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Centre–State Relations (ADMINISTRATIVE RELATIONS (EXECUTIVE RELATIONS)…
Centre–State Relations
LEGISLATIVE RELATIONS
CONSTITUTIONAL SCHEME TITLED TOWARDS CENTRE..
ART246
UNDER 7TH SCHDULE: MORE THAN
2/3RD
SUNJECTS UNDER UNIONS CONTROL
STRONG CENTRE
UNION LIST
MORE SUBJECTS
IMP SUBJECTS
CONCURRENT LIST
JUST A 2ND UNION LIST
LAW PARLIAMENT ONLY ON THE RESIDUARY POWERS
LAWS IMPLEMENTING F.R AND DPSP BY PARLIAMENT
UNION CAN MAKE LAW ON STATELIST
ART 252:
IF 2 OR MORE STATES (LEGISLATION BY INVITATION) BUT SUCH TRANSFER OF POWER IS PERMANENT.
EVEN STATE GOVT. CAN'T REPEL SUCH ACT.. IT IS AGAINST PARLIAMENTARY PRINCIPLES.. AS NEWLY ELECTED GOVT. IN STATE HAS NO AUTHORITY ON LAW
WILD LIFE (PROTECTION) ACT, 1972; WATER (PREVENTION
AND CONTROL OF POLLUTION) ACT, 1974;
ART 253
: DISTRIBUTION OF POWER & FUNCTIONS NOT APPLICABLE IN INTERNATIONAL TREATIES & CONVENTION
FOR EG: AGRICULTURE IN WTO.. WHICH IS A STATE SUBJECT
ART249:
RAJYA SABHA RESOLUTION CAN ALLOW PARLIAMENT TO MAKE LAW ON STATE LIST
(RESOLUTION VALID FOR 1 YEAR & ACT 6 MONTH AFTER EXPIRY OF RESOLUTION)
PASSED BY 2/3RD MAJORITY
DURING EMERGENCY
ART 352: NATIONAL EMERGENCY
THE PARLIAMENT ACQUIRES THE POWER TO MAKE LAWS ON
STATE LIST DURING EMERGENCYI
SUCH LAW TO REMAIN IN OPERATION FOR EXPIRATION OF 6 MONTHS OF EMERGENCY
ART 356
STATE EMERGENCY
PARLIAMENT BECOMES EMPOWERED TO MAKE LAWS WITH RESPECT TO ANY MATTER
IN THE STATE LIST IN RELATION TO THAT STATE
SUCH A LAW IS NOT COTERMINUS
WITH REMOVAL OF PRES. RULE
IT CAN BE REPEALED BY STATE
CENTRE CONTROL OVER STATE LEGISLATION
ART 201
GOVERNOR RESERVING BILL FOR PREZ. CONSIDERATION
ARBITARY EXCERCISE OF ACT OF RESERVING OF BILL
..
FOR EX : GUJRAT ACT TO FIGHT TERRORISM WAS RESERVED FOR 20 YRS. & SIMILAR BILL OF MAHARASTRA PASSED
BILLS ON CERTAIN MATTERS ENUMERATED IN THE STATE LIST CAN BE INTRODUCED IN
SLA ONLY WITH THE PREVIOUS SANCTION OF THE PRESIDENT
BILL IMPOSING FREEDOM OF EXPRESSION
FINANCIAL EMERGENCY
THE PRESIDENT CAN DIRECT THE STATES TO RESERVE MONEY BILLS AND OTHER FINANCIAL BILLS PASSED BY SLA
ADMINISTRATIVE RELATIONS
(EXECUTIVE RELATIONS)
UNIONS POWER TO ISSUE DIRECTIVES:
WHAT ARE DIRECTIVES ABOUT?
PROTECTION OF IMP. COMMUNICATION LINE
RAILLWAYS
INSTRUCTION IN MOTHER TONGUE
WELFARE OF SCHEDULED AREAS
2.DPSP:
ALL SUBJECTS ARE ITEMS OF STATE LIST.. FOR WHICH UNION CAN ISSUE DIRECTIONS REGARDING STATE EXECUTIVE POWER
WHAT WILL HAPPENS IF DIRECTIVES NOT FOLLOWED
NOT ONLY UNION HAS POWER TO ISSUE BUT
POWER TO PUNISH
STATES IN EVENT OF NON COMPLIANCE OF UNION'S DIRECTION
WHAT PUNISNHMENT AND ITS BASIS?
