federalism and friction in centre state relation: a crtical analysis

7/23/2019 Federalism and Friction in Centre State Relation: A Crtical Analysis

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Federalism and Friction in Centre-State Relation: A Comparative Analysis

1. INTRODUCTION

The term federal has been derived from the Latin term foedus which means treaty or

agreement This treaty or agreements follows the merger of a n!mber of separate states into a

single sovereign state The aim of agreement is to arrive at a compromise" between the

interests of the central a!thority" which comes into being" as a res!lt of merger of the states"

on the one hand" and the vario!s states" which are transformed into constit!ents !nits of that

political edifice on the other hand A compromise is arrived at between the competing

principles of the national !nity and a!tonomy of the states#

$n other word" federalism constit!tes a comple% governmental mechanism for the governance

of a co!ntry $t see&s to draw a balance between the forces wor&ing in a favo!r of

concentration of power in the centre and those !rging a dispersal of it are a n!mber of !nits

A federal Constit!tion envisages a demarcation of governmental f!nctions and powers

between the Centre and the regions by the sanction of the Constit!tion" which is a written

doc!ment From this follows two necessary conse'!ences:-

i That the invasion by one level of governmental on the area assigned to the

other government is a breach of the Constit!tion

ii That any breach of the Constit!tion is a (!stifiable iss!e to be determined by

the Co!rts as each level of government f!nctions within the area assigned to

it by the Constit!tion

K.C Wheare defines federal government as an association of states" which has been formed

for certain common p!rposes" b!t in which the member states retain a large meas!re of their

original independence A federal governmental e%ists when the powers of the government for

a comm!nity are divided s!bstantially accordingly to a principles that there is a single

independent a!thority for the whole area in respect of some matters and there are independent

regional a!thorities for other matters" each set of a!thorities being co-ordinate to and

s!bordinate to the other within its own sphere) The framer of the $ndian Constit!tion

attempted to avoid the diffic!lties faced by the federal Constit!tion of *SA" Canada and

A!stralia and incorporate certain !ni'!e feat!res the wor&ing of the $ndian Constit!tion

1 R+ Cha!bey" ,Federalism Autonomy & Centre-State Relations Satyam oo&s" .ew /elhi" )001

at #2 3 #4

2 5+ Tripathi" ,Federalism: The Reality and the Myth26 ar Co!ncil of $ndia" )7# 8#914

Ra(iv ;andhi .ational *niversity of Law" 5!n(abPage 1


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Th!s" o!r Constit!tion contains certain novel provisions s!ited to the $ndian conditions The

do!bt which emerges abo!t the federal nat!re of the $ndian Constit!tion is the powers of

intervention in the affairs of the states given to the Central ;overnment by the Constit!tion

According toWhearein practice the Constit!tion of $ndia is '!asi- federal in nat!re and not

strictly federal Sir !"or #ennin$s was of the view that $ndia has a federation with a strong

centrali


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the States /r Ambed&ar" one of the architects of the $ndian Constit!tion" rightly prophesied:

@!r Constit!tion wo!ld be both !nitary as well as federal according to the re'!irements of

time and circ!mstances >ainly friction between centre and state were e%amined in present

seminar and with evolving friction the effect on federal str!ct!re of $ndia 4

4 /rSarita" ,Federalism in !ndiaRegal 5!blications" .ew /elhi" )009 at p 72



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2. TEST FOR INDIAN FEDERAL STRUCTURE

;enerally" democratic constit!tions are classified into two categories- *nitary and Federal $n

a !nitary constit!tion" all the powers are concentrated in a central a!thority The states or the

constit!ents of the co!ntry are s!bordinate to s!ch central a!thority

According to)rof. Whearethe constit!tion of *SA" A!stralia" and Swit5 6ain" ,!ndian Constituional 'a( Le%is .e%is" ?aryana" )0#2 at p 19#



