Category : UPSC
STATE GOVERNMENT
Introduction
The Constitution provides for a Federal Government having separate administrative systems for the states. Provisions for the governance of both are contained in the Constitution. Articles 153 to 167 is Part VI of the Constitution deal with the state executive. The pattern of Government at the State level is the same as that at the Union level is a parliamentary system, in which the executive head is a constitutional ruler who is to act according to the advice of council of Ministers responsible to the State Legislature.
STATE EXECUTIVE
Governor
Article 153 states that there shall be a Governor for each state. Same person can be appointed as Governor for 2 or more states was added by 7th amendment act 1956. Article 154 states that the executive power of the state is vested in him and is exercised by him either directly or through officers subordinate to him.
Appointment & Tenure (Article 155 & 156)
Qualifications & Conditions for office (article 157 & 158) of Governor
Oath
Article 159 says that the Governor and every person discharging the functions of the Governor is to take an oath or affirmation before the Chief Justice of the High Court of that state, or in his absence, the senior-most judge of that court available.
Article 160 gives the president the power to make such provision as he thinks fit for the discharge of the functions of the Governor in any contingency not provided for in the
Constitution.
Executive Powers of Governor
Legislative Powers of Governor
Discretionary Powers of Governor
Financial Powers of Governor
Judicial powers of governor
Other Powers
The Governor receives the report of the Auditor General and places it before the State Legislature. He places the report of the state Public Service Commission along with the observations of the Council of Ministers before the State Legislature. As chancellor of various universities within the jurisdiction of the state, he appoints the vice-chancellors of the universities.
Comparison between Powers and Position of the president and the Governor
President |
Governor |
The President is not only the Head of the State internal and the Government, he is also the Commander-in-Chief of the Armed the Forces. |
Each state has its own laws and the Governor, who looks after governance of every state. He is the person, who finalises the budget of the state and also has power to appoint judges in the courts. |
The President cannot function without the aid and advice of the Council of Ministers. |
Governor can exist without the aid and advice of the Council of Ministers. |
The President can grant pardon, reprieve, respite, suspension, remission of Commutation in respect to punishment or sentence by a Court Martial. |
Governor can suspend, remit or commute a death sentence. The Governor does not enjoy power of pardoning a death sentence. |
Every Ordinary Bill, after it is passed by both the houses of the Parliament either single or at a joint sitting is presented to the President for his assent. |
Every Ordinary bill after it is passed by the Legislative Assembly in case of a Unicameral Legislature or both the Houses in case a Bicameral Legislature either in the first instance or in the second instance is presented to the Governor for his assent. |
I Every Money Bill after it is passed by both House of the Parliament is presented to the President for his assent. |
Every Money Bill after it is the passed by the State Legislature is presented to the Governor for his assent. |
A President needs no instructions for making an ordinance
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Governor can make an ordinance without the instructions from the President only in three cases i.e. if a bill containing the same provisions would have required the previous sanction of the President for its introduction into the State Legislature or if he would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the President or it an act of the State Legislature containing the same provisions would have been invalid without receiving the President's assent. |
Chief Minister
The Governor is assisted in the discharge of his functions by a Council of Ministers headed by the Chief Minister. He is the Real Executive Authority (de facto executive). The Chief Minister is appointed by the Governor. Generally, the leader of the majority party in the State Assembly is appointed Chief Minister, who holds position identical to that of the Prime Minister at the Centre. He enjoys a term that runs parallel to that of the State Legislature i.e., five years. However, if the term of the State Legislature is extended, the tenure of the Chief Minister is also extended. The Chief Minister recommends to the Governor the names of persons to be appointed as members of the Council of Ministers, and allocates portfolios among them. He can ask any minister to resign from the Council or drop him from the Council by reshuffling it. He coordinates the working of various ministers and ensures that the Council works as a team.
The Chief Minister is the chief link between the Governor and the Council of Ministers and keeps the former informed of all decisions of the Council. The Chief Minister takes active part in the deliberations of the State Legislature. He makes all important policy announcements on the floor of the legislature and defends the policies of his government in the house. He can recommend dissolution of the Legislative Assembly to the
Governor even before the expiry of its term. Generally this advise is accepted by the Governor.
