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INDIAN CONSTITUTION PROJECT GROUP 8
Samarjot Kaur (00113202721)
Harjot Kaur (01113202721)
Gursimar Sodhi (02813202721)
Brahmjot Singh (03913202721) Submitted to Ms Kamaljeet Kaur
 On August 29, 1947, the Constituent Assembly set up a Drafting
Committee under the Chairmanship of Dr. B.R. Ambedkar to prepare a
Draft Constitution for India.
 the constitution of India (iast: bhāratīya saṃvidhāna) is the supreme law of
India. the document lays down the framework that demarcates fundamental political
code, structure, procedures, powers, and duties of government institutions and sets
out fundamental rights, directive principles, and the duties of citizens. it is the
longest written national constitution in the world.
CENTRE
GOVERNMEN
T
 In India, before the formation of
the federation the States were not
sovereign entities. As such, there
was no need for safeguards to
protect States. On account of the
exigencies of the situation, the
Indian federation has acquired
characteristics which are quite
different from the American
model.
This Photo by Unknown author is licensed under CC BY-SA.
CENTRE STATE
RELATIONS
The Constitution of India provides a dual polity with
a clear division of powers between the Union and the
States, each being supreme within the sphere
allotted to it. The Indian federation is not the
result of an agreement between independent units,
and the units of Indian federation cannot leave the
federation.
Thus the constitution contains elaborate provisions
to regulate the various dimensions of the relations
between the Centre and the states.
legislative
administrative
financial
Articles 245 to 255 in Part XI of the Constitution deal with the legislative
relations between the Centre and the State. Besides this there are some other
articles dealing with same subject.
Thus, there are four aspects in the Centre-State legislations
 Territorial extent of Central and State legislation.
 Distribution of legislative subjects.
 Parliamentary legislation in the state field and
 Centre's control over state legislation.
Articles 256 to 263 in Part XI of the Constitution deal with the administrative
relations between the Centre and the states. In addition,
There are various other articles pertaining to the same matter
 Distribution of Executive Powers
 Obligation of States and the Centre
 Centre's Directions to the states
 Mutual Delegation of Functions
 Cooperation between the Centre and States
 Relations during emergencies
FINANCIAL RELATIONS
Articles 268to 293 in Part XII of the Constitution deal with Centre-state financial
relations. Besides these, there are other provisions dealing with the same subject.
These together can be studied under the following heads.
 Allocation of Taxing powers
 Distribution of Tax Revenues
 Grants-in-Aid to the States
 Protection of the State's Interest
 Effects of emergencies
Central Government State Government
 A political authority that
an entire country or nation is a
central government.
 A unit of government that is specific
a state is a state government.
 The government for the entire
country.
 The government of a specific state
 Regulates the trade between the
states and with other countries
 Regulates the trade within the state
borders
 Deals with national security
and international diplomacy
 Related with the progress,
development, law, and order
 Do not have to obey the
instructions of State
Government
 Obeys the instructions of central
government
 Has a president to execute all  Has a governor to execute all
Some of the major powers of
central government are as
follows:
•Create and maintain armed forces
•Establish foreign policies
•Establish post offices
•Declare wars
Some of the major powers of state
government are:
• Issues permits and licenses.
• Conduct elections.
• Establish local government
• Regular commerce within the state.
 ARTICLE 246-The provision deals with the subject matters on which the Centre
and states can make laws. List-I deals with the subjects on which the Centre can
make laws. List-II deals with subjects on which states can make laws. List-III
deals with subjects on which both can make laws.
 ARTICLE 246A-The provision relates to GST. No authority had the had the
power to levy GST since the same was not mentioned in the 7th schedule.
 ARTICLE 256-This provision makes it an obligation on part of the state
governments to ensure compliance with laws made by the Parliament and also
gives power to the Central Government to give directions to states as it may deem
necessary.
 ARTICLE 258-The provision empowers the Centre to confer and entrust powers to
a state even in matters where the Union has executive powers.
