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Centre State Relations in India

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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 different relations between centre and state are as follows:

  1. LEGISLATIVE RELATIONS
  2. ADMINISTRATIVE RELATIONS
  3. FINANCIAL RELATIONS

Read Also: Schedules in Constitution of India

Legislative Centre-State 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. They are as given:

UNION LIST:

Union list Include the matters on which only central government can make legislations. The state governments are bounded by these legislations. Union list has 100 subjects on which it has exclusive authority to make laws. These include Foreign affairs, Defence, Armed forces, Communications, Posts and telegraphs, inter-state trade and commerce and so on.

STATE LIST:

State list includes the matters on which the respective state governments can make laws. The state list consists of 61 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.

CONCURRENT LIST:

The Concurrent list includes the subjects on which both central and state governments have the power to make laws. The Concurrent list has 52 subjects which include Criminal and Civil procedure, marriage and divorce, economic and special planning, trade unions, labour welfare electricity, newspapers, books and printing presses,population control and so on. However, the centre has the sole powers to take over the concurrent list if needed.

On all the subject matters mentioned above, finally, the central government have the powers to take over every subject in any situation. Such is the power given to the centre by the Indian Constitution.

Also read: Legislative Relation Between Centre and State in India

Administrative Centre-State Relations:

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.

Even some matters like railways, central excise, income tax, post and telegraph and so on are directly administered by the central government. Hence, in administrative matters also Centre has the final say.

Centre State Relations

Financial Centre-State Relations:

Articles 268 to 293 in the Indian constitution deal with the financial aspect of centre-state relations in India. It mainly deals with the imposition and collection of taxes. These are categorised as follows:

  • Taxes levied by the centre but collected and used by the states: The stamp duties, Excise duties, medicinal and toilet preparations come under this.
  • Taxes levied and collected by the centre but given to the states: The property tax, taxes on goods carried by railways, Sea, airways and so on come under this.
  • Taxes levied and collected by the centre but distributed between centre and states: Income tax other than corporate tax and such other residual taxes come under this.

In addition to this, Centre also gives many grants and loans to the states from time to time.

Conclusion:

When we observe the centre-state relations in India, the power position given to the central government is clearly known. Hence, Indian political system is federal but unitary.

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Amazing Facts About Constituent Assembly

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The constituent assembly was formed on the recommendation of the Cabinet Mission which visited India in 1946. The Constituent Assembly met for the first time in New Delhi on 9 December 1946 in the Constitution Hall which is now known as the Central Hall of Parliament House.
  • Mr. Sachchidanand Sinha was elected provisional chairman of the assembly.
  • Dr. Rajendra Prasad later became the permanent chairman of the constituent assembly.
  • On 13 December 1946, Pandit Jawaharlal Nehru moved the Objectives Resolution which resolved to proclaim India as the Independent Sovereign Republic and to draw up for her future governance a Constitution.
  • The Constituent Assembly took almost three years (two years, eleven months and seventeen days to be precise)
    to complete its historic task of drafting the Constitution for Independent India.
  • The Assembly held eleven sessions covering a total of 165 days.
  • India is governed in terms of the Constitution, which was adopted on 26 November 1949, which was the last day of the Eleventh session of the Constituent Assembly.
  • This date finds mention in the Preamble to the Indian Constitution thus IN OUR CONSTITUENT ASSEMBLY
    this twenty-sixth day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES
    THIS CONSTITUTION.
  • The honourable members appended their signatures to the constitution on 24 January 1950.
  • The Constitution of India came into force on 26 January 1950. On that day, the Constituent ceased to exist, transforming itself into the Provisional Parliament of India until a new Parliament was constituted in 1952.

Important Dates –

Constituent Assembly to Constitution

Assembly met for the first time – 09 Dec 1946

Objectives Resolution moved

13 Dec 1946

Constitution adopted

26 Nov 1949

Signed by members –

24 Jan 1950 Constitution came into force and Assembly ceased to exist – 26 Jan 1950

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Politics in India

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Politics in India
Politics in India

Politics in India takes place within the framework of a constitution. India is a federal  parliamentary democratic republic in which the President of India is head of state and the Prime Minister of India is the head of government. India follows the dual polity, i.e. the double government which consists of the union at the centre and states at the periphery. The constitution defines the organisation, powers and limitations of both central and state governments, it is written, rigid and supreme.

There is provision for a bicameral legislature consisting of an Upper House, i.e. Rajya Sabha, which represent the states of the Indian federation and a lower house i.e. Lok Sabha that represents the people of India as a whole. Indian constitution provides for an independent Judiciary headed by the Supreme Court to adhere and protect the constitution and to settle disputes between the centre and the states or between the states, it can also nullify any central or state laws if they are against the constitution.

