Role of Governor, Chief Minister and Council of Ministers in State Administration and Governance
Chapter – 9
Table of Contents
INTRODUCTION
- India, that is ‘Bharat‘, is a Union of states as per Article 1 of the Constitution.
- The term ‘Union’ is used, which is different from the ‘Federation’ model found in the US Constitution.
- The Indian Constitution has features of a Federation, such as:
- Dual government (Union and State governments).
- Distribution of powers between the federal and state governments.
- Supremacy of the Constitution.
- Final authority of courts to interpret the Constitution.
- It also has unitary features, including:
- A unified judicial system.
- Integrated machinery for election, accounts, and audit.
- Power of superintendence of Union government over state governments in emergencies and some normal times.
- Single citizenship for the whole country.
- This combination of features makes the Indian system a quasi-federal polity.
- Austin referred to the Indian system as ‘Cooperative Federalism’ due to the necessity for close cooperation between the Union and state governments.
- The study of state administration needs to be understood in the context of this two-tier governance structure.
- Union government and state governments have specified powers and functions outlined in the Constitution.
- Both governments function independently within their own spheres, though some areas of overlapping responsibilityexist.
- The Union government has certain powers of superintendence over the states.
STATE LIST
- The State List comprises 61 items over which states have exclusive jurisdiction.
- Important subjects in the State List include Public Order and Police, Agriculture, Forests, Fisheries, Public Health, and Local Government.
- These subjects are primarily under the exclusive jurisdiction of the states, but Parliament can legislate on them under certain conditions.
- The circumstances under which Parliament can legislate on state subjects are:
- National interest: The Council of States may authorize Parliament by a resolution of 2/3rd of its members present and voting to legislate on a state subject. This authorization is valid for one year and can be renewed by a fresh resolution.
- Under a proclamation of emergency, Parliament can legislate on state subjects.
- With the consent of two or more states, Parliament may legislate on a state subject for the consenting states.
- Parliament can legislate on any subject, including state subjects, to implement treaties, international agreements, and conventions.
- When a proclamation is issued by the President due to the failure of Constitutional machinery in a state, the President may declare that the powers of the state legislature shall be exercised by or under the authority of Parliament.