This relationship of trust and faith between the Centre and
states would lead India towards becoming a cooperative
federal nation. The separation of powers on different
matters would yield better results since it would not lead to
the overlapping of activities and thus, a proper mechanism
would be in place. It will maintain:
Harmony between Centre and state
Better role of states
Lesser burden on the Centre
Inclusion of different sections of society
The COVID-19 has severely strained federal relations in certain
aspects. In the context of finance, PM-CARES Fund was brought
under the ambit of CSR, however, the same was not done for state-
based funds. As a result, companies were more inclined to make
donations to the Centre than states which led to a financial crisis for
many states. Moreover, the GST dues of states not being paid by the
Centre added to the problem.
In terms of administrative relations, many states felt that there has
been discrimination by the Centre in terms of distributing medical
equipment and vaccines, though the truth cannot be established.
Further, as regards the legislative relations, states were not consulted
in many matters which were stipulated in the statutes; they were
bound to follow the orders of the Centre which strained the relations
between the Centre and states.
India has a federal structure but also has huge regional disparities. In this sense,
different authority at Centre and state was necessary to cater to the needs of the
country which would have not been possible if it had been a unitary government.
Accordingly, certain provisions of the Indian Constitution provide for centre-state
relations. These Centre-State relations have been instrumental in developing the
country as already discussed above. It has helped in better governance of the
country, a better mechanism for administration and inclusion of different groups
into the mainstream society.
Moreover, in contemporary times, an active role is played by the state which
further leads to better administration. The different provisions of the Constitution
have also played an important role since, without these provisions, there would
have been a lot of chaos in relation to the distribution of powers between the
Centre and states.
To conclude, it is hopeful that the Centre-state relations strengthen with time and
there is enhanced cooperative federalism since it is an important factor for
determining the governance of the country.
 https://legislative.gov.in/sites/default/files/COI_1.pdf
 Mahendra Pal Singh, V.N. Shukla’s Constitution of India, (13th ed., 2017)
 Mamta Rao, Constitutional Law, (2nd ed., 2021)
CENTRE STATE RELATIONS.pptx

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CENTRE STATE RELATIONS.pptx

  • 1. INDIAN CONSTITUTION PROJECT GROUP 8 Samarjot Kaur (00113202721) Harjot Kaur (01113202721) Gursimar Sodhi (02813202721) Brahmjot Singh (03913202721) Submitted to Ms Kamaljeet Kaur
  • 2.  On August 29, 1947, the Constituent Assembly set up a Drafting Committee under the Chairmanship of Dr. B.R. Ambedkar to prepare a Draft Constitution for India.  the constitution of India (iast: bhāratīya saṃvidhāna) is the supreme law of India. the document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. it is the longest written national constitution in the world.
  • 3. CENTRE GOVERNMEN T  In India, before the formation of the federation the States were not sovereign entities. As such, there was no need for safeguards to protect States. On account of the exigencies of the situation, the Indian federation has acquired characteristics which are quite different from the American model. This Photo by Unknown author is licensed under CC BY-SA.
  • 4. CENTRE STATE RELATIONS The Constitution of India provides a dual polity with a clear division of powers between the Union and the States, each being supreme within the sphere allotted to it. The Indian federation is not the result of an agreement between independent units, and the units of Indian federation cannot leave the federation. Thus the constitution contains elaborate provisions to regulate the various dimensions of the relations between the Centre and the states.
  • 5.
  • 7. Articles 245 to 255 in Part XI of the Constitution deal with the legislative relations between the Centre and the State. Besides this there are some other articles dealing with same subject. Thus, there are four aspects in the Centre-State legislations  Territorial extent of Central and State legislation.  Distribution of legislative subjects.  Parliamentary legislation in the state field and  Centre's control over state legislation.
