Distribution of Legislative Powers – Between the Union and the State
Introduction
- The Constitution of India establishes a federal structure with a clear demarcation of powers between the Union and State governments.
- The distribution of legislative powers is primarily outlined in Article 245 to 255 of the Indian Constitution and is detailed in the Seventh Schedule.
- The objective is to avoid jurisdictional conflicts and ensure cooperative federalism.
Key Concepts & Features
1. Three Lists under Seventh Schedule
| List | Scope | No. of Entries |
|---|---|---|
| Union List (List I) | Exclusive powers to Parliament | 97 |
| State List (List II) | Exclusive powers to State Legislatures | 66 |
| Concurrent List (List III) | Both Parliament and State Legislatures can legislate | 47 |
- Union List includes defense, foreign affairs, atomic energy, railways, etc.
- State List includes police, public health, local government, agriculture, etc.
- Concurrent List includes criminal law, marriage, bankruptcy, education, etc.
2. Article 246 – Principle of Separation
- Hierarchical principle:
- Parliament has exclusive power over Union List.
- States have exclusive power over State List, subject to Parliament’s override in Concurrent List.
3. Article 254 – Doctrine of Repugnancy
- In case of conflict between State and Union laws on a subject in the Concurrent List, Union law prevails.
- Exception: State law prevails if it has received Presidential assent.
4. Residuary Powers – Article 248
- Parliament holds exclusive power over subjects not enumerated in any list (e.g., cyber laws, space technology).
Challenges & Issues
- Centralization of Power: Union’s dominance in residuary powers, and override in Concurrent List limits true federalism.
- Frequent use of Article 249, 250 and President’s Rule (Article 356) has eroded State autonomy.
- Legislative Overlap: Ambiguity in Concurrent List leads to jurisdictional conflicts.
- GST Implementation: States surrendered significant taxation powers to the Centre.
- Judicial Interpretation: Expansive reading of Union List (e.g., in State of W.B. vs Union of India) strengthens Centre.
- Dilution of State Powers in Emergency: Centre can legislate even on State subjects.
Relevant Government Schemes & Interventions
- GST Council: A joint forum of Centre and States for taxation—a new model of “fiscal federalism.”
- NITI Aayog: Replaced Planning Commission to strengthen cooperative federalism.
- Inter-State Council (Article 263): Facilitates coordination and discussion between Centre and States.
Committees & Reports
- Sarkaria Commission (1983):
- Recommended minimal interference by Centre in State matters.
- Suggested strengthening Inter-State Council.
- Punchhi Commission (2007):
- Advocated clearer demarcation in emergency powers.
- Emphasized the need for local autonomy in policing and public order.
- Rajamannar Committee (1969) – set up by Tamil Nadu government:
- Proposed a reallocation of subjects between the Union and States.
- Second ARC (2008) – 13th Report:
- Called for revisiting the distribution of powers to reflect changing realities.
Current Affairs & Relevance
- Farm Laws Controversy (2020-21):
- Raised questions on Centre legislating agriculture (a State subject).
- NEET & Education Sector:
- States like Tamil Nadu and Karnataka raised concerns over Centre’s role in regulating education (Concurrent list).
- Karnataka’s Anti-Conversion Bill:
- Challenges over Centre’s possible overriding role via religious freedom jurisprudence.
- Karnataka’s Water Disputes (Cauvery):
- Highlight Centre’s dominance in inter-state river water regulation (Union List entry 56).
Examples & Case Studies
1. Karnataka-Specific Examples
- Karnataka Police Act Amendment (2021): Controversial due to overlap with Centre’s control over fundamental rights (e.g., online gambling).
- Implementation of GST in Karnataka: Shows Centre-State coordination via GST Council.
- Karnataka State Education Policy (KSEP): Drafted in response to the Central NEP 2020 to assert autonomy in education.
2. Judicial Cases
- State of W.B. vs Union of India (1962): Held that Union government can acquire state property.
- S.R. Bommai vs Union of India (1994): Limited misuse of Article 356 to preserve federal structure.
Conclusion & Way Forward
- The Indian model of federalism is quasi-federal—strong Centre with elements of decentralization.
- True federalism requires:
- Strengthening of Inter-State Council.
- Transparent Finance Commission awards.