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The form of administration has a close relation with form of constit!tion" and the former m!st

be appropriate to" and in the same sense as" the latter $t is '!ite possible to prevent the

constit!tional mechanism witho!t changing its form by merely changing its form by merely

changing the form of administration and ma&ing it inconsistent with and opposed to the spirit

of constit!tion Since $ndia was emerging as an independent emerging co!ntry after a long

period of ritish R!le" the co!ntry lac&ed democratic val!es The constit!tion ma&ers

therefore tho!ght it pr!dent not to ta&e ris& and incorporate in itself the form of

administration as well" instead of leaving it to legislat!re" so that the whole mechanism may

become viable

$t wo!ld" however" be wrong to s!ppose that $ndian Constit!tion with all its proli%ity finally

settles all problems of government $t leaves a n!mber of matters to be ta&en care of by

ordinary legislation $t also provides scope tho!gh not so m!ch as in ritain" for the growth

and development of convention Th!s the relation between the president and his co!ncil of

the minister" the concept of ministerial responsibility for the act of officials relationship

between the 5rime >inister and his co!ncil of ministers" the appointment of a state governor

dissol!tion of LS or RS by the 5resident and the governor are some of matter which are left

to be evolved by conventions

$t is not correct to ass!me that the convention of the ritish Constit!tion wo!ld operate suo

motu in $ndia whenever relevant and applicable $n co!rse of time some of these conventions

have been '!estioned and new conventions are in the process of emergence This is mainly

beca!se most of their conventions have been evolved in the conte%t of a two-party system"

while in $ndia a m!ltiparty system is evolving

Rigidity of the Constitution: - The proced!re of amending the Constit!tion regarding the

federal principle is rigid *nder Art2ED re'!ire not only the absol!te ma(ority of the two

?o!ses of 5arliament and two-thirds ma(ority of the members present and voting b!t also

endorsement of endorsement of the legislat!re of at least half the states

So the essential criteria of 5rof +C heare are satisfied only to this e%tent The f!rther

elements evolved with passage of revol!tion in political set!p



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Independent Judiciary: - we" in $ndia aim for a democratic society" wherein" government

even !p to the grass roots is contemplated" then for the management of s!ch a government"

there (!diciary has also to be organi


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A per!sal of Articles 2) and ))E also brings o!t the facts that the ?igh Co!rt is not in any

manner s!bordinate to the S!preme Co!rt and in fact is vested with more powers than the

S!preme Co!rt by the Constit!tion itself Art ))E clearly provide that notwithstanding

anything in Art 2) every ?igh Co!rt shall have the power to iss!e the writs for enforcement

of the f!ndamental rights and for any other p!rposes" whereas the provision of Article #2D

and Article #29 re'!ire a law made by the 5arliament to enlarge or confer the (!risdiction

!nder the S!preme Co!rt of $ndia

This practices does not mean that there is no federalism principles in o!r Constit!tion" or that

it is wholly based on !nitary principles" b!t that it is an attempt for the !nification of the

entire system to prevent it from disintegrating and also to prevent the coming into force of

m!ltiple and conflicting decisions on the same s!b(ect matter ?ad this been not the practice"

it wo!ld have res!lted in contradiction and conf!sion" and wo!ld lead to the same law

interpreted and applied in one State and another manner in another State

Distribution of powers: - An essentials feat!re of every federal Constit!tion is the

distrib!tion of powers between the Central ;overnment and the governments of the several

!nits forming the federation Federation means the distrib!tion of the power of the State

among a n!mber of coordinate bodies" each originating in and controlled by the Constit!tion

The essential characteristics of a federal Constit!tion" which we have en!merated above" are

present in the $ndian Constit!tion The Constit!tion establishes d!al polity The d!al polity

consists of the *nion at the Centre and States in different parts of the co!ntry" each endowed

with powers to be e%ercised in the field assigned to them respectively by the Constit!tion



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3. STRAINS ON FEDERALISM IN INDIA

Strains reflect constit!tional biasness toward states and giving more power to the central /r

Ambed&ar while moving the different parts of the constit!tion for the adoption in the

Constit!ent Assembly had repeatedly emphasi


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b) !tate List: - List $$ or the State List9comprises E# entries over which the State

legislat!re has e%cl!sive power of legislation" s!ch as p!blic order and police" local

government" p!blic health and sanitation" agric!lt!re" fisheries" state ta%es and d!ties

c) Concurrent List: - List $$$ gives conc!rrent legislative#0powers to the *nion and the

