State vs. Centre: Recent Federal Disputes
- ByAdmin --
- 28 Apr 2025 --
- 0 Comments
The relationship between the central government and state governments in India has always been a delicate balance, enshrined in the Constitution. While the Constitution sets out a federal structure, the reality often involves disputes and tensions over issues of jurisdiction, autonomy, and resource allocation. In recent years, several federal disputes have surfaced, highlighting the challenges in maintaining harmony between the State and Centre.
Constitutional Basis for Federalism in India
India's federal framework is based on the Constitution of India, which provides for a dual polity, consisting of the central government (Union) and state governments. The Constitution delineates the distribution of powers between the two through the Union List, State List, and Concurrent List under Article 246.
- Article 1: Defines India as a Union of States, indicating a strong central framework.
- Article 246: Specifies the distribution of legislative powers between the Union and States.
- Article 263: Provides for the resolution of disputes between the Union and States, empowering the President to establish a Zonal Council to resolve such issues.
Despite the Constitution’s provisions, the allocation of powers between the Centre and the States often leads to legal and political disputes.
Recent Federal Disputes
Several notable disputes between the State and Centre have recently come to the forefront, highlighting the ongoing tensions in India’s federal structure.
1. Control Over Police Forces
One of the most prominent issues in recent times has been the dispute over control and autonomy of police forces. The Police Reforms Case (Prakash Singh v. Union of India, 2006) laid down guidelines for improving police functioning. However, state governments have often raised objections to the Centre’s intervention in policing, particularly in states with high insurgency or terrorism concerns.
In 2019, the Ministry of Home Affairs sought to extend the central government’s control over state police forces for counter-terrorism operations. Several states, including West Bengal and Kerala, opposed this move, arguing that it undermines state autonomy in managing law and order.
2. Inter-State Water Disputes
Water disputes between states and the Centre are among the most persistent federal issues. The Cauvery Water Dispute between Karnataka and Tamil Nadu has been a long-standing conflict. In 2020, the Supreme Court directed the Cauvery Water Management Authority (CWMA), set up by the Centre, to mediate the dispute.
Similarly, in 2023, the Mahanadi River Dispute between Chhattisgarh and Odisha escalated, with Odisha accusing Chhattisgarh of over-extracting water upstream, thus affecting its share. The Centre has been criticized for not taking a more proactive role in resolving these inter-state conflicts.
3. The GST Dispute
The Goods and Services Tax (GST), introduced in 2017, was hailed as a milestone in India’s tax reform process. However, it has led to several disputes between states and the Centre, particularly over the GST compensation mechanism.
In 2020, several states, including Kerala, West Bengal, and Punjab, accused the Centre of failing to compensate them for revenue losses due to the implementation of GST. These states contended that the Centre’s promise of compensating states for revenue shortfalls for five years was not being honored, leading to a breakdown in trust.
In 2022, the GST Council had to intervene to address the concerns of states regarding the fair distribution of GST revenues.
4. The Delhi Government vs. Centre: Administrative Control
The control of the Delhi Government over its administration has been a matter of continuous contention with the Centre. Delhi, as a Union Territory, has a unique status, where the central government exerts considerable influence over state matters.
The Delhi High Court ruling in 2018 upheld the idea of a Dual Governance Model for Delhi, acknowledging the Centre’s role in governance. However, the Aam Aadmi Party (AAP)-led Delhi Government has continually sought greater autonomy, particularly regarding appointments to key positions, such as the Chief Secretary and Police Commissioner.
The 2023 Delhi Ordinance further increased tensions, as it gave the Centre power over administrative services in Delhi, bypassing the elected government. This has sparked protests and legal challenges, particularly over issues of democracy and local self-governance.
Legal and Constitutional Interpretations
The ongoing disputes often revolve around differing interpretations of the Constitution. The central government argues that its role as the custodian of national interest often necessitates direct intervention in state matters, while states insist on their autonomy, as guaranteed under Articles 246 and 254, particularly when the subject matter falls under the State List.
- Article 256: Places an obligation on states to comply with laws enacted by Parliament, leading to occasional conflict when states resist central laws they feel infringe upon their autonomy.
- Article 355: Imposes a duty on the Centre to protect states from external aggression or internal disturbances, providing a constitutional basis for Centre’s intervention in states' affairs.
However, frequent recourse to judicial intervention by the Supreme Court has been the primary method of resolving such disputes. In cases such as State of Rajasthan v. Union of India (1977) and S.R. Bommai v. Union of India (1994), the Court ruled on issues relating to the imposition of President’s Rule and the limits of the Centre’s power.
Conclusion
The continuing State vs. Centre disputes highlight the complexities and challenges inherent in India’s federal system. The relationship between the Union and the States remains a subject of debate, often testing the limits of constitutional provisions and the principles of federalism. While the Constitution provides for mechanisms to resolve disputes, the political and legal struggles will continue to shape the evolving landscape of federal governance in India.
RELATED Blog
0 comments