Council of Ministers (COM)
Functions
The Constitution does not assign any formal powers to the Council of Ministers. However, in practice it has a wide range of functions. It formulates the policy of the Government and implements it. It assists the Governor in making all the important appointments. Most of the important bills are introduced the legislature by members of the Council of Ministers. Formulates the State budget and submits it to the Legislate for its approval. It can present supplementary demands for grants whenever necessary. It also plays an important role preparing and implementing State Plans.
Advocate General (Article 165)
STATE LEGISLATIVE (PART VI, ART, 168-212)
It is the lower and popular house of the State. Members are chosen by direct election on the basis of adult suffrage from territorial constituencies (Article 170).
Their number of members varies between 60 and 500. However certain States like Sikkim, Goa, Mizoram and Arunachal Pradesh have less than 60 members.
The Governor may nominate one Anglo-Indian to it.
The reservation of seats has been provided for SCs and STs on the basis of their population.
According to Article 172, duration of assembly is normally 5 years. But it may be dissolved earlier by the Governor.
Its term may also be extended by one year at a time by parliament during national emergency, though this can in no case be extended beyond 6 months after the proclamation has ceased to operate.
Legislative Coundl (Vidhan Parishad) (Article 169)
It is the upper house.
Parliament may by law create or abolish Legislative Council.
It can be created, if the Legislative Assembly of the state. passes a resolution to the effect by special majority.
It is not an amendment to the Constitution and therefore it can be passed like an ordinary piece of legislation.
Article 171 contains various categories of members.
According to this:
1/3rd of its members are elected by legislative assembly.
1/3rd by local bodies.
1/6th nominated by the Governor.
1/12th are elected by teachers.
1/5th by university graduates.
The maximum strength of Legislative Council can be 1/3rd of the total membership of Legislative Assembly, but in no case less than 40.
Parliament has the final power to decide about its composition.
It is not subject to dissolution. But 113rd of its members retire on the expiry of every 2nd year.
Qualifications
Article 173 mentions the qualifications of members as:-
A citizen of India.
Not less than 25 years of age for legislative assembly and not less than 30 years of age for Legislative Council.
Possesses such other qualifications as may be prescribed by the Parliament.
Not hold any office under the Union or state government.
Article 190: No person shall be a member of both houses of State Legislature and if anyone gets elected to both Houses, he has to vacate one seat.
No person can become a member of legislature of 2 or more states.
Presiding Officers of State Legislature
The Speaker
The Speaker is elected by the assembly itself from amongst its members and remains in office during the life of the assembly. However, he may vacate his office by writing to the Deputy Speaker or be removed by a resolution passed by a majority of all the then members of the assembly or he ceases to be a member of the assembly. Such a resolution can be moved only after giving 14 days prior notice.
Powers and Duties of Speaker
His functions are similar to those of the Speaker of the Lok Sabha. He adjourns the assembly or suspends the meeting in the absence of a quorum and maintains order and decorum in the assembly for conducting its business and regulating its proceedings.
He can allow a secret sitting of the house at the request of the leader of the house. He decides the questions of disqualification of a member of the assembly, arising on the ground of defection under the provisions of the Tenth
Schedule of the Constitution. However, he also vacates his office earlier in any of the following three cases:
He appoints the Chairman of all the committees of the assembly and supervises their functioning. He himself is the Chairman of the Business Advisory Committee, the Rules Committee and the General Purpose Committee. The speaker decides whether a bill is a Money Bill or not.
Deputy Speaker
Like the speaker, the Deputy Speaker is also elected by the assembly itself from amongst its members. He is elected after the election of the Speaker has taken place. The Deputy Speaker performs the duties of the speaker's office when it is vacant. He also acts as the speaker when the latter is absent from the sitting of assembly. In both the cases, he has all the powers of the speaker.
Chairman of the Legislative Council
The Chairman is elected by the Council itself from amongst its members. He may vacate his office by resigning by writing to the Deputy Chairman or if he ceases to be a member of the Council. His powers and functions are comparable to the Speaker of the Assembly with few exceptions. Such as the speaker has one special power which is not enjoyed by the Chairman. The speaker decides whether a bill is a Money Bill or not and his decision on this question is final.
Deputy Chairman of Legislative Council
Like die Chairman, the Deputy Chairman also elected by the Council itself from amongst its members. The Deputy Chairman performs the duties of the Chairman's office when it is vacant. He also acts as the Chairman, when the latter is absent from the sitting of the Council. In both the cases, he has all the powers of the Chairman.