State legislat!re over 7) items" s!ch as criminal law and proced!re" civil proced!re"

marriage" contracts" forests" tr!sts" welfare of labo!r" ins!rance" economic and social

planning and ed!cation

A close loo& at the lists indicates that all important and vital matters have been p!t either in

the *nion List or Conc!rrent List $n case of overlapping of a matter as between the three

lists" predominance has been given to the !nion Legislat!re" as provided !nder the

;overnment of $ndia Act" #927 @n other sphere of rep!gnancy between a *nion and a State

law relating to the same s!b(ect" the former prevails $f" however" the state law reserved for

the assent of the 5resident and has received s!ch assent" the state law may prevail

notwithstanding s!ch rep!gnancy" b!t it wo!ld still be competent for parliament to override

s!ch state law by s!bse'!ent legislation 8Art )7) 8) The f!rther topic wise ill!strations

were e%amined below that how the legislative strains itself forming root biasness between

Centre and States They are as follows: -

" In #ational Interest $under %rticle &'()

Article )49 of the Constit!tion" which empowers the *nion 5arliament to legislate on

the s!b(ect matter of State List whenever" the Co!ncil of the States declares so by a

resol!tion s!pported by not less than two thirds of the member present and voting"

s!ch legislation being necessary and e%pedient in national interest S!ch a resol!tion

may remain in force for the period mentioned therein" b!t it cannot e%ceed one-yearperiod

Article )49 bitterly criticised by the Constit!ent Assembly##The critics called the

provision mischievo!s and arg!ed that when there was Article )7) there was

9 Article )4E 8iii of the $ndian Constit!tion

10 Article )4E 8ii of the $ndian Constit!tion

11 $$$" Constit!ent Assembley /ebates" D0#-D0)



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necessity of having Article )49" which wo!ld be a moc&ery of provincial a!tonomy

!t the critical arg!ments did not find favo!r in the Constit!ent Assembly and Article

was not dropped

Article )49 of the $ndian Constit!tion is a very !sef!l provision" which mitigates the

traditional rigidity of federalism This article can be !sed when national interest

demands immediate and !rgent legislation The =ssentials S!pplies Amendment Act

#970" and the S!pply 5rices ;oods Act" #970 was o!tcome when goods prices were

became high and no action co!ld be ta&en !nder entry 22 List $$

?ence" it was empowering *nion ;overnment to ma&e law in respect of the s!b(ect

matter present in the State S!b(ects

& nder rocla*ation of +*ergency $under %rticle &,)

Article )70" Cla!se #" of the Constit!tion empowers the 5arliament to ma&e laws for

whole co!ntry or any part of the territory of $ndia with respect to any of matter of

State s!b(ect when a 5roclamation of =mergency is in operation Th!s the *nion

5arliament has wide discretionary legislative powers as those *nitary Sates to cope

with the sit!ation#) $n this respect" the $ndian Constit!tion follows the schemes of the

Act #927 The 5roclamation of =mergency can last long for si% month

$t is tr!e that $ndian Constit!tion" by virt!e of Art )70" provides wide discretionary

powers to 5arliament d!ring =mergency !t the reason for s!ch powers can be

!nderstood by the considering the fact the m!ltiple powerf!l disr!ptive forces have in

them the great potentiality of doing immense mischief to $ndias national e%istence

and considering also the fact that the effective prosec!tion of a modern war might

re'!ire total mobili


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Article )7) of the constit!tion is another !ni'!e provision of $ndian scheme of

distrib!tion of legislative powers which ma&es the $ndian federal system fle%ible As

