Union-State Relations in India

Any federal scheme involves the establishment of dual governments and the division of powers. However, the success and strength of a federal polity depend on maximum cooperation and coordination between the Union and State governments.

The topic of federal relations can be discussed under two broad heads:

1. Relation between the Union and States

2. Relation among the States (inter se)

This chapter focuses on the Union-State relations, while inter-State relations are discussed in the subsequent chapter.

Techniques of Union Control Over States

The Constitution provides the Union with techniques of control over States to ensure:

• State governments do not interfere with the legislative and executive policies of the Union.

• Efficiency and strength of each State, which is essential for the strength of the Union.

These techniques are classified under two contexts:

I. Control During Emergencies:

• During emergencies, the Indian Constitution allows the government to function as a unitary government.

• This aspect is further elaborated in Chapter 28.

II. Control in Normal Times:

Even in normal times, the Constitution provides avenues for Union control:

Executive Powers

• Appointment and dismissal of the Governor (Articles 155–156).

• Appointment of other dignitaries, e.g., High Court Judges and Members of the State Public Service Commission (Articles 217 and 317).

Legislative Powers

• Previous sanction required to introduce legislation in State Legislature (Article 304, proviso).

• Assent to specific legislation reserved for Presidential consideration (Article 31A(1), proviso 1; Article 31C, proviso 288(2)).

• Governor Ordinances on specified matters require Presidential instructions (Article 213(1), proviso).

• Veto power in respect of other State Bills reserved by Governor (Article 200, proviso 1).

Specific Agencies for Union Control

1. Directions to the State Government

2. Delegation of Union Functions

3. All-India Services

4. Grant-in-Aid

5. Inter-State Councils

6. Inter-State Commerce Commission (Article 307)

The Constitution allows the Union to give directions to States, a concept adapted from the Government of India Act, 1935, to address peculiar conditions of India.