Comparison of Legislative Council and Legislative Assembly
In the passage of an Ordinary Bill, both the houses enjoy equal status but in case of disagreement the will of the Assembly prevails over that of the Council and there is no provision of joint sitting in this regard.
A Money Bill can be introduced only in Assembly not in Council.
The Council has no participation in the election of the President.
It also has no effective say in the ratification of the Constitutional Amendment Bill. Also, the existence of the Council depends on the will of the assembly.
Legislative Procedure
The legislative procedure in a State Legislature having two houses is broadly similar to that in Parliament except for some aspects.
Money Bill
The position is the same at Union and State Levels: the Bill can be introduced only in the Assembly; the will of the Assembly prevails; and the Assembly is not bound to accept any recommendation by the Council which may at the most withhold the bill for 14 days from the date of its receipt.
Ordinary Bill
The only power of the Council is to interpose some delay in the passage of the Bill for a period of three months at the most ultimately the will of the assembly prevails and when the bill comes to the Council a second time the Council can delay it for not more than a month.
Governor’s Assent
When a bill is presented to the Governor after its passage by the houses of the legislature the Governor may (i) declare his assent to the bill, in which case, it would become a law at once; (ii) declare that he withholds his assent in which case the bill fails to become a law; (iii) return the bill, if it is not a money bill with a message; (iv) reserve the bill for me consideration of the President.
Comparing Legislative Procedure in the Parliament and State Legislature
A. With Regard to Ordinary Bills |
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1. It can be introduced in either house of the Parliament. |
1. It can be introduced in either House of the state legislature. |
2. It can be introduced either by a minister or by a private member. |
2. It can be introduced either by a minister or by a private member. |
3. It passes through first reading, second reading and third reading in the originating house. |
3. It passes through first reading, second reading and reading in the orginating house. |
4. It is deemed to have been passed by the Parliament only when both the houses have agreed to it. Either with or without amendments. |
4. It is deemed to have been passed by the state Legislature only when both the houses have agreed to it, either with or without amendments. |
5. A deadlock between the two houses takes place when the when second house, after receiving a bill passed by the first House, rejects the bill or proposes amendments that are not acceptable to the first House or does not pass the bill within six months. |
5. A deadlock between the two houses takes place the Legislative Council, after receiving a bill passed by the Legislative Assembly, rejects the bill or proposes amendments that are not acceptable to the Legislative Assembly or does not pass the bill within three months. |
6. The Constitution provides for the mechanism of joint sitting mechanism of joint houses of the Parliament to resolve a deadlock resolve between them over the passage of a bill. |
6. The Constitution does not provide for the joint sitting of two houses of the state legislature to a deadlock between them over the passage of a bill. |
7. Lok Sabha cannot override the Rajya Sabha by passing the bill for the second time and vice versa. A joint sitting is the only way to resolve a deadlock between the two houses. |
7. The Legislative Assembly can override the Council by passing the bill for the second time and When a bill is passed by the Assembly for the second time and transmitted to the Legislative Council, if the Legislative Council rejects the bill again or proposes amendments that are not acceptable to the Legislative Assembly, or does not pass the bill within one month, then the bill is deemed to have been passed by both the houses in the form in which it was passed by the Legislative Assembly for the second time. |
8. The mechanism of joint sitting for resolving a deadlock applies to a bill whether originating in the Lok Sabha or the Rajya Sabha. If a joint sitting is not summoned by the President, the bill ends and becomes dead. |
8. The mechanism of passing the bill for the second time to resolve a deadlock applies to a bill originating in the Legislative Assembly only. When a bill, which has originated in the Legislative Council and sent to the Legislative Assembly, is rejected by the latter, the bill ends and becomes dead. |
B. With Regard to Money Bills |
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1. It can be introduced only in the Lok Sabha and not in the Rajya Sabha. |
1. It can be introduced only in the Legislative assembly and not in the Legislative Council. |
2. It can be introduced only on the recommendation of the President. |
2. It can be introduced only on the recommendation of the governor. |
3. It can be introduced only by a minister and not by a private members. |
3. It can be introduced only by a minister and not by member. |
4. It cannot be rejected or amended by the Rajya Sabha. It should be returned to the Lok Sabha within 14 days, either with or without recommendations. |