>en&atramaiya observes:-#2

/ederalis*000*ay be either a co*petitive or co operative character and the

federalis* as conte*plated by the new Indian constitution is essentially co

operative0

Article )7)8# of the constit!tion lay down that if it appear to the legislat!res of two

or more state to be desirable that any of the matters with the respect to which the

parliament has no power to ma&e law for the state e%cept as provided in article

)49and )70 of the constit!tion and sho!ld be reg!lated in s!ch state by the parliament

by law and if the resol!tion to that effect passed by all the ho!ses of the legislat!re of

those states" it shall be lawf!l for the parliament to pass an act for reg!lating the

matter shall apply to s!ch states

$n others word 5arliament also become entitled to legislate for two states by their

consent $f two or more state re'!est the central government to legislate on the

partic!lar s!b(ect mentioned in the state list" in so far as their states are concerned" the

central 5arliament shall legislate on those s!b(ects as well $f any s!ch laws is to beamended or repealed" it can be done only by 5arliament alone b!t the initiative for it

rests with the States concerned

' Legislation for 1iving +ffect to International %gree*ents

*nder Article )72 5arliament ahs power to ma&e any law for the whole or any part of

$ndia for $mplementing any treaty" agreement or convention with any other co!ntry or

co!ntries or any decision made at any international conference" association or other

body This provision entitles parliament to legislate even in the respect of those

s!b(ects that were incl!ded in the state list

$n Ram #a(a"s ". State of )un1a*23 the S!preme Co!rt went f!rther in asserting the

necessity of enacting of a law even if there is no essation matter involved The case

13 > en&atrangaiya" ,The Centre and the 4nits in the 5e( Constitution$ndian 6o!rnal of

5olitical Science" # 8#970

14 8#977 ) SCR ))7



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followed the position of =ngland in this regard and r!les that private rights cannot be

affected by a treaty or e%ec!tive action by way of its implementation !nless there is an

Act of 5arliament to that effect

, nder a rocla*ation of /ailure of Constitutional 2achinery in the !tates

$%rt0 .,3$")$b))

The carrying of administration of a state in case of a fail!re of the constit!tional

machinery is vested in hand of the 5resident Art 277 it is responsibilities of the

*nion to ens!re f!nctioning of the state and if the constit!tion machinery brea&s

down in state than *nion e%ec!tives powers e%tended to state

3 Residuary owers of arlia*ent nder %rticle &'4

The vesting of resid!al powers !nder the constit!tion follows the precedent of

Canada" for" it is given to the *nion instead of the States $n this respect" the

constit!tion differs from the ;overnment of $ndia Act" #927" for" !nder that Act" the

resid!al powers were vested neither in the federal nor in the State Legislat!re" b!t

were placed in the hands of ;overnor-;eneralH the constit!tion vests the resid!ary

powers ie" the powers to legislate with respect to any matter not en!merated in any

one of three Lists- in the *nion Legislat!re and the final determination as to whether

a partic!lar matter falls !nder the resid!ary powers or not is that of the co!rts#7

3.2.%d*inistrative !trains: - Any federal scheme involves division of powers between the

*nion and the States not only in the legislative field b!t also in e%ec!tive and administrative

fields S!ch distrib!tion of administrative powers may have a strong bias as it e%ists in $ndia

e will loo& different administrative strains and e%amine They are follows:-

") Control over !tates 5 6bligation of !tates

hile Article )7E imposes general obligations on States" Article )71 imposes a

general obligation not to do anything which wo!ld impede or ca!se pre(!dice to the

15 S!bramanyam v >!th!swami" A$R #94# FC 41



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e%ercise of the e%ec!tive power of the *nion $t clear from bare reading of Article that

the *nion can give direction to the States

As to the manner in which the e%ec!tive power of the State shall be e%ercised

so as not to impede or abridge the e%ec!tive power of the *nionH

As to constr!ction and maintenance of means of comm!nication declared to

be of national or importationH and

For the protection of Railways

$f in carrying o!t the directions of the State" certain additional e%pendit!re has been

inc!rred by the State" it will be given by the ;overnment of $ndia or in case of defa!lt

of agreement" arbitrator may be appointed by the Chief 6!stice to decide on the point

of e%tra cost

&) +7ecutive e7tends their power during +*ergency

=mergency provisions of the Constit!tion as provided in 5art G$$- Articles 27)-E0

constit!te the most e%plicit statement of the overwhelming power of the centre" not

only to transform the normal federal arrangements in three circ!mstances" ie"