- Empowering State legislatures.
- Greater fiscal autonomy for States.
- Cooperative and Competitive Federalism must be nurtured to reflect India’s diversity.
Administrative and Financial Relations between the Union and the States
I. Introduction
- The Indian Constitution establishes a quasi-federal structure with unitary bias, particularly in administrative and financial matters.
- Articles 256 to 263 cover administrative relations, and Articles 268 to 293 deal with financial relations.
- The aim is to enable coordination and cooperation between the Union and State governments for national unity and effective governance.
II. Administrative Relations
1. Article 256 – Obligation of States
- States are obliged to ensure that their executive power is exercised to comply with Central laws.
2. Article 257 – Control of Union over States
- States must not impede the executive power of the Union.
- Centre can direct States on issues like:
- Construction and maintenance of national highways.
- Railways and communication infrastructure.
3. Article 258 – Delegation of Union Functions
- President may entrust Union functions to States with their consent.
- E.g., UIDAI’s Aadhaar enrolment is carried out by State agencies under delegation.
4. Article 263 – Inter-State Council
- Provides a mechanism for coordination and dispute resolution among States and with the Centre.
III. Financial Relations
1. Division of Taxing Powers
| Power | Article | Description |
|---|---|---|
| Union’s exclusive power | Art. 246 & Schedule VII | Income Tax (except agriculture), Customs, Excise on goods (except alcohol), Corporation Tax, GST (inter-state) |
| States’ power | Art. 246 & Schedule VII | Land Revenue, Stamp Duty, Excise on alcohol, GST (intra-state) |
2. GST Regime – Article 246A
- Introduced by the 101st Amendment Act (2016).
- Both Centre and States have concurrent power to levy GST on supply of goods and services.
- GST Council ensures harmonization.
3. Grants-in-Aid (Article 275)
- Statutory grants given to states based on Finance Commission’s recommendations.
4. Discretionary Grants (Article 282)
- Given by the Centre for specific purposes, even beyond its legislative competence.
5. Loans and Borrowings
- Article 293: States can borrow but must seek Centre’s permission if they are indebted to the Union.
IV. Challenges in Administrative and Financial Relations
A. Administrative Challenges
- Over-centralization: Excessive dependence on the Centre for implementation.
- Bureaucratic overlap: Confusion due to concurrent jurisdiction in many sectors.
- Use of All India Services: Officers like IAS, IPS report to Centre but serve in States, causing accountability issues.
B. Financial Challenges
- Vertical Imbalance: Centre collects majority of taxes; States bear expenditure burden.
- Horizontal Imbalance: Poorer states like Bihar, Odisha get more grants compared to richer ones like Karnataka.
- Politicisation of Grants: Discretionary grants sometimes used to favour ruling party states.
- Delayed release of funds: Centrally Sponsored Schemes often face fund delays.
V. Government Mechanisms & Interventions
- Finance Commission (Article 280):
- Every 5 years recommends distribution of taxes between Centre and States.
- 15th Finance Commission (2021-26) suggested 41% vertical devolution.
- GST Council:
- Ensures fiscal federalism.
- Karnataka has been vocal about compensation for GST losses.
- Inter-State Council (Article 263):
- Revived in 1990 to enhance Centre-State dialogue.
VI. Committee & Commission Recommendations
| Committee | Recommendation |
|---|---|
| Sarkaria Commission (1983) | More autonomy to States in administrative spheres, strengthen Inter-State Council |
| Punchhi Commission (2007) | States should have greater flexibility in scheme implementation; limit Centre’s overreach |
| 14th Finance Commission (2015) | Increased States’ share of central taxes to 42% |
| 15th Finance Commission | Continued 41% devolution; created a disaster risk mitigation fund |
VII. Current Affairs & Relevance
- GST Compensation Issue:
- Karnataka, Punjab, and Kerala raised concerns over delays in GST compensation.
- Centrally Sponsored Schemes:
- States like Karnataka demanded more say in customizing schemes (e.g., PMAY, NHM).
- Cooperative Federalism during COVID-19:
- Coordination issues in lockdown enforcement and vaccine distribution.
VIII. Karnataka-Specific Examples
- Karnataka’s GST Compensation Dues:
- State Finance Minister raised concern in 2021 about Centre’s delay in disbursing pending dues.