4. It cannot be rejected or amended by the Legislative It should be returned to the legislative Assembly days, either with or without amendments. |
5. The Lok Sabha can either accept or reject all or any of the reject all or recommendations of the Rajya Sabha. |
5. The Legislative Assembly can either accept or any of the recommendations of the legislative council. |
6. If the Lok Sabha accepts any recommendation, the bill is then deemed to have been passed by both the houses in the modified form. |
6. If the legislative assembly accepts any recommendation, the bill is then deemed to have been passed by both the houses in the modified form. |
7. If the Lok Sabha does not accept any recommendation, the bill is then deemed to have been passed by both the houses in the form originally passed by the Lok Sabha without any change. |
7. If the Legislative Assembly does not accept any recommendation, the bill is then deemed to have passed by both the houses in the form originally the legislative Assembly without any change. |
8. If the Rajya Sabha does not return the bill to the Lok Sabha Within 14 days, the bill is deemed to have been passed by both the houses at the expiration of the said period in the form originally passed by the Lock Sabha. |
8. If the Legislative Council does not return the bill to Legislative Assembly within 14 days, the bill is have been passed by both the houses at the expiration of the said period in the form originally passed by the Legislative Assembly. |
9. The Constitution does not provide for the resolution of any deadlock between the two houses. This is because, the will of the Lok Sabha is made to prevail over that of the Rajya Sabha, if the latter does not agree to the bill passed by the former. |
9. The Constitution does not provide for the resolution of any deadlock between two houses. This is because, the will or the Legislative Assembly is made to prevail over that or Legislative Council, if the latter does not agree to the bill passed by the former. |
The State of Jammu and Kashmir
The State of Jammu and Kashmir holds a special position under the Constitution of India. Though it is one of the states specified in the First Schedule and forms a part of the territory of India as defined in Article 1, all the provisions of the Constitution of India relating to the States do not apply to Jammu and Kashmir. The state alone of all the states of the Indian Union has its own Constitution.
The Article 370 in Part XXI of the Constitution grants a special status to state of Jammu and Kashmir. Accordingly, all the provisions of the Constitution of India do not apply to it. It is also the only state in the Indian Union which has its own separate state Constitution the Constitution, i.e. of Jammu and Kashmir.
According the 'Instrument of Accession of Jammu and Kashmir to India' was signed by Pandit Jawaharlal Nehru and Maharaja Hari Singh on 26 October 1947. Under this, the state surrendered only three subjects (defence, external affairs and communications) to the Dominion of India. (At that time, the Government of India made a commitment that 'the people of this state, through their own Constituent Assembly, would determine the internal Constitution of this state and the nature and extent of the jurisdiction of the Union of India over the state, and until the decision of the Constitution of India could only provide an interim arrangement regarding the state. In pursuance of this commitment, Article 370 was incorporated in the Constitution of India. It clearly states that the provisions with respect to the state of J & K are only temporary and not permanent. It became operative on 17 November 1952, with the following provisions:
In pursuance of the provisions of Article 370, an order issued by the President the constitutional position of the state and its relationship with the Union. At present, is as follows:
Union and has its place in Part I and Schedule I of the Constitution of India (dealing with the Union and its Territory). But its name, area or boundary cannot be changed by the Union without the consent of its legislature.
Constitution of Jammu and Kashmir
The Constitution of Jammu and Kashmir was adopted on November 17, 1957 and given effect from January 26, 1957.
Some of its important provisions are considered here.
The Legislative Assembly consists of 100 numbers elected directly from territorial constituencies of the state and two women members nominated by the Governor. Twenty-four seats are to remain vacant till filled by representatives of people in Pakistan occupied Kashmir (PoK). The Legislative Council consists of 36 member, 11 of whom are elected by the Assembly from among the people of Kashmir provided that of the members elected at least one shall be a resident of Tehsil Ladakh and at least one a resident of Tehsil Kargil, and 11 elected by the Assembly from people of Jammu. The remaining 14 members are elected by various electorates, such as municipal councils and such other local bodies. The High Court of the state consists of a Chief Justice and two or more other Judges. Every Judge is to be appointed by the President after consultation with the Chief Justice of India and the Governor,
The official language of the State is Urdu, but English will continue to be used for official purpose unless the State Legislature provides otherwise. And no amendment can be made to change any provision regarding the relationship of the state with the Union of India.
