Tuesday, July 10, 2012

The constitutional arrangements of Centre-State and inter-State coordination

The constitutional arrangements of Centre-State and inter-State coordination and cooperation functioned smoothly during the first twenty-five years of the working of the Constitution of India due largely to single party rule at the Centre and in almost all the States and presence of stalwart national leaders like Pandit Jawaharlal Nehru who played prominent role in the drafting the Constitution. The end of the era of single party rule since the late sixties and emergence of regional parties and coalition governments with diverse ideologies, priorities and programmes brought into sharp focus various issues of coordination in Centre-State relations and constitutional governance.

In order to study these issues and recommend measures for improving the system a number of Commissions/ Committees have been set up since the mid-sixties. The major issues of Centre-State relations identified by these Commissions include constitutional arrangements of legislative, executive and financial relations between the Centre and the States and issues related to local self governance, social and economic development, internal security, infrastructure and natural resources management.

The issues identified by the two Commissions on Centre-State relations are:


First Commission on Centre-State Relations 1988
Second Commission on Centre-State Relations 2010
1. Administrative Relations
2. Role of Governor
3. Reservation of Bills
4. Emergency Provisions
5. Deployment of Central Forces
6. All India Services
7. Inter-Governmental Council
8. Financial Relations
9. Economic and Social Planning
10. Inter-State River Water Disputes

The First Commission on Centre-State Relations made as many as 247 recommendations, of which 180 recommendations were accepted by the Inter State Council, but 65 recommendations were not found acceptable.

Implementation of some of these recommendations necessitated constitutional amendments, enactment of new laws and revisions of existing laws, but most of the recommendations were practical in nature which required development of consensus and strengthening of the mechanism of cooperating federalism which still remains a challenging task.

Many issues on which consensus were developed through the mechanism of Inter State Council are yet to be fully implemented. This highlights the need to develop an effective system of monitoring and evaluation of the decisions of the Inter State Council.

Judicial interventions on some of the issues, like the proclamation of emergency in the States, have been able to resolve major irritations in Centre-State relations. For example, the judgment of the Supreme Court in S.R.Bomai vs. Union of India has streamlined the practice of dismissal of State governments and developed healthy conventions on the subject.

The Second Commission on Centre-State Relations in their seven volumes report has made 281 recommendations, which are being examined by the Inter State Council Secretariat in consultation with the State Governments and Central Ministries and Departments. The issues shall be placed before the next meeting of the Inter State Council for its consideration.

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