.ational =mergency 8Article 27)" fail!re of constit!tional machinery in States

8Article 27E and Financial =mergency 8Article 2E0 into abnormal !nitary

f!nctioning" b!t also to s!spend and abridge the a!thority of states and imposes

central r!le for certain period of time 8Article 27E-2E7

.) Inter-!tate Water Disputes

@ne of the most recent strains is inter-state water disp!tes and interference of !nion

Article )E) dealing with the water of inter-state rivers and river valleys 5arliament

may by law provide for the ad(!dication of any disp!te or complaint with respect to

the !se" distrib!tion or control of water of any inter-state river or river valley

') %ll-India !ervices

The presence of All-$ndia Services 8Article 2#) li&e the $ndian Administrative

Services" the $ndian 5olice Service etc" f!rther ma&es the a!thority of the Central

;overnment dominant over the states The members of these All-$ndia Services are

appointed by the 5resident of $ndia on the basis of a competitive e%amination held by



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*5SC the constit!tion ma&e provision for creation of new All-$ndia services by the

5arliament The parliament can create new All-$ndia Services if Ra(ya Sabha passes a

resol!tion by a ma(ority of two-thirds of its members present and voting" that it is

necessary in the national interest to do so

3.3 /inancial !trains: - $n a federation since there are two governments" finance to!ches the

content and wor&ing of a federal polity and prere'!isite of a good govt ?ence it is necessary

that financial reso!rces between the centre and the states are allocated in s!ch a way that

there is e%ists e'!ilibri!m between the f!nction and reso!rces at vario!s level Two important

feat!res of a federation are # sta complete separation of Centre and State ta%ing power and )nd

transfer of f!nd from centre to state Financial relation between the Centre and the State in

$ndia constit!ent were the most diffic!lt iss!e of federal balance Any scheme of federal

finance has to ens!re that distrib!tion of f!nctions is matched by the distrib!tion of ade'!ate

reso!rces

I0 8a7ing

The constit!tion ma&es distinction between the legislative power to levy ta% and

power to appropriate the proceeds of attac& so levied The legislative power to ma&e

law for imposing the ta% is divided between the !nion and the state by means of

specific entries in the !nion and the state list in sched!le $$#E hile the State

legislat!re has power to levy and state d!ty in respect of agric!lt!ral land 8entry 4D of

list $$" the power to levy a state d!ty in respect of non agric!lt!ral land belong to

parliament 8entryD1 of list $ $t is state legislat!re which is competent to levy ta% on

agric!lt!ral income 8entry 4E l $$ while parliament has power to levy income ta% on

all income other than agric!lt!ral income 8entry D) of List $ #1

II0 1rant in aid

16 Constit!tion" Schd!le $$

17 // as!" !ntrodution to the Constitution 6f !ndia 0.2#E



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=ven after the assignment to the states of a share of the central ta%es" the reso!rces of

all the states may not be ade'!ate The constit!tion" therefore" provides that grants-in-

aid shall be made in each year by the !nion to s!ch states as parliament may

determine to be in need of assistanceH partic!larly" for the promotion of welfare of

tribal areas" incl!ding special grants to Assam in this respect 8Article )17#D

4. JUDICIAL INTREPRETATION

The debate whether $ndia has a Federal Constit!tion and Federal ;overnment has been

grappling the Ape% co!rt in $ndia beca!se of the theoretical label given to the Constit!tion of

$ndia" namely" federal" '!asi-federal" !nitary The first significant case where this iss!e was

disc!ssed at length by the ape% Co!rt was State of West en$al 7. 4nion of !ndia28The main

iss!e involved in this case was the e%ercise of sovereign powers by the $ndian states The

legislative competence of the 5arliament to enact a law for comp!lsory ac'!isition by the

*nion of land and other properties vested in or owned by the state and the sovereign a!thority

of states as distinct entities was also e%amined The ape% co!rt held that the $ndian

Constit!tion did not propo!nd a principle of absol!te federalism Tho!gh the a!thority was

decentrali


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distrib!ted between the *nion and the States with greater weight age in favo!r of the *nion