Administration of Scheduled Areas
Article 244 in Part X of the Constitution envisages a special system of administration for certain areas designated as 'Scheduled areas' and 'tribal areas',
The Constitution has made special provision for the administration of Scheduled Areas in a state other than Assam, Meghalaya, Tripura and Mizoram. The right to declare any area as a Scheduled Area rests with the President and is subject to legislation by the Parliament. The Constitution contains special provisions regarding the administration of Scheduled Areas, which are contained in the Fifth Schedule. The Union Government can also give directions to the respective State regarding administration of the Scheduled Areas. The Governor of the state, where such areas are located, has to submit reports to the President regarding the administration of such areas annually or whenever required by the President.
To take care of the welfare and advancement of the Scheduled Tribes in the State, a Tribes Advisory Council is constituted.
In addition, the Governor can also take certain steps to protect the interests of the Scheduled Tribes. Thus, he can direct that a particular Act of Parliament or state legislature shall not apply to the Scheduled Area. He can make regulations prohibiting or restricting transfer of land, allotment of land and money lending. However, all these actions of the governor need prior approval of the President.
Tribes Advisory Council
The Constitution of India provides for a Tribes Advisory Council (TAC) in each State having Scheduled areas and if the president so directs, also in any State having Scheduled Tribes but not Scheduled areas. TAC shall consists of not more than 20 members of whom three-fourths shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State.
The Governor makes rules prescribing or regulating as the case may be (i) the number of members of the Council, the mode of their appointment and the appointment of the Chairman of the Council and of the officers and servants thereof; (ii) the conduct of its meetings and its procedure in general; and (iii) all other incidental matters.
Tribal Areas
These areas are located in the states of Assam, Meghalaya, Mizoram and Tripura and have been specified in the Sixth Schedule of the Constitution. Though these areas fall within the executive authority of the state, provision has been made for the creation of district councils and regional councils for the exercise of certain legislative and judicial powers in these areas. The district and regional councils are empowered to make laws in certain fields such as management of forests, marriage and social customs, inheritance of property, etc. These councils can also impose certain taxes and collect land revenue.
CENTRE - STATE RELATIONS
In the Indian federal set-up, the Constitution divides powers between centre and states as:-
Legislative
Administrative
Financial
Legislative Relations
Administrative Relations
Delegation of Union functions to the States
Financial Relations
Taxes Belonging to Union Exclusively |
Taxes Belonging to States Exclusively |
A. Customs B. Corporation C. Taxes on capital values of documents included in the Company. D. Surcharge on income Tax. E. Fees in respect of matters in Union List. |
1. Land revenue. 2. Stamp duty except in assets of Individuals and Union List. 3. Succession duty, estate duty and income tax on agricultural land. 4. Taxes on passengers and goods carried on inland waterways. 5. Taxes on lands and buildings, mineral rights. 6. Taxes on animals and boats, road vehicles, on advertisements, electricity, luxuries and amusements, etc. |
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7. Taxes on the entry of goods. |
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8. Sales tax. |
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9. Tolls. |
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10. On matters in the State List. |
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11. On profession, trade, etc. (not exceeding Rs. 2,500 per annum (List II). |
IMPORTANT SUBJECTS IN VARIOUS LISTS
Union List (List I)
State List (List II)
Concurrent List (List III)
Supreme Court.
Administration of Union Territories
There is no uniform system of administration in the union territories. Parliament has been vested with the power to prescribe the structure of administration in the various union territories. The administrators of union territories are variously known as Lieutenant Governors, Chief Commissioners or Administrators. In Daman and Diu and Pondicherry, they are designated as Lieutenant Governors. In Andaman and Nicobar Islands and Chandigarh they are known as Chief Commissioners and in Lakshadweep as Administrator.
Similarly, some Union Territories possess Legislative Assemblies and Councils of Ministers such as Daman and
Diu, Pondicherry, and Delhi (National Capital Territory), while others do not. It may be noted that in Union Territories with Legislative Assemblies, the right to legislate on subjects enumerated in the State List and Concurrent List vests with the Assembly. With respect to other union territories, the laws are enacted by the Parliament. The administrators of the union territories enjoy the right to issue ordinance within certain limitations. When the legislatures of the union territories are dissolved or suspended, responsibility for the peace, progress and good government of the territory falls on the President.