- Namma Metro:
- Funded through joint efforts of Centre, State, and JICA – example of cooperative fiscal federalism.
- Mahadayi River Dispute:
- Centre’s role in interstate dispute drew criticism from Karnataka.
- Implementation of PM-KISAN Scheme:
- Karnataka demanded more flexible guidelines for identifying beneficiaries.
IX. Conclusion & Way Forward
- While the Constitution balances central authority with state autonomy, practice has seen a tilt toward centralization.
- Need of the hour:
- Strengthen institutional mechanisms like Finance Commission and Inter-State Council.
- Promote “fiscal responsibility” and “executive efficiency” among States.
- Enhance transparency and predictability in fund transfers.
- Respect the spirit of cooperative federalism.
Powers and Functions of Constitutional Bodies
I. Introduction
- Constitutional bodies are institutions explicitly established by the Constitution of India.
- They play a vital role in maintaining democratic governance, ensuring accountability, and protecting constitutional values like justice, equality, liberty, and integrity.
- Articles pertaining to these bodies are mostly in Part V to XV of the Constitution.
II. Key Constitutional Bodies – Powers and Functions
1. Election Commission of India (ECI)
Articles 324–329
Role: Ensures free and fair elections in India.
Functions:
- Conduct elections to Parliament, State Legislatures, President, and Vice-President.
- Model Code of Conduct enforcement.
- Preparation of electoral rolls and delimitation support.
- Recognition and regulation of political parties.
- Advises the President/Governor on disqualifications.
Karnataka Example:
- Use of VVPATs and EVMs in Karnataka Assembly Elections 2023 to enhance transparency.
2. Union Public Service Commission (UPSC)
Articles 315–323
Role: Central recruitment agency for Group A and B services.
Functions:
- Conducts Civil Services Examination and other recruitment exams.
- Advises on promotions, transfers, and disciplinary matters.
- Consultation required for framing rules related to civil services.
Karnataka Example:
- KPSC (State PSC) works under similar structure. Coordination occurs in All India Services recruitment.
3. State Public Service Commission (KPSC)
Articles 315–323 (same as UPSC)
Functions:
- Recruitment for State Government services.
- Advises the Governor on service matters, promotions, transfers, and disciplinary actions.
KPSC Specific Notes:
- Responsible for Karnataka Administrative Services (KAS).
- Conducts Group A, B, and C service exams.
- Recently introduced online application systems to enhance transparency.
4. Finance Commission
Article 280
Role: Determines distribution of financial resources between Centre and States.
Functions:
- Recommends devolution of taxes between Union and States.
- Grants-in-aid to States from Consolidated Fund of India.
- Measures to augment the resources of panchayats and municipalities.
15th Finance Commission (2021–26):
- 41% vertical devolution.
- Special grants for Karnataka in disaster management and urban development.
5. Comptroller and Auditor General of India (CAG)
Article 148–151
Role: Guardian of public purse.
Functions:
- Audits all receipts and expenditure of the Government of India and State governments.
- Audits government-owned corporations and bodies.
- Submits reports to the President/Governor.
Karnataka Relevance:
- CAG report on Karnataka (2023) flagged delays in rural health infrastructure projects.
6. Attorney General of India
Article 76
Functions:
- Chief legal advisor to the Government of India.
- Represents the government in Supreme Court cases.
- Has the right to speak in Parliament, though not to vote.
7. Advocate General of the State
Article 165
Functions:
- Legal advisor to the State Government.
- Similar powers as Attorney General but at State level.
- Right to participate in proceedings of the State Legislature.
Karnataka Example:
- Advocate General plays a key role in litigation related to language policies and inter-state water disputes (e.g., Cauvery issue).
8. Election Commission vs State Election Commissions
| Aspect | ECI | SEC |
|---|---|---|
| Article | 324 | 243K |
| Role | Parliamentary & Assembly Elections | Panchayat & Municipal Elections |
| Appointed by | President | Governor |
Karnataka SEC:
- Responsible for elections to BBMP, Zilla Panchayats, etc.
- Faced criticism for delays in conducting urban local body elections.
9. National Commission for SCs (NC-SC)
Article 338
Functions:
- Monitors safeguards under Constitution/laws for SCs.