India had its first general election in 1951, which was dominated by Indian National Congress, and went on to dominate the successive elections, up till 1977, when the first non-Congress government was formed for the first time in independent India. The 1990s saw the end of Single Party domination and rise of Coalition Governments. The elections for 16th Lok Sabha held in April and May 2014 once again brought back single-party rule in the country, that of the Bharatiya Janata Party.

Read Also: Constitution of India Brief Introduction

There are two types of political parties in India – National Party and Regional/State party. Every political party must bear a symbol and must be registered with the Election Commission of India.

In the current amendment to the Symbols Order, the Commission has infused the following five principles, which, in its view, should govern the polity in the country, situate as it is in its present state:

Legislative presence is a must for recognition as a National or State party.

  • For a National party, it must be the legislative presence in the Lok Sabha, and, for a State party, the legislative presence must be reflected in the State Assembly.
  • In any election, a party can set up a candidate only from amongst its own members.
  • A party, that loses its recognition, shall not lose its symbol immediately, but shall be given the facility to use that symbol for some time to try and retrieve its status.
  • Recognition should be given to a party only on the basis of its own performance in elections and not because it is a splinter group of some other recognised party.

There are three alliances on a national level in India.

  • National Democratic Alliance(NDA) – The Centre-Right coalition led by BJP was formed in 1998 after the elections, NDA formed the government although the government didn’t last long as AIADMK withdrew support from it resulting in 1999 general elections, in which NDA won and resumed power. The coalition government went on to complete the full five years term, becoming the first non-Congress government to do so.  
  • United Progressive Alliance(UPA) – The Centre-Left coalition led by INC, this alliance was created after the 2004 General Elections, with the alliance forming the Government. The alliance even after losing some of its members, was re-elected in 2009 General Elections with Manmohan Singh as head of the government.
  • Third front – The coalition of parties which do not belong to any of the above camps due to certain issues  One of the major parties in the alliance CPI(M), prior to 2009 General Elections was a member party of the UPA. The alliance has no official leading party.

On April 24, 1993, the Constitutional (73rd Amendment) Act, 1992 came into force to provide constitutional status to the Panchayati Raj institutions. This Act was extended to Panchayats in the tribal areas of eight States, namely Andhra Pradesh, Bihar, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh, Orissa and Rajasthan from 24 December 1996.

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The Act aims to provide 3-tier system of Panchayati Raj for all States having population of over 2 million, to hold Panchayat elections regularly every 5 years, to provide reservation of seats for Scheduled Castes, Scheduled Tribes and Women, to appoint State Finance Commission to make recommendations as regards the financial powers of the Panchayats and to constitute District Planning Committee to prepare draft development plan for the district.

Economic issues like poverty, unemployment, development are main issues that influence politics. Garibi hatao (eradicate poverty) has been a slogan of the Indian National Congress for a long time. The well known Bharatiya Janata Party encourages a free market economy. The Communist Party of India (Marxist) vehemently supports left-wing politics like land-for-all, right to work and strongly opposes neo-liberal policies such as globalization, capitalism,  and  privatization.

Terrorism, Naxalism, religious violence and caste-related violence are important issues that affect the political environment of the Indian nation. Terrorism had affected politics India since its conception, be it the terrorism supported from Pakistan. In 1991 the former prime minister Rajiv Gandhi was assassinated during an election campaign. The suicide bomber was later linked to the Sri Lankan terrorist group Liberation Tigers of Tamil Eelam.

The Babri Masjid demolition on December 6, 1992 by Hindu Karsevaks resulted in nation-wide communal riots in two months, with worst occurring in Mumbai with at least 900 dead. The riots were followed by 1993 Mumbai Bomb Blasts, which resulted in more deaths.

Law and order issues, such as action against organised crime are issues which do not affect the outcomes of elections. On the other hand, there is a criminal–politician nexus. Many elected legislators have criminal cases against them.

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Facts about PREAMBLE of the Indian Constitution

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preamble
preamble
  • Indian Constitution has been framed by the congress Assembly by working committee on June 24, 1946.
  • In the meeting of the Constituent Assembly, Congress adopted a resolution in the eve of November 1946, declaring that: “it stands for an independent sovereign republic wherein all powers and authority are derived from the people and for a Constitution wherein social objectives are laid down to promote freedom, progress & equal opportunity for all the people of India…..”
  • In the early draft of the Union Constitution, Preamble was a somewhat formal affair, which was provided by B.N. Basu’s memorandum on the Union Constitution on 30th May 1947. And it was:

“We the people of India, seeking to promote the common good, do hereby, through our chosen representatives, enact, adopt and give to ourselves this Constitution”.

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  • The Preamble was finally adopted on Twenty-sixth day of November 1949. Now, the present form of Preamble is as under:

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith, and worship;

EQUALITY of status and of opportunity; and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

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Terms of Preamble

Sovereign – It means supreme or independent. The country is both, internally as well as externally sovereign. Externally it is free from any foreign power and internally it exercises a free government directly elected by the people and makes laws that govern the people.