Commissions for the Improvement of Centre-State Relations
There have been several efforts for the improvement of Centre-State relations. Central Government have set-up many commissions to review and examine the Federal Relations from time to time, leading among them are Sarkaria Commission
Sarkaria Commission was set-up in June, 1983 by the Central Government of India. The Sarkaria Commission's charter was to examine the relationship and balance of power between State and Central Governments in the country and suggest changes within the framework of Constitution of India. The commission was so named as it was headed by Justice Rajinder Singh Sarkaria, a retired Judge of the Supreme Court of India and other two members of the committee were Shri B Sivaraman and Dr SR Sen.
The Commission made 247 recommendations to improve Centre-state relations. The important recommendations are mentioned below:
Development Council (NEDC).
limited period.
MM Punchhi Commission
A Commission on Centre-State Relations was set-up by the Government of India in April, 2007 under the Chairmanship of Madan Mohan Punchhi, Former Chief Justice of India to look into the issues of Centre-State Relations. Some of the recommendations given in its various reports are as below
Inter-State Water Disputes
Article 262 of the Constitution envisages the adjudication of inter-state water disputes which make two provisions
Inter-State Water Dispute Tribunals
Krishna Water Disputes Tribunal |
1969 |
Maharashtra, Kamataka and Andhra Pradesh |
Godavari Water Disputes Tribunal |
1969 |
Maharashtra, Kamataka, Andhra Pradesh, Madhya Pradesh and Odisha |
Narmada Water Disputes Tribunal |
1969 |
Rajasthan, Gujarat,
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Ravi and Beas Water Disputes Tribunal |
1986 |
Punjab and Haryana Madhya Pradesh and Maharashtra |
Cauvery Water Disputes Tribunal |
1990 |
Karnataka, Kerala, Tamil Nadu and Puducherry |
Second Krishna Water Disputes Tribunal |
2004 |
Maharashtra, Karnataka and Andhra Pradesh |
Vansadhara Water Disputes Tribunal |
2010
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Odisha and Andhra Pradesh
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Mahadayi Water Disputes Tribunal |
2010 |
Goa, Kamataka and Maharashtra |
Inter-State Councils
Composition of Inter-State Council
The Composition of the Inter-State Council includes the Prime Minister, Chief Ministers of all States, Chief Ministers
of union Territories having Legislative Assemblies and Administrators of Union Territories not having Legislative Assemblies, Governors of states under President Rule, six
Ministers of Cabinet rank in the Union Council of Ministers’ to be nominated by the Prune minister and two Ministers of Cabinet rank in the Union Council of Ministers to be nominated by the Prime Minister permanent invites.
Duties of the Council
To investigate and discuss subjects of common interest.
Make recommendations for the better coordination of policy and actions on such subjects; and
Deliberate on such matters of general interest to the states referred by the Chairman to the Council. It shall have its own Secretariat.
INTER-STATE TRADE AND COMMERCE
Articles 301 to 307 in Part Xffl of the Constitution deal with the trade, commerce and intercourse within the territory of India.
Article 301 declares that trade, commerce and intercourse throughout the territory of India shall be free. The object of this provision is to break down the border barriers between the states and to create one unit with a view to encourage the free flow of trade, commerce and intercourse in the country. The freedom under this provision is not confined to inter-state trade, commerce and intercourse but also extends to intra-state trade, commerce and intercourse. Thus, Article 301 will be violated whether restrictions are imposed at the frontier of any state or at any prior or subsequent stage.
The freedom guaranteed by Article 301 is a freedom from all restrictions, except those which are provided for in the other provisions (Articles 302 to 305) of Part XIII of the Constitution itself. These are explained below:
(i) Parliament can impose restrictions on the freedom of trade, commerce and intercourse between the states or within a state in public interest. But, the Parliament cannot give preference to one state over another or discriminate between the states except in the case of scarcity of goods in any part of India.
(ii) The legislature of a state can impose reason able restrictions on the freedom of trade, commerce and intercourse with that state or within that state in public interest. But, a bill for this purpose can be introduced in the legislature only with the previous sanction of the president. Further, the state legislature cannot give preference to one state over another or discriminate between the states.