- Investigates complaints related to deprivation of rights.
- Recommends policies and programs for SC welfare.
Karnataka Example:
- Reports of discrimination in certain hostels led to State SC Commission inquiry.
10. National Commission for STs (NC-ST)
Article 338A
Functions:
- Similar to NC-SC but focused on Scheduled Tribes.
Karnataka Relevance:
- Works with Soliga, Jenukuruba tribes in MM Hills and BR Hills.
- Concerns raised over displacement due to tiger reserves.
11. Goods and Services Tax Council
Article 279A
Functions:
- Decides on GST rates, exemptions, and thresholds.
- Promotes cooperative federalism.
Karnataka Finance Minister is part of this council.
III. Challenges Faced by Constitutional Bodies
- Politicization: Appointments often lack transparency (e.g., Election Commissioner appointments).
- Lack of Autonomy: UPSC and CAG remain dependent on executive for resources.
- Delays in Appointments: Critical positions remain vacant affecting functioning.
- Overlapping Jurisdictions: SEC vs ECI confusion during simultaneous elections.
- Compliance Issues: State governments not implementing recommendations of commissions fully.
IV. Committees & Recommendations
| Committee/Commission | Recommendation |
|---|---|
| Sarkaria Commission | Strengthen UPSC and SPSC autonomy |
| Second ARC (10th Report) | Greater transparency in appointment and removal of constitutional authorities |
| Punchhi Commission | Codify Governor’s role in SPSC and SEC appointments |
V. Current Affairs & Relevance
- Election Commission Reforms Bill (2023): Seeks to overhaul appointment process; invites concerns of weakening independence.
- 15th FC Report (2021-26): Made performance-linked grants.
- UPSC & KPSC adopted digital platforms for applications and interviews post-COVID.
VI. Karnataka-Specific Additions
- KPSC Reforms: Introduced e-recruitment, optional Kannada paper for non-Kannada speakers.
- State Finance Commission (SFC): Periodic delay in formation—raises issues of local fiscal empowerment.
- Karnataka Lokayukta: Though not a constitutional body, complements constitutional values of accountability.
VII. Conclusion & Way Forward
- Constitutional bodies are pillars of Indian democracy, ensuring impartiality, integrity, and public accountability.
- To strengthen them:
- Ensure transparent appointment process.
- Provide financial and operational autonomy.
- Implement committee recommendations in true spirit.
- Strengthen State-level counterparts like KPSC, SFCs, SECs.
Ensuring independence and effectiveness of constitutional bodies is essential for safeguarding constitutional morality and cooperative federalism, especially in States like Karnataka which have diverse administrative and fiscal needs.
Powers and Functions – Governor, Council of Ministers and Cabinet, Judicial Remedies
I. Introduction
- The Constitution of India establishes a parliamentary system at both Union and State levels.
- The Governor, Council of Ministers, and Cabinet play central roles in the functioning of the executive at the state level.
- Judicial remedies ensure that actions by these bodies remain within constitutional boundaries, preserving rule of law and citizen rights.
II. Governor
A. Constitutional Position
- Articles 153–162 deal with the Governor.
- He is the constitutional head of the State, appointed by the President (Article 155).
B. Powers and Functions of the Governor
1. Executive Powers
- Appoints:
- Chief Minister and, on his advice, other ministers (Art. 164).
- State Advocate General and Chairpersons of State Commissions.
- Acts as Chancellor of State Universities (in most states including Karnataka).
- Oversees functioning of the state administration.
2. Legislative Powers
- Summons, prorogues, and dissolves the State Legislative Assembly.
- Addresses the Assembly at the first session after each general election.
- Assent to Bills: Can give assent, withhold, reserve for President, or return (except money bills).
- Promulgates ordinances (Article 213) when Assembly is not in session.
3. Financial Powers
- Causes the annual financial statement (budget) to be laid before the Assembly.
- Can recommend demands for grants, and advance funds from the Contingency Fund of the State.
4. Judicial Powers
- Grants pardons, reprieves, respites, and remissions of punishment under Article 161.
5. Discretionary Powers
- Appointing CM in case of a hung assembly.
- Reserving Bills for the President.
- Dismissing a Council of Ministers that has lost majority.
