Contents
RECOMMENDATION OF VARIOUS
COMMITTEES:-
1. ADMINISTRATIVE
REFORMS COMMISSION (1966):-
TRIBUNAL SET UP AND
STATES INVOLVED:-
The Indian
constitution declares India as federal. That means it is a union of states
where power is divided between centre and states as per the procedure mentioned
in the constitution. In this two tier system, the central government have the
final say in all the matters and in this way India is federal but unitary. The
Indian constitution describes centre state relations from articles 245 to 293
through part XI of the constitution.
Centre State
relations has been divide in to 3 types
1.
Legislative relations
2.
Financial relations
3.
Administrative relations
Articles 245 to 255 in
the Indian constitution deal with the legislative aspect of centre states
relation. Legislation means the power of making a law which is enforceable.
Both the central and state governments in India have the power to make laws.
But, the matters on which they can make laws differ. While the centre can make
laws applicable to the nation as a whole, the states have the power to make
laws applicable in their own territory that too in some matters only. Some
matters need both the centre and state legislations.
Union list Include
100 items where the matters on which only central government can make legislations.
The state government does not have any role in framing the laws. These include
Foreign affairs, Defence, Armed forces, Communications, Posts and telegraphs,
inter-state trade and commerce and so on.
State list includes the matters on which the respective state governments can
make laws. The state list consists of 61(5 items transferred to concurrent list
by 42 amendment; viz. Education, forests, Justice, Weight & measures and
Protection of wildlife, animals & birds) subjects which
include Public order in the state, police, administration of justice,
prisons, Local Governments, agriculture and so on. However, under some
situations such as emergency, The Centre will take over the State list as well.
Articles 256 to 263 The Indian
Constitution deal with the administrative aspect of centre-state relations
in India.
· Regarding
Administration, State governments
are like sub-ordinates to the Centre. Central government gives
directions to the State governments in the course of administrative action.
·
Union government has been armed with the powers
of giving directions to state & has been given certain other powers to
promote interstate coordination settle interstate river water disputes
·
For above
purpose, President may appoint interstate councils (Advisory in nature) to
effect coordination b/w the states
·
The construction
and maintenance of means of communication (declared to be of national or
military importance) by the state;
·
The measures to be taken for the protection of
the railways within the state
·
The provision of
adequate facilities for instruction in the mother-tongue at the primary stage
of education to children belonging to linguistic minority groups in the state
·
The drawing up
and execution of the specified schemes for the welfare of the Scheduled Tribes
in the state.
Articles 268 to 293 in Part XII of the Constitution
deal with Centre - state financial relations.
The
division/distribution of taxes from centre and state mainly happens in the
following ways:
·
The Parliament has exclusive power to levy taxes
on subjects enumerated in the Union List
·
The state legislature has exclusive power to levy
taxes on subjects enumerated in the State List.
·
Both the Parliament and the state legislature can
levy taxes on subjects enumerated in the Concurrent List.
·
The residuary power of taxation (that is, the
power to impose taxes not enumerated in any of the three lists) is vested in
the Parliament.
There are several
amendments which have introduced major changes in the scheme of the
distribution of tax revenues between the centre and states. Also there were
several recommendations has been given by Finance commission whenever it is
constituted for every 5 years. For example, 14th Finance commission
has recommended the devolution of revenue to the states should be 43%, which has
been accepted by the centre. The present positions of distribution of taxes are
as follows with respect to articles
Article 268
- Taxes Levied by the Centre but
Collected and Appropriated by the States
Eg: Stamp duties on bills of exchange, cheques, promissory notes,
policies of insurance, transfer of shares, Exercise duties on medicinal and
toilet preparations.
Article 268A - (Introduced by 88th
Constitutional amendment act) - Service Tax Levied by the Centre but Collected
and Appropriated by the Centre and the States.
Article 269 - Taxes Levied and
Collected by the Centre but Assigned to the States. Eg: Taxes on the sale or purchase of goods,
consignment of goods in the course of inter-state trade or commerce.
Article 270
- Taxes Levied and Collected by the
Centre but Distributed between the Centre and the States.
Article 271 - Surcharge on
Certain Taxes and Duties for Purposes of the Centre
Certain taxes are levied and collected by the state are for example: land
revenue, Tax on agriculture income, estate duties, taxes on buildings, on
minerals, animals and boats, Exercise duties on liquor, narcotics, tolls, stamp
duties, sales tax etc...
