Name- UTKARSH SINGH Topic-Centre and state relation in India

Admission-14GSOL102038
Batch-BA.LLB (A)
INTRODUCTION AND STATEMENT PROBLEM

India is our country with its capital being New Delhi where the parliament of India is
situated. It is through parliament all laws and bills are sanctioned. India is a vast
country with 28 states and 7 union territories. Each state has their own separate state
govt. If a state wants to bring a law under action it has to be sanctioned by the central
government. In the sametime if the central government has to sanction a law where
the whole country is concerned it calls in a meeting or Bhatia which is attended by the
MP of the state and decisions are taken in accordance to the majority. The
CONSTITUTION of India in its very first article describes India as a union of states.
When the British power was established in India it was highly centralized and unitary.
Certain mechanism of administrative decentralization was introduced prior to
independence.

The relationship between the Union and the States is a relationship between
the whole body and its parts. For the body being healthy, it is necessary that its
parts are strong.

The constitution is supreme and all the authorities function under the supreme
law of land

Separation Of Powers

Federal Features

The federal features of the Constitution include:

(1) A written constitution which defines the structure, organization and powers of the
central as well as state governments
(2) A rigid constitution which can be amended only with the consent of the states
(3) An independent judiciary which acts as the guardian of the constitution.
(4) A clear division of powers between the Center and the States through three lists-
Union list, State list and Concurrent list
(5) The creation of an Upper House (Rajya Sabha) which gives representation to the
states, etc.

Non Federal Features

The Constitution also contains a number of unitary features:

(1) The creation of a very strong centre

(2) The absence of separate constitutions for the states
(3) The right of Parliament to amend major portions of the constitution by itself
(4) A single citizenship for all
(5) Unequal representation to the states in the Rajya Sabha
(6) The right of Parliament to change the name, territory or boundary of states without
their consent
(7) The presence of All- India Services which hold key positions in the Centre as well
as the States appointment of the Governor by the President
(8) The granting of extensive powers to the President to deal with various kinds of
emergencies
(9) The right of Parliament to legislate on state subjects on the recommendation of the
Rajya Sabha
(10) The presence of a single judiciary with the Supreme Court of India at the apex
(11) The residuary powers under the Indian Constitution are assigned to the Union
and not to the States.
(12) The exclusive right of Parliament to propose amendments to the Constitution.
(13) On account of the presence of a large number of non- federal features in the
Indian Constitution India is often described as a quasi-federal country.

CENTRE STATE RELATIONS

Relations between the Union and States can be studied under the following heads

(a) Legislative Relations-

(b) Administrative relations
(c) Financial Relation
In present condition State trouble in many situation because centre not cooperate with
state and not pass financial budget and not pass law according to state and centre
alone appointing governor in appointment of governor state have no role. Centre
appoint his man for governor seat in state. So there is clash between governor and
state government for example current in Delhi state government and governor. And
centre have sanction his own rule and regulation upon state.

Objective
India as a Union of States. Objective is Power were divided between centre
and state in emergency centre help the state to face situation or to help in
standing in difficult situation.
The reason behind taking this topic i.e.,Centre and state relation is I wanted to
analyse every aspect of the topic which has changed the way of governing and
also to find and analyse its working and nature that how it actually works in
the welfare of society and how its works changes its very nature and character
if we look in to it.

RESEARCH QUESTION
IS state having any role in appointment of governor by the centre..?
Whether centre is liable for not helping the state in financial matter/crisis..?

HYPOTHESIS
India is known as UNION OF STATE so there is sepration of power. A clear
division of powers between the Centre and the States through three lists- Union list,
State list and Concurrent list. But centre have some power on state. And in many sate
centre have direct power to rule over the state like Delhi. In Delhi state centre look
many of the function of the state. centre have sanction its own law and regulation.
Centre have power to appoint governor alone and there is dispute between state
government and governor. because governor work on direction of centre government
and give every report of state to centre and many thing were done by governor if
centre dont wont any work in any particular matter. Then governor not assign that
work to state to do it. If state have any work to do then state government demand
money from centre then centre ignore generally many times if different party rule over
the state. if central government give then it should not give enough budget always
reduce the budget whatever state demanded then pass the budget to state government.
So there is sepration of power between centre and state government and there are
many place were centre have supreme power to overrule the state government. If
central government see there is any emergency or danger to peace of the society then
centre government interfere and take control in his hand and impose the presidential
government on that state. all should done on report of governor.

Research Methodology
The work basically fulfills doctrinal research criteria as the possibility to have an
empirical study over the topic is very feeble. But the approach is analytical in nature.
The area of work will be studied in depth, in the history centre and state relation of
will be referred to. Books, articles, news blogs, and other such primary datas, and
internet sites have been searched and will be searched at large to find out the relevant
datas. The methodology is comparative as attempts to show the advantages of one
liability strategy over the other as well as the condition and situation of the concept in
various state are also in the list of study.

Review of literature
A literature review is a description of literatures relevant to the particular field or
topic. It gives an overview of what has been said, who the key writers are, what the
prevailing theories are about. As such, it is not in itself a primary research, but rather
it reports on other findings.It mainly reflects how the research has been carried out
and what are the paper works been done on the relevant topic. . Here are some
literature reviews which will illustrates in some manner that what is the approach in
this research and what are the materials which have been searched for carrying on this
work. Firstly, details regarding some books have been provided and then the articles
crossed through will be explained.

Books
- Centre-State Financial Relations in India by abhinav publication
- Centre and state relation in india

wwww.studymode.com/course-notes/Center-State-Relation-In-India

ww.newcenturypublications.com/servlet/ncp

www.enableall.org/.../GK/IndianFederalismCenterStateRelations.htm