The Indian Constitution establishes a federal structure with a strong unitary bias. The relationship between the Union and the States (Union-State Relations) is primarily covered under Part XI (Articles 245–263) and Part XII (Articles 268–293) of the Constitution. These provisions outline the legislative, administrative, and financial relations between the Centre and the States.
Contents
1. Legislative Relations (Articles 245–255) – Union-State Relations
- Article 245: Distribution of legislative powers between Parliament and State Legislatures.
- Seventh Schedule divides powers into three lists:
- Union List (List I): Exclusive powers of the Parliament (e.g., defence, foreign affairs).
- State List (List II): Exclusive powers of State Legislatures (e.g., police, public health).
- Concurrent List (List III): Both Parliament and States can legislate (e.g., education, criminal law).
- Article 249: Parliament can legislate on a State List subject if the Rajya Sabha passes a resolution with a 2/3 majority in national interest.
- Article 250: During a national emergency, Parliament may legislate on subjects in the State List.
- Article 252: Two or more states may consent to Parliament legislating on a State subject.
2. Administrative Relations (Articles 256–263)
administrative relativion – Union-State Relations
- Article 256: States must comply with laws made by Parliament.
- Article 257: Union can issue directions to States to ensure compliance.
- Inter-State Council (Article 263): Established for coordination among states and between Centre and States.
- All-India Services (Article 312): Officers like IAS and IPS serve both Union and State governments.
3. Financial Relations (Articles 268–293)
- Article 268: Duties levied by the Union but collected by the States (e.g., stamp duties).
- Article 269: Taxes levied and collected by the Union but assigned to States (e.g., inter-State trade).
- Article 270: Taxes collected and distributed between Union and States (e.g., income tax).
- Finance Commission (Article 280): Recommends distribution of net tax revenue.
4. Dispute Resolution Mechanism
- Article 131: The Supreme Court has original jurisdiction in disputes between the Centre and States or between States.
5. Significance & Challenges
- Ensures smooth functioning of cooperative federalism.
- Centre’s dominance often criticised (e.g., use of Article 356).
- GST and centralization of finance have renewed debates on fiscal federalism.
Conclusion – Union-State Relations
The Union-State relations in India reflect a quasi-federal structure. While the framework supports cooperation, a balanced distribution of power is essential for the unity and integrity of the nation.