C. Karnataka-Specific Example
- 2023 Karnataka Assembly Election: Governor played key role in inviting the party with majority (INC) to form government.
- Controversy: In previous terms, criticism arose over alleged delay in inviting the majority party post-election (e.g., 2018 crisis).
III. Council of Ministers and Cabinet
A. Constitutional Basis
- Articles 163–164: The Governor is aided and advised by the Council of Ministers, headed by the Chief Minister.
B. Composition
- Council includes Ministers of Cabinet rank, Ministers of State, and Deputy Ministers.
- The Cabinet is the core decision-making body of the Council.
C. Powers and Functions
1. Policy Formulation and Implementation
- Takes all major administrative and policy decisions for the state.
- Advises the Governor on all matters (Governor is bound to act accordingly, except in specific discretionary areas).
2. Legislative Role
- Drafts government bills and policies.
- Ensures passage of the budget and other legislative matters.
3. Financial Powers
- Prepares and introduces the Budget.
- Oversees state taxation and expenditure.
4. Administrative Role
- Supervises departments and ensures law and order.
- Appointments and service matters for government officials.
D. Karnataka-Specific Example
- Cabinet Reconstitution 2023: CM Siddaramaiah expanded the cabinet to include social coalition balance, including representatives from SC, ST, OBC, and minorities.
- 2022 Hijab Controversy: Council of Ministers played a role in determining the state’s stand in the legal matter.
IV. Judicial Remedies
A. Constitutional Provision – Article 32 and Article 226
- Article 32: Right to Constitutional Remedies (Supreme Court).
- Article 226: High Courts can also enforce Fundamental Rights and legal rights.
B. Types of Writs
| Writ | Purpose |
|---|---|
| Habeas Corpus | Release of a person unlawfully detained |
| Mandamus | Directing a public official to perform duties |
| Prohibition | Issued to subordinate courts to stop proceedings |
| Certiorari | Quashing orders of lower courts/tribunals |
| Quo Warranto | Checking the legality of a person holding public office |
C. Scope of Judicial Remedies
- Protects against:
- Arbitrary executive action.
- Unconstitutional laws.
- Violation of fundamental rights.
- Acts as a check and balance against abuse of executive and legislative power.
D. Karnataka-Specific Cases
- PUCL vs State of Karnataka: Karnataka High Court upheld Right to Privacy in surveillance matters.
- Hijab Ban Case (2022): Karnataka HC upheld the government’s dress code circular; later appealed in Supreme Court.
V. Challenges and Issues
| Area | Issues |
|---|---|
| Governor | Alleged partisanship, misuse of discretionary powers, delays in granting assent to bills. |
| Council of Ministers | Cabinet secrecy, lack of transparency, over-centralization in hands of CM. |
| Judicial Remedies | Delay in justice delivery, excessive reliance on PILs, overlapping jurisdiction between SC and HCs. |
VI. Committees & Commission Recommendations
| Committee | Recommendation |
|---|---|
| Sarkaria Commission (1983) | Governor should be apolitical; removal should follow consultation with CM. |
| Punchhi Commission (2007) | Fixed tenure for Governors; limited use of discretionary powers. |
| 2nd ARC | Strengthen Cabinet accountability and transparency. |
| Law Commission Reports | Advocated reforms in writ jurisdiction to reduce pendency and improve efficiency. |
VII. Current Affairs & Relevance
- Governor-CM Disputes: Seen in states like Kerala, Tamil Nadu, and also Karnataka (BBMP Bill delay).
- Supreme Court Judgment (2023): On the role of Governors and LG in legislative matters (Delhi Case), reaffirmed federal principles.
- Frequent Use of Judicial Remedies: Students, civil society in Karnataka using HCs and SC for policy redressal (e.g., hijab case, NEET issues).
VIII. Conclusion & Way Forward
- The Governor, Council of Ministers, and Judiciary form critical pillars of a responsible executive system.
- To strengthen constitutional governance:
- Enforce transparency in Governor’s appointments and actions.
- Empower Cabinet Committees for collaborative governance.
- Expand legal literacy for effective access to judicial remedies.
- Follow judicial guidelines and implement reforms for time-bound justice.
A robust and responsible balance between executive discretion and judicial accountability is essential to uphold constitutional morality, especially in a diverse and federal state like Karnataka.