Socialist – The word was added by the 42nd amendment act of 1976. It implies to social and economic equality. Social equality means there is no discrimination on the grounds of caste, colour, creed, sex, religion, language, etc. Each one enjoys equal status and opportunities.

Secular – The word was inserted by the 42nd amendment act of 1976. Secular implies equality of all religions and religious tolerance. No state in India has an official state religion. Anybody can preach, practice and propagate any religion of his or her choice. In the eyes of the law, all citizens are equal irrespective of their religious beliefs.

Democratic – This means that the government of all levels are elected by the people through a system of universal adult franchise. Every citizen irrespective of caste, creed, colour, sex, religion or education who is 18 years of age and above is entitled to vote, if not debarred by law.

Republic – The term means that the head of the state is elected, directly or indirectly, for a fixed tenure. The President of India is elected by Electoral College for a fixed period of five years.

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Vision set forth in the Indian Constitution

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indian constitution

The Preamble of the Indian Constitution:

It is the introductory statement that provides briefly the objectives of the Indian constitution, The Preamble of the Indian Constitution provides guidance to the representatives of the people in their task. It gives expression to the aspirations of the Indian people,

We, the people of India:

The Preamble of Constitution of India commence with the word ‘We, the people of India’ – it refers that the constitution derives its authority from the people of India. The final source of all power are people of India.

India is sovereign:

Before independence, we were governed by the laws made by the British rulers. There is no such foreign control over us now. We can frame our laws without any external interference. Our head of the State is the President of India, who is elected and not appointed. The sovereignty rest in the people of India who are the ultimate master of their own destiny.

India is democratic:

The great thinker and President of USA, Abraham Lincoln (1861-65 CE)  defined democracy as the ‘government of the people, by the people, and for the people. In our country, it is through our elected representatives that the state policies are made and implemented for the welfare of our people.

India is a Republic:

In a Republic system, no external authority has any say in the affairs of the country. Before the independence, the queen and king of Britain happened to be the constitutional head of India. But with the introduction of our Indian constitution, we have become the republic and our elected representatives in the parliament and state legislature has equal freedom.

India is Secular:

In India, the law of the state does not show discrimination for any particular religious group. The freedom to follow a faith of one’s choice is guaranteed in the constitution. In the term of employment, no restrictions can be imposed on the basis of a person’s religion.
Secularism denotes equal regard for religious sentiments of all people, all people have freedom to follow any religion in India. Secularism means that all are free to profess or preach the faith of their liking.
Dr. B. R. Ambedkar, the principal architect of the Indian constitution was of the view that, “Secular does no mean that the state shall not take into consideration religious sentiments of the people. The secular state means that the parliament shall not impose any particular religion upon the people.”
Secularism treats all religions on equal footing and accepts freedom of religion. Secularism believes in religious co-existence and people following different religions  can live side by side.

Regarding secularism the following articles exist in the Indian Constitution:

  • Article  15: The State does not discriminate against any citizen on the ground of any religion. All citizens have equal access to shops, tanks, wells, and public place.
  • Article 25 (1): All citizen are equally free to follow any religion of their choice,
  • Article 27: No person can be made to pay any tax for the promotion of any religion.
  • Article 28 (1): No religious instruction can be provided in any educational institution wholly maintained out of state funds.
  • Article 29 (1): On religious ground no citizen can be denied admission to any educational institution maintained by the state or receiving aid out of state funds.
  • Article 30: It gives the right to establish educational institutions to religious and linguistic minorities based on religion or language. It also prohibits any discrimination in grant of aid to any educational institution run by a religious minority.

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India is Socialist:

Our constitution aims at establishing the socialist society. Indian Constitution providing measures through which economic disparities may be diminished. It does not mean that government intends to make the rich people poor. The intention is to raise the standard of living of people who are economically backward. There is a special provision in the constitution that allow the government to make legislation for protecting the interest of the weaker section of the society.
Economic justice is ensured through provisions like minimum wage and equal opportunities for employment in commercial organizations.
Political justice means that there is a liberty to make any political vision. There is a liberty to have any political view but they must not go against the interest of the nation as a whole. Similarly, there is the freedom to vote for any recognized political party in the country.

Liberty and Equality:

The Indian Constitution provides that no citizen shall be deprived of this freedom. There can be no detention without proper authority of law. There is also the freedom of expression and speech. Equal opportunities are ensured to all citizen for their fullest development.

Fraternity:

The Indian constitution intends to promote the feeling of mutual feeling of brotherhood among all the citizen.
Liberty, fraternity, and equality are inter-relation. It is only when all citizen is free and bound by a feeling of brotherhood for each other. Equality before law and feeling of brotherhood for each other alone can ensure that there will be real freedom.
The Indian constitution provides that all men are born equal and free. So it guarantees to them these basic freedoms.
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