S
Sahaj Vidhi
Law Optional 2023 Paper I solved

“There is an obvious slant in favour of the Centre, in distribution of powers between Centre and States." Do you agree with the statement ? Explain.

Verified Answer

  1. Core Legal Answer & Context: Yes, I agree with the statement. The Indian Constitution, while federal in structure, exhibits a strong unitary bias, often described as 'quasi-federal' or 'federal with a strong centralizing tendency'. This slant is evident in the distribution of legislative, administrative, and financial powers, designed to ensure national unity and integrity, especially in a diverse country like India.

  2. Relevant Statutes and Sections:

  • Article 246 (Seventh Schedule): The Union List (List I) has more subjects of national importance, and Parliament has exclusive power over it. The Concurrent List (List III) allows both, but Union law prevails in case of conflict. The State List (List II) is for states, but Parliament can legislate on it under certain conditions.
  • Article 248: Residuary powers are vested with the Union Parliament.
  • Article 249: Parliament can legislate on a State List subject if the Rajya Sabha passes a resolution in national interest.
  • Article 250: Parliament can legislate on State List subjects during a Proclamation of Emergency.
  • Article 356: President's Rule allows the Centre to take over state administration.
  • Article 360: Financial Emergency provisions give the Centre significant control over state finances.
  1. Important Landmark Cases:
  • S.R. Bommai v. Union of India (1994): This case critically examined the misuse of Article 356, acknowledging the potential for central overreach and emphasizing that federalism is a basic feature of the Constitution, but also implicitly recognizing the Centre's ultimate power in such situations.
  • State of West Bengal v. Union of India (1963): The Supreme Court upheld the Centre's power to acquire land within a state for public purposes, reinforcing the Centre's superior position in certain matters.
  1. Clear Conclusion: The Indian Constitution deliberately provides the Centre with overriding powers to maintain national cohesion and address emergencies, making it a 'holding together' federation. While states have autonomy, the Centre's dominant position ensures a unified approach to governance and crisis management, albeit sometimes at the expense of state autonomy.