Administrative Relations Between Centre and State
The Centre's public actions, documents, and judicial proceedings and each state are to be given complete faith and credit throughout the nation. The Parliament has the power to select a competent authority to carry out the constitutional provisions governing interstate trade, commerce, and intercourse.
The Parliament can rule on any disagreement or complaint about water usage, distribution, or management in any interstate river or river valley.
Administrative Relations Between Centre and State - Allocation of Executive Powers
The Centre's Executive Authority encompasses the whole country. A state's executive power extends to areas where the state legislature has ultimate legislative authority.
Unless a constitutional or parliamentary act vests explicitly executive power in the Centre, the executive power belongs to the states where both the Parliament and the state legislatures have legislative jurisdiction.
Administrative Relations Between Centre and State - Center's Control Over State Legislation
- The state's edifice and operation of communications networks
- Provision of appropriate facilities for students from linguistic minority groups in the state to receive primary school education in their native language.
- Specific programs for the welfare of the state's Scheduled Tribes are being developed and implemented.
- The coercive sanction underpinning the Central Directions under Article 365 also applies in specific circumstances.
Concerns Regarding Administrative Relations Between Centre and State
- The central government and the states have unequal and unbalanced legislative authority.
- As a result, the Centre is unable to delegate legislative authority to the states, and a single state is unable to request that.
- Parliament approves legislation on a state matter.
- In general, executive authority is apportioned similarly to legislative power.
- However, with such a clear division in the executive branch, there may be some disputes between the two.
- As a result, to decrease rigidity and avoid deadlock, the Constitution allows for interstate delegation of administrative tasks.
The Indian Constitution's architects included extensive provisions in the Constitution regarding Administrative Relations Between Centre and State to avoid disputes between the two.
Legislative and Administrative Relations Between Centre and State
Listed are the administrative and legislative relations between the Centre and the state.
Deals with public actions, documents, and judicial proceedings.
Full faith and recognition must be given to all the journals, public acts, and judicial proceedings of the Union and every State.
The manner and conditions under which the previous actions, descriptions, and proceedings are to be proved, shall be provided by such law as made by the Parliament.
The final conclusions enacted by the civil courts are capable of implementation anywhere within that region.
Administrative Relations Between Centre and State - Previous Cases
Listed are some previous legal cases or decisions depicting administrative relations between the centre and state.
State of Rajasthan vs. Union of India (1977)
The Apex Court held that the allocation of advice to the State government is justified if the Union Government is of the opinion that the executive power of the State is exercised may be in violation to the enforcement of Central Laws.
State of Karnataka vs. Union of India (1977)
Centre can allocate suggestions to a State under Article 256 as a legal entity.
Rameshwar Oraon vs. State of Bihar and Ors. (1995)
It is compulsory for the State Government to act according to the rules given by the Central Government.
Swaraj Abhiyan vs. Union of India (2017)
The Apex Court marked awareness to this provision, calling it a 'forgotten provision'.
Provisions About an Inter-State Council
It is legal for the President to designate an inter-state council if they believe it would serve the interests of the public and comes under Article 263 of the Constitution of India.
The President can describe the type of duties the Council has to perform, its organizational structure, and the methodologies that must be followed.
The President can authorize the Council with the subsequent tasks:
- To study issues in which some States, or the Union and one or more of the States show a shared interest;
- To ask and advise upon conflicts which may have emerged between States;
- To make suggestions upon any matter and advice for enhanced coordination of guidelines and steps concerning that issue.
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