Centre-State Relations

Topics: Separation of powers, Legislature, Executive Pages: 17 (4028 words) Published: September 30, 2010


Jaseer Jaffar


India is our country with its capital being New Delhi where the parliament of India is situated. It is through parliament all laws and bills are sanctioned. India is a vast country with 28 states and 7 union territories. Each state has their own separate state govt. If a state wants to bring a law under action it has to be sanctioned by the central government. In the sametime if the central government has to sanction a law where the whole country is concerned it calls in a meeting or Bhatia which is attended by the MP of the state and decisions are taken in accordance to the majority. The CONSTITUTION of India in its very first article describes India as a union of states. When the British power was established in India it was highly centralized and unitary. Certain mechanism of administrative decentralization was introduced prior to independence.

➢ The relationship between the Union and the States is a relationship between the whole body and its parts. For the body being healthy, it is necessary that its parts are strong.

➢ The constitution is supreme and all the authorities function under the supreme law of land.

➢ Separation Of Powers :

Tripartite division:

❖ Legislature

It involves members of both Loksabha and Rajyasabha. A legislature is a type of deliberative assembly with the power to pass, amend and repeal laws. The law created by a legislature is called legislation or statutory law. Legislatures are known by many names, the most common being parliament and congress, although these terms also have more specific meanings. In parliamentary systems of government, the legislature is formally supreme and appoints a member from its house as the prime minister which acts as the executive. In separation of powers doctrine, the legislature in a presidential system is considered a power branch which is coequal to and independent of the both the judiciary and the executive. In addition to enacting laws, legislatures usually have exclusive authority to raise taxes and adopt the budget and other money bill.

❖ Executive

In the study of political science the executive branch of government has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the democratic idea of the separation of powers.

← In many countries the term "government" connotes only the executive branch. However, this ambiguity fails to differentiate between despotic and democratic forms of government. In authoritarian systems (such as a dictatorship or absolute monarchy, where the different powers of government are assumed by one person), the executive branch ceases to exist since there is no other branch with which to share separate but equal governmental powers.

← The separation of powers system is designed to distribute authority away from the executive branch - an attempt to preserve individual liberty in response to tyrannical leadership throughout history. The executive officer is not supposed to make laws (the role of the legislature), or interpret them (the role of the judiciary). The role of the executive is to enforce the law as written by the legislature and interpreted by the judicial system.

❖ Judiciary

← The judiciary (also known as the judicial system or judicature) is the system of courts which interprets and applies the law in the name of the sovereign or state. The judiciary also provides a mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make law (that is, in a plenary fashion, which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets law and applies it to...
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