC Mandawar, it was held that two laws enacted by two different governments and by two different legislatures could be read neither in conjunction nor by comparison for the purpose of finding out if they were discriminatory.
Principles of interpretation of lists The distribution of subject-matters cannot be claimed to be scientifically perfect and there happens to be overlapping between the subjects enumerated in the three lists. Whether a particular subject falls in the sphere of one or other government i.
Plenary power of legislature It is an absolute power to enact laws even if it is contrary to any understanding or guarantee is given by the statesubject only to its legislative competence and other constitutional limitations. No limitation can be read on the ground of legislative practice or legitimate expectations.
Each general word in an entry should be construed to include all ancillary or subsidiary matters which can fairly and reasonably be said to comprehend it. The following points are important to understand the nature of plenary power: The retrospective application of law thereby removing the basis of earlier judicial decision i.
However, the legislature cannot by bare declaration, without anything more, reverse or override a judicial decision. Often the question arises as to whether or not the legislature enacting the law has transgressed the limits of its constitutional powers. Such transgression may be patent, manifest or direct, but it may also be disguised, covert and indirect. The doctrine of colorable legislation is applied when the transgression is disguised, covert and indirect. If the law enacted by the legislature is found in substance and in reality beyond the competence of the legislature enacting it, it will be ultra vires and void, even though it apparently purports to be within the competence of the legislature enacting it.Centre State Relations
It is the substance of the act that is material and not merely the form or outward appearance. If the legislature has the power to make law, motive in making the law is irrelevant.
A thing is colorable which in appearance only and not in reality, what it purports to be.
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The propriety, expediency, and necessity of a legislative act are for the determination of the legislative authority and are not for determination by courts. It is not too often that a law is declared bad on the ground of colorable legislation.
Further, if a statute is found to be invalid on the ground of legislative incompetence, it does not permanently inhibit the legislature from re-enacting the same if the power to do so is properly traced and established.
In State of Bihar verses Kameshwar Singhthe court held that the Bihar Land Reforms Act, apparently purported to lay down rule for determination of compensation but in reality it did not lay down such rule and indirectly sought to deprive the petitioner of his property without any compensation and hence it was a colorable legislation and invalid.
Arrears of the rent due to the landlord prior to the date of acquisition were to vest in the state, and half of these arrears were to be given to the landlord as compensation.
It was held that this is naked confiscation, no matter in whatever specious form it may be clothed or disguised. The impugned provision, therefore, in reality, does not lay down any principle for determining the compensation to be paid for acquiring the arrears of rent.
Inconsistency or Repugnancy between union and state laws Article Clause 7: The union law may have been enacted prior to the state law or subsequent to the state law. Enacts an exception to the rule of clause 1. Provided that nothing in the clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding, amending, varying or repealing state law.
However, the proviso to article 2 lays down that parliament may again supersede state legislation which has been assented to by the president under clause 2 by making a law on the same matter. It is important that the later union legislation must deal with the same matter as of earlier state legislation and not distinct matter, though of cognate and allied character.