Relation between Union and States

The relation between Union and States is the very bedrock of the Indian Federal system. India is a federal State with a national government and a government of each constituent state. Although the structure of India is federal in a general way, yet there are certain aspects that are unique to federalism as practiced in India. The Indian government follows a strong central bias. Some of the special features of India are as follows:

There is no equality of state representation. Representation in the Parliament can vary widely from one state to another depending on a number of factors including demography and total land area.

No double citizenship

The consent of a state is not required by the Parliament to alter its boundaries.

No state, except Kashmir, can draw its own Constitution.

No state has the right to secede.

No division of Public Services

The states enjoy relative autonomy in India. There is autonomy in the legislative, executive as well as the judicial powers for the states of India. However, the autonomy is limited by clear powers that are vested on the Union. The states are not delegates of the Union, but there are many spheres in which the devices and the agencies of the Union can take control over certain matters in the State. At the same time, it must be stressed that both the Union and the States are moreover subject to the limits imposed by the Constitution. The Fundamental rights cannot be violated by either the Union or the States, and thus none can be termed to be 'sovereign' in the true sense of the term.

Distribution of Legislative Subjects between the Union and the States

The division of the powers of the Union and the State can be traced to the distribution of the powers as stated by the three lists laid down by the Indian Constitution. Derived from the Australian constitution, these lists clearly divide the powers vested on the State and the Union. They are the Union List, the State List and the Concurrent List.

The Union List: Also referred to as List I, this list contains legislations, on which the Union enjoys exclusive control. Of the total 99 subjects that are included in the Union list, some are enlisted below:

Defence
Banking
Taxes
Coinage
Insurance
Currency
Union Duties
Foreign Affairs

The State List: This is the List II of the Indian Legislative. There are a total of 69 subjects in this particular list, all of which are exclusive legislative powers of the State. Some of the subjects enlisted in the State list are as follows:

Public Order and Police
State Taxes and Duties
Agriculture
Sanitation
Local governments
Forests
Fisheries
Public Health

The Concurrent List: This list contains 52 items, which are powers vested on the State as well as the Union. Some of the subjects included in the Concurrent List are as follows:

Economic and Social Planning
Criminal Law and Procedure
Civil Procedure
Torts
Trusts
Marriage
Education
Welfare and Labor
Contracts

However, in case there is any repugnance, the Union legislature will prevail over the State legislature. In case a State Law has already been reserved for the consent of the President, or if such an assent has already been granted, then the State Law will hold irrespective of the repugnance. However, the Parliament can override the Law through subsequent legislation.

The Residuary Powers are the legislative powers that fall in none of the above categories. The lists are usually exhaustive enough to include all possible subjects, and it is generally believed that the field of application will be very narrow. These powers are neither under the legislative powers of the State nor the Union, but is under the jurisdiction of the Judiciary.

It should be mentioned in this context, that the legislative powers of the Parliament can be extended under special situations to include certain subjects of the State List. Some of the conditions under which the Parliament may extend its powers include the follows:

In the National Interest: This is in accordance of the Article 249 of the Indian Constitution.
Proclamation of Emergency: Based on the Article 250 of the Indian Constitution, the Union takes over the Legislative powers of the State subjects once the President declares emergency in any state.
Agreement between the States: If two states agree that the Parliament can legally make laws with respect to the two states, then the Parliament can make laws relating to any law or set of laws related to the State Laws. This is an extension of the Parliamentary legislative as laid down by the Article 252 of the Indian Constitution.
Implementation of Treaties: The Parliament makes laws for the implementation of treaties, even if the subject falls under the legislative power of the State, for the bigger international interest of the country. This power has been given to the Union by the Article 253.
Failure of Constitutional Machinery in a State: This power of legislative extension follows a proclamation by the President that declares the inefficiency of a State Legislature. The powers of the State Legislature then come directly under the jurisdiction of the Union Legislative. It is guided by the Article 356 (1) (b) of the Indian Constitution.

Distribution of Executive Powers between the Union and the States

The distribution of the executive powers is much more complicated than the distribution of the legislative powers. Article 162 vests the executive powers on the Union and the States largely on the lines of the Legislative Powers. The executive powers related to laws included in the concurrent list ordinarily remain within the state's power. However, the Union has the right to take up the administration of the Union Laws relative to any concurrent subject, as and when it thinks fit. The Union also has the right to mediate during any dispute between the States. Generally, it can be thus concluded that the exercise of the concurrent list remains with the state, except in the following situations:

Whenever the Parliament vests some functions exclusively on the Union.
Where the provisions of the Constitution itself vests some executive functions exclusively on the Union like international agreement, irrespective whether the subject falls in the concurrent, Union or State List.