SC cautions against Centre-State’s disputes

Published: 11th Apr, 2024

Context

A division bench of Supreme Court verbally observed that various state governments are directly approaching the top court seeking similar reliefs while there should be no contest between the Centre and states.

1: Dimension-Reason behind increasing tussle

Encroaching interesting areas: Areas of governance which are essentially local in nature are being encroached upon by Union as electoral compulsions require greater connect with the people.
- Example:Health being a state subject, the recent announcement by the Centre to provide free food grains to nearly 80 crore people is clearly part of this trend.
Gradual encroachment by the Centre on the states' domain through direct funding and policy implementation, leading to challenges in service delivery and credit attribution. The Government in India is more involved directly in these state’s subjects.
- Take education and health, both primarily responsibility of the states and both encroached upon by the Centre.
Fiscal centralization: The unequal distribution of financial resources between the Centre and the states, coupled with the Centre's increasing control over tax revenues, has fueled disputes over fiscal autonomy.
- Example: Goods and Services Tax (GST), leading to tensions between the Centre and the states.
Policy conflicts: Divergent political ideologies and policy priorities between the Centre and various states often result in disagreements over the implementation of national policies at the regional level.

2: Dimension-Required Measures

Minding one’s work: The Centre must maintain the monopoly of the national agenda. It must though let the States do their own work. The Concurrent List must be dismantled or at least shrunk and a new list that empowers local governments be instituted.
Decentralisation: The phraseology of and the need for decentralisation, delegation and devolution have appeared repeatedly in committees and commissions-including the Rajamanar (Centre-State Relations Inquiry) Committee, the Sarkaria Commission, the Administrative Reforms Commission and the 2010 report of the Inter-State Council on centre-state relations.
Modern approach: Indian Polity demands a modern approach to transformation-the induction of efficiency, accountability and outcome orientation

Constitutional Provision

In a federal structure it is critical that Union government responds to the needs of states and there is complete transparency and accountability in the functioning of both these organs.
However, the framers of the Constitution envisioned differences between the Centre and States owing to this quasi-federal structure and dual polity. And so they added the original and exclusive jurisdiction of the Supreme Court for the resolution of such issues.
Article 131 deals with the ‘original jurisdiction’ of the Supreme Court of India in any dispute that involves a ‘question of law or fact on which the existence of legal right depends’.
The National Development Council set up in 1952 and the Inter-State Council set up in 1990 under Article 263 are the two major arrangements to resolve Centre-State disputes and enhance cooperation.

Schedule VII of the Constitution

Central List: The Union government could legislate on items given in the Central List
State List: State could legislate for items in the State List.
Concurrent List: In the Concurrent List both could legislate but the Central legislation had overriding powers. Increasingly, the powers of the Centre have increased, with restriction on the state’s power to frame laws.
Under the 42nd amendment to the Constitution, five subjects including education and forests were transferred to the Concurrent List from the State List, thereby restricting the power of the state.

CURRENT AFFAIRS FOR UPSC IAS

SC cautions against Centre-State’s disputes

1: Dimension-Reason behind increasing tussle

2: Dimension-Required Measures

Still Have Questions?

CURRENT AFFAIRS FOR UPSC IAS

SC cautions against Centre-State’s disputes

1: Dimension-Reason behind increasing tussle

2: Dimension-Required Measures

Still Have Questions?

User Login

User Register

Forgot Password

Verify Your Mobile Number