BASIS:
ART 365 : PREZ HOLDING STATE CAN'T RUN ACC. TO CONSTITUTIONAL MACHINERY>>
SO ART 355:DUTY OF PREZ MAKE SURE STATE) RUNS ACC TO CONS. >>
PUNISHMENT
SO ART 356(PRESIDENT'S RULE)
BUT ARBITRARY USE OF ART 356
.PRESIDENT'S RULE
ARTICLE 356
ARBITRARY USE OF ART 356..
HOW
1979 JANTA PARTY USE ART 356 AGAINST 9 CONGREES RULED STATES.. ON GROUND THAT CONGRESS HAS LOST THE MANDATE
IN 1980: CONGRESS BACK IN POWER AND REPEATED THE PROCESS IN 9 STATES
ORIGIN OF THIS ARBITRARY POWER
.. ITS A PART OF COLONIAL LEGACY
MEMBERS OF CONS. ASSEMBLY DEMANDED DELETION OF THIS
BUT AMBEDKAR ASSURED THAT ART IS JUST FOR PRECAUTION... IT WILL REMAIN A DEAD LETTER
BUT WHAT IS SUPPOSED TO BE A DEAD LETTER IS USED MORE THAN 100 TIMES IN 70 YEARS
AS AGAINST SPIRIT OF FEDERALISM
WHAT IS CURRENT STATUS OF ART 356
THOUGH BY PREZ. ACTIVISM, JUDICIAL ACTIVISM, COIILATION GOVT. . HAS LED TO REDUCTION IN MISUSE OF ART 356..
BUT MISUSE HASN'T BEEN COMPLETELY ELIMINATED AS IN CASE OF ARUNACHAL PRADESH & UTTRAKHAND
SUPREME COURT ON ART 356
SC IN S.R BOMMAI CASE 1994 HELD THAT FEDERALISM (& SECULARISM) IS BASIC FEATURE OF INDIAN CONS. NOT JUST FOR ADMINISTRATIVE CONVINENCECS
LAID DOWN STRINGENT CONDITIONS(2) FOR IMPOSITION OF ART 356
1.SC
MAY NOT SEEK WHAT ADVICE TENDERED
BY COM TO PREZ.
BUT SC MAY REQUIRE MATERIAL EVIDENCE ON BASIS OF DECISION WAS MADE
MATERIAL EVIDENCE SHOULD BE A SPEAKING DOC. THAT MAY COMEL A RATIONAL MAN TO TAKE ACTION
TILL BOTH HOUSE PASSES RESOLUTION FOR IMPOSITION OF ART 356. . ASSEMBLY IS NOT DISSOLVED BUT SUSPENDED.. & IF SOME MALAFIDE INTENT OR BILL NOT PASSED THAN ASSEMBLY CAN BE RESTORED
A.P & UTTRAKHAND 1ST CASE WHERE ASSMEBLY HAS BEEN RESTORED
SC HELD ART 356 HAS LATENT CAPACITY TO DEPRIVE TWO BASIC FEATURES OF CONS.
FEQUENT USE UNDERMINES THE FAITH IN DEMOCRACY.. SO IT OBLIGATION FOR PREZ . TO PRESERVE CONS. OTHERWISE IT WILL LEAD TO HAVOC
SC. HELD "SOW A WIND - REAP A WHIRLWIND"
WHAT TWO FEATURE OF BASIC STRUCTIRE THIS ARBITRARY USE HURTS ?
FEDERALISM AND DEMOCRACY
SO MUST BE JUST WHERE ITS NON-USE WILL HARM NATIONAL INTEREST. & NOT TO BE USED WHERE OTHER REMEDIES ARE AVIALABLE
3.ALL INDIA SERVICES
CONCERN OF STATE
CM HAS LIMITED POWER WRT PERSONEL OF ALL INDIA SERVICE.. WHO OFTEN ACT AS AGENT OF UNION..
THERE HAS BEEN INSTANCES WHERE UNION REINSTATED OFFICERS SUSPENDED BY CM.. SO SC DIRECTED CONSTITUTING A CIVIL SERVICES BOARD WRT TO MATTER OF SERVICES BY ALL INDIA SERVICES
4.DEPLOYMENT OF ARMED FORCE IN STATES BY UNION
CONCERN OF STATE
THOUGH LAW & ORDER BEING STATE SUBJECT BUT:
42ND CONSAA ADDED ENTRY 2A IN UNION LIST: UNION GOVT TO INSTATE ARMED FORCES IN STATES TO AID STATE FORCES
(BUT SUCH ACTION IS TAKEN SOU MOTO BY UNION & OVER THOSE FORCES STATE HAS NOT CONTROL)