Another reason which militates against the theory of the s!premacy of States is that there is

no d!al citi


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$t was stated that even if it is possible to see a federal str!ct!re behind the establishment of

separate e%ec!tive" legislative and (!dicial organs in the States" it is apparent from the

provision ill!strated in Article 27E that the *nion ;overnment is entitled to enforce its own

views regarding the administration and granting of power in the States The e%tent of

federalism of the $ndian *nion is largely watered down by the needs of progress"

development and ma&ing the nation integrated" politically and economically co-ordinated"

and socially and spirit!ally !plifted The Co!rt then proceeded to list o!t some of the

Constit!tional provisions which establish the s!premacy of the 5arliament over the State

legislat!res $n concl!sion the ape% Co!rt held that it was the prerogative of the *nion

5arliament to iss!e directives if they were for the benefit of the people of the State and were

aimed at achieving the ob(ectives set o!t in the 5reamble

The iss!e of federalism was carried forward in S.R.ommai 7. 4nion of !ndia92 Fo!r

opinions were rendered" e%pressing varying views 6!stice Ahmadi opined that in order to

!nderstand the tr!e nat!re of the $ndian Constit!tion" it is essential to comprehend the

concept of federalism The essence of the federation is the e%istence of the *nion and the

States and the distrib!tion of powers between them The significant absence of e%pressions

li&e federal or federation in the Constit!tion" the powers of the 5arliament !nder Articles )

and 2" the e%traordinary powers conferred to meet emergency sit!ations" resid!ary powers"

powers to iss!e directions to the States" concept of single citi


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States above the powers of the 5arliament The end so!ght to be achieved by the Constit!tion

ma&ers was to place the whole co!ntry !nder the control of a !nified Central ;overnment"

while the States were allowed to e%ercise their sovereign powers within their legislative"

e%ec!tive and administrative powers The essence of federalism lies in the distrib!tion of

powers between the Centre and the State 6!stice Ramawamy declared the $ndian str!ct!re

as organic federalism" designed to s!it the parliamentary form of ;overnment and the diverse

conditions prevailing in $ndia 6!stice 6eevan Reddy and 6!stice Agarwal opined that the

e%pression federal or federal form of government has no fi%ed meaning The Constit!tion is

also distinct in character" a federation with a bias in favo!r of the Centre

5. RECOMMENDATION OF COMMISSION

5.1. Sarkaria Commission

$t made the strong s!ggestion that Article 210 was not a transitory provision This

appears to have been made specifically in response to Ione all-$ndia political partyI

that demanded the deletion of Article 210 Iin the interests of national integrationI

$t recommended that the resid!ary powers of legislation in regard to ta%ation matters

sho!ld remain e%cl!sively in the competence of 5arliament while the resid!ary field

other than that of ta%ation sho!ld be placed on the conc!rrent list That the enforcement of *nion laws" partic!larly those relating to the conc!rrent

sphere" is sec!red thro!gh the machinery of the states

To ens!re !niformity on the basic iss!es of national policy" with respect to the s!b(ect

of a proposed legislation" cons!ltations may be carried o!t with the state governments

individ!ally and collectively at the for!m of the proposed $nter-;overnmental

Co!ncil $t was not recommended that the cons!ltation be a constit!tional obligation

@rdinarily" the *nion sho!ld occ!py only that m!ch field of a conc!rrent s!b(ect on

which !niformity of policy and action is essential in the larger interest of the nation"

leaving the rest and details for state action

@n administrative relations" Sar&aria made the following observation: IFederalism is

more a f!nctional arrangement for cooperative action" than a static instit!tional

concept Article )7D 8power of the *nion to confer powers etc on states in certain

cases provides a tool by the liberal !se of which cooperative federalism can be

s!bstantially realised in the wor&ing of the system A more genero!s !se of this tool

sho!ld be made than has hitherto been done" for progressive decentralisation of

powers to the governments of the statesI



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@n Article 27E" it was recommended that it be !sed Ivery sparingly" in e%treme cases"

as a meas!re of last resort" when all other alternatives fail to prevent or rectify a

brea&down of constit!tional machinery in the state))