  • 8. Articles 256 to 263 in Part XI of the Constitution deal with the administrative relations between the Centre and the states. In addition, There are various other articles pertaining to the same matter  Distribution of Executive Powers  Obligation of States and the Centre  Centre's Directions to the states  Mutual Delegation of Functions  Cooperation between the Centre and States  Relations during emergencies
  • 9. FINANCIAL RELATIONS Articles 268to 293 in Part XII of the Constitution deal with Centre-state financial relations. Besides these, there are other provisions dealing with the same subject. These together can be studied under the following heads.  Allocation of Taxing powers  Distribution of Tax Revenues  Grants-in-Aid to the States  Protection of the State's Interest  Effects of emergencies
  • 10. Central Government State Government  A political authority that an entire country or nation is a central government.  A unit of government that is specific a state is a state government.  The government for the entire country.  The government of a specific state  Regulates the trade between the states and with other countries  Regulates the trade within the state borders  Deals with national security and international diplomacy  Related with the progress, development, law, and order  Do not have to obey the instructions of State Government  Obeys the instructions of central government  Has a president to execute all  Has a governor to execute all
  • 11. Some of the major powers of central government are as follows: •Create and maintain armed forces •Establish foreign policies •Establish post offices •Declare wars
  • 12. Some of the major powers of state government are: • Issues permits and licenses. • Conduct elections. • Establish local government • Regular commerce within the state.
  • 13.  ARTICLE 246-The provision deals with the subject matters on which the Centre and states can make laws. List-I deals with the subjects on which the Centre can make laws. List-II deals with subjects on which states can make laws. List-III deals with subjects on which both can make laws.  ARTICLE 246A-The provision relates to GST. No authority had the had the power to levy GST since the same was not mentioned in the 7th schedule.  ARTICLE 256-This provision makes it an obligation on part of the state governments to ensure compliance with laws made by the Parliament and also gives power to the Central Government to give directions to states as it may deem necessary.  ARTICLE 258-The provision empowers the Centre to confer and entrust powers to a state even in matters where the Union has executive powers.
  • 14. This relationship of trust and faith between the Centre and states would lead India towards becoming a cooperative federal nation. The separation of powers on different matters would yield better results since it would not lead to the overlapping of activities and thus, a proper mechanism would be in place. It will maintain: Harmony between Centre and state Better role of states Lesser burden on the Centre Inclusion of different sections of society
  • 15. The COVID-19 has severely strained federal relations in certain aspects. In the context of finance, PM-CARES Fund was brought under the ambit of CSR, however, the same was not done for state- based funds. As a result, companies were more inclined to make donations to the Centre than states which led to a financial crisis for many states. Moreover, the GST dues of states not being paid by the Centre added to the problem. In terms of administrative relations, many states felt that there has been discrimination by the Centre in terms of distributing medical equipment and vaccines, though the truth cannot be established. Further, as regards the legislative relations, states were not consulted in many matters which were stipulated in the statutes; they were bound to follow the orders of the Centre which strained the relations between the Centre and states.
  • 16. India has a federal structure but also has huge regional disparities. In this sense, different authority at Centre and state was necessary to cater to the needs of the country which would have not been possible if it had been a unitary government. Accordingly, certain provisions of the Indian Constitution provide for centre-state relations. These Centre-State relations have been instrumental in developing the country as already discussed above. It has helped in better governance of the country, a better mechanism for administration and inclusion of different groups into the mainstream society. Moreover, in contemporary times, an active role is played by the state which further leads to better administration. The different provisions of the Constitution have also played an important role since, without these provisions, there would have been a lot of chaos in relation to the distribution of powers between the Centre and states. To conclude, it is hopeful that the Centre-state relations strengthen with time and there is enhanced cooperative federalism since it is an important factor for determining the governance of the country.
  • 17.  https://legislative.gov.in/sites/default/files/COI_1.pdf  Mahendra Pal Singh, V.N. Shukla’s Constitution of India, (13th ed., 2017)  Mamta Rao, Constitutional Law, (2nd ed., 2021)