(iii) The legislature of a state can impose on goods imported from other states or the union territories any tax to which similar goods manufactured in that state are subject. This provision prohibits the imposition of discriminatory taxes by the state.
(iv) The freedom (under Article 301) is subject to the nationalisation laws (i.e. laws providing for monopolies in favour of the Centre or the states). Thus, the Parliament or the state legislature can make laws for the carrying on by the respective government of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise.
The Parliament can appoint an appropriate authority for carrying out the purposes of the above provisions relating to the freedom of trade, commerce and intercourse and restrictions on it. The Parliament can also confer on that authority the necessary powers and duties. But, no such authority has been appointed so far.
ZONAL COUNCILS
The Zonal Councils are the statutory (and not the constitutional) bodies. They are established by an Act of the Parliament, that is, States Reorganisation Act of 1956. The act divided the country into five zones (Northern, Central, Eastern, Western, Southern) and provided a zonal council for each zone.
Each zonal council consists of the follow members:
(a) Home Minister of Central government.
(b) chief ministers of all the States in the zone.
(c) Two other ministers from each state in the zone.
(d) Administrator of each Union Territory in the zone.
The Home Minister of Central Government is the common chairman of the five zonal councils. Each Chief Minister acts as a vice-chairman of the council by rotation, holding office for a period of one year at a time.
The Zonal Councils aim at promoting cooperation and coordination between states, union territories and the Centre.
They discuss and make recommendations regarding matters like economic and social planning, linguistic minorities, border disputes, inter-state transport, and so on. They are only deliberative and advisory bodies.
The objectives (or the functions) of the Zonal Councils, in detail, are as follows:
To achieve an emotional integration of the country.
To help in arresting the growth of acute state consciousness, regionalism, linguism and particularistic trends.
To help in removing the after-effects separation in some cases so that the process of reorganisation, integration and economic advancement may synchronise.
To enable the Centre and states to cooperate with each other in social and economic matters and exchange ideas and experience in order to evolve uniform policies.
To cooperate with each other in the successful and speedy execution of major development projects.
To secure some kind of political equilibrium between different regions of the country.
North-Eastern Council
In addition to the above Zonal Councils, a North-Eastern Council was created by a separate Act of Parliament- the North-Eastern Council Act of 1971. Its members include Assam, Manipur, Mizoram, Arunachal Pradesh, Nagaland, Meghalaya, Tripura and Sikkim.
Zonal Councils at a glance
Name |
Members |
Headquarters |
1. Northen Zonal Council |
Jammu and Kashmir, Himachal Pradesh, Haryana, Punjab, Rajasthan, Delhi, and Chandigarh |
New Delhi |
2. Central Zonal Council |
Uttar Pradesh, Uttarakhand, Chhattisgarh, and Madhya Pradesh |
Allahabad |
3. eastern Zonal Council |
Bihar, Jharkhand. West Bengal and Orissa |
Kolkata |
4. Western Zonal Council |
Gujarat. Maharastra, Goa, Dadra and Nagar Haveli and Daman and Diu |
Mumbai |
5. Sothern Zonal Council |
Andhra Pradesh, Kamataka, Tamil Nadu, Kerala and Puducherry |
Chennai |
Articles Related to Inter-State Relations at a Glance
Article No. |
Subject-matter |
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Mutual Recognition of Public Acts, etc. |
261. |
Public acts, records and judicial proceedings |
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Disputes Relating to Waters |
262. |
Adjudication of disputes relating to waters of Inter-State Rivers or river valleys |
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Co-ordination between States |
263. |
Provisions with respect to an inter-state council |
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Inter-State Trade and Commerce |
301. |
Freedom of trade, commerce and intercourse |
302. |
Power of Parliament to impose restrictions on trade, commerce and intercourse |
303. |
Restrictions on the legislative powers of the Union and of the states with regard to trade and commerce |
304. |
Restrictions on trade, commerce and intercourse among states |
305. |
Saving of existing laws and laws providing for state monopolies |
306. |
Power of certain states in Part B of the First Schedule to impose restrictions on trade and commerce (Repealed) |
307 |
Appointment of authority for carrying out the purposes of Articles 301 to 304. |
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