5.2. Pn!""i Commission

The commission has proposed Ilocalising emergency provisionsI !nder Articles 277

and 27E" contending that localised areas-either a district or parts of a district - be

bro!ght !nder ;overnorKs r!le instead of the whole state S!ch an emergency

provision sho!ld however not be of d!ration of more than three months

The commission however s!pports their right to give sanction for the prosec!tion of

ministers against the advice of the state government

The commission also critici


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#. CONCLUSION

e can henceforth see that the $ndian (!diciary had interpreted the Constit!tion to declare$ndia a !nitary nation This view of the ape% co!rt has lately !ndergone a change The Co!rt

has recogni


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the traditional characteristics of a federal system" namely s!premacy of the Constit!tion"

division of power between the *nion and States and e%istence independent (!diciary The

ape% Co!rt in!TC 'T% " A$riultural )rodue Mar+et Committee9>e%pressed a similar

opinion

The finer federal facet has often been misinterpreted by the central operators So the battle for

federal affirmation and restoration of democratic decentrali


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$n the light of the past e%periences of mis!se of power certain amendments sho!ld be effected

which will strengthen the federal nat!re of o!r Constit!tion

Firstly" there sho!ld be devol!tion of more financial reso!rces and powers on the

States so that they do not have to depend on the Centre for financial assistance

Secondly n!mber of stat!tory grants to which the States are entitled sho!ld increase

Thirdly" the States sho!ld also be given greater a!tonomy to !nderta&e developmental

programmes

Lastly" there sho!ld be some inb!ilt safeg!ards against the blatant mis!se of Article

27E by s!ccessive central ;overnments

$t is time to !nderta&e a st!dy of $ndian Federalism with a view to eval!ate the trends"

frictions and diffic!lties which have developed in the area of inter-governmental relations and

to see& to evolve ways and means to meet the challenging tas& of ma&ing the $ndian

federation a more rob!st" strong and wor&able system so that the co!ntry may meet the tas&s

of self-improvement and development



23/23


$I$ILIO%RAP&'

$ooks

# 6ain" > 5"!ndian Constitutional 'a(" 8.agp!r: adhwa 3 Co" )00)

) Seervai" ? >" Constitutional 'a( of !ndia ol # )DE" 8.ew /elhi: *niversal oo&

Traders" )00)

2 Sh!&la" ." Constitution of !ndia" 8L!c&now: =astern oo& Co" )00#

4 as!" / /" Commentary on the Constitution of !ndia" ol +" 8Calc!tta: +amal Law

?o!se" #99#

7 5andey" 6 ." Constitutional 'a( of !ndia" 8Allahabad: Central Law Agency" )002

#. Cha!bey" R+" Federalism Autonomy and Centre-State Relations 8 .ew /elhi:Sa!rabh 5rinters 5vt Ltd" )001

(. Sarita"Federalism in !ndia 8 .ew /elhi: Regal 5!blication" )009

Ar)i!*+s

1. 5alshi&ar" ;" 6" Federal Struture of the Constitution of !ndia and !ndian

#udiiary" A$R #991 6l ##2

,+-si)+s

http:wwwgangothriorg

http:wwwo!tloo&indiacomarticle&ey-recommendations-of-the-sar&aria-

commission)0910)

http:wwwpreservearticlescom)0##09)D#4)79what-were-the-main-

recommendations-of-p!nchhi-commissionhtml
http://www.gangothri.org/http://www.outlookindia.com/article/key-recommendations-of-the-sarkaria-commission/209702http://www.outlookindia.com/article/key-recommendations-of-the-sarkaria-commission/209702http://www.preservearticles.com/2011092814259/what-were-the-main-recommendations-of-punchhi-commission.htmlhttp://www.preservearticles.com/2011092814259/what-were-the-main-recommendations-of-punchhi-commission.htmlhttp://www.gangothri.org/http://www.outlookindia.com/article/key-recommendations-of-the-sarkaria-commission/209702http://www.outlookindia.com/article/key-recommendations-of-the-sarkaria-commission/209702http://www.preservearticles.com/2011092814259/what-were-the-main-recommendations-of-punchhi-commission.htmlhttp://www.preservearticles.com/2011092814259/what-were-the-main-recommendations-of-punchhi-commission.html

federalism and friction in centre state relation: a crtical analysis

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