· Prime objective is promoting welfare of STs
& raise administration of scheduled areas(Discretionary Grants)
· Parliament make grants to give financial
assistance to states to help overcome budgetary deficits(Statutory Grants)
· Specific budget grants to states, as in case
of jute producing states like WB, Assam, Bihar & Orissa, in lieu of share
of Jute export duty, levied by government (Other grant for a temporary period
of time)
· Union can make grants for any public purpose
for various national development schemes(Discretionary Grants)
· Union provides many other grants to states
from time to time which mean states depend greatly on Union to get loans. A
state government can only borrow within India & cannot raise a new loan
without the consent of Union government, if there is an outstanding on previous
loans
· Constitution provides for appointment of
finance commission(A 280) by President every 5 years to advise him regarding
distribution of resources b/w union & states & other revenue matters
· Niti Ayog also plays a vital role in financial
relations b/w centre & states. It decides outlays of the plans for the
country which in turn decides amount of money to be given to various states
·
Establishment of Inter-state Council under
Article 263
·
Governors should have long experience and should
not belong to any party
·
Delegation of powers (maxim. Possible) to the
states
·
To reduce dependency of states centre should
provide more financial resource to state
·
Deployment of central forces should be done only
on request of state
2. Rajamannar Commission (1969):-
·
Establishment of Inter-state Council under
Article 263
·
Emergency provision (A356,357,360) must be
repealed
·
All India
services should be abolished
·
Certain subjects from union and concurrent list
should be transferred to state list
·
Residuary
powers should be vested with state government.
·
Planning
commission must be disbanded (a statutory body must be appointed).
·
Financial commission should be made permanent
body.
3. Sarkaria
Commission:-
·
The commission has made 247 recommendations to improve centre-state
relations. Some of the recommendations are.
·
A permanent Inter-State Council called the
Inter-Governmental Council should be set up under Article 263
·
Article 356 (President’s Rule) should be used
very sparingly, in extreme cases as a last resort when all the available
alternatives fail.
·
The National Development Council (NDC) should be
renamed and reconstituted as the National Economic and Development Council
(NEDC)
·
The governor’s term of five years in a state
should not be disturbed except for some extremely compelling reasons
·
The surcharge on income tax should not be levied
by the Centre except for a specific purpose and for a strictly limited period.
·
The Centre should consult the states before
making a law on a subject of the Concurrent List.
·
Inter-state council should be strengthened for
dispute resolving between states with respect to water resources.
·
Centre’s control over radio and television should
be relaxed.
·
It favoured all India services which Rajamannar
commission has suggested to abolish
·
Judges of the high court should not be
transferred without their consent.
·
Out of all the recommendations 180 were implemented by the
government. The most important implementation is Inter-state council.
The successful functioning of the
Indian federal system depends not only on the harmonious relations and close
co-operation between the centre and the state but also between the states inter
se. Generally dispute between
states is mainly on issues of sharing water resources. Interstate disputes are
mentioned in article 262. Parliament by law has the power to distribute of
water resources. No courts in the India are given exercise over the jurisdictions of disputes that parliament
made by law.
To resolve the disputes between states
a interstate councils (A 263) are step where it has the final in distribution
of water resources.
·
President is
empowered to constitute an interstate council,
· To inquiring into
and advising upon disputes which may have arisen between States;
·
Investigating and
discussing subjects in which some or all of the States, or the Union and one or
more of the States, have a common interest; or making recommendations upon any
such subject and in particular, recommendations
for the better co-ordination of policy and action with respect to that subject,
·
Establishment in May 1990, on recommendations of
Sarkaria commission.
·
Generally Meet 3
time a year with proceedings under camera
·
PM (Ex-officio
chairperson)
·
6 union ministers
(as appointed by PM)
·
CM of all the
states & UTs. States ministers can also be invited.
·
Administrators of
UTs
Inter-State Council is a recommendatory body
and it investigates and discusses such subjects, in which some or all of the
States or the Union and one or more of the States have a common interest, for
better coordination of policy and action with respect to that subject. It
also deliberates upon such other matters of general interests to the States as
may be referred by the Chairman to the Council.
Its duties include:
· Inquiring
into and advising upon disputes which may have arisen between/among States
· Investigating
and discussing subjects in which some or all of the States, or the Union and
one or more of the States have a common interest
· Making
recommendations upon any such subject for the better coordination of policy and
action with respect to that subject
|
SNO |
TRIBUNAL NAME |
SET-UP IN |
STATE INVOLVE |
|
1 |
Krishna water disputes tribunal |
1969 |
MH, KT, A.P. |
|
2 |
Godavari water dispute tribunal |
1969 |
MH, KT, A.P, M.P, Orissa |
|
3 |
Narmada water dispute tribunal |
1969 |
RJ, GUJ, M.P, MH |
|
4 |
Ravi and Beas water dispute tribunal |
1986 |
PB, HR |
|
5 |
Cauvery water dispute tribunal |
1990 |
KT, KL, T.N, PUDUCHERRY |
|
6 |
Second Krishna water disputes tribunal |
2004 |
MH, KT, A.P |