CONFLICT AREAS & TENSION
AREAS IN CENTRE AND STATE
RELATIONS: CONFLICTING
FEDERATION
Answers
Answer:
Federation is a system of government which seeks to
reconcile national unity with local autonomy. It is based on the principle
of division of functions between the centre and the states, with each
operating within its respective sphere. But in actual practice, in most of
the federations of the world, the centre has become powerful than the
units and has a tendency to dominate them.
In India also, this tendency persists. Not only has the
constitution divided the powers between the centre and the states so as
to give a special tilt in favour of the centre, but also the centre has come
to acquire some of the powers of the states as well. As a result, often a
demand is made that this trend must be checked and the states must
be permitted greater autonomy within their spheres. Almost all the state
governments in India addressed their grievances against the centre at
one point of time or the other. In this chapter, an attempt is made to
discuss certain major areas of conflicts between the centre and the
states.
The Office of the Governor
An important and irritating ingredient in centre-state
relations is the office of the Governor. The very mode of his
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appointment and the misuse of his discretionary powers were the centre
of controversy.
According to Article 155 of the Indian Constitution ‘the
Governor of a State shall be appointed by President by warrant under
his hand and seal. As the President of India acts in accordance with the
advice given by the Union Council of Ministers, headed by Prime
Minister, it is true that the President appoints him on the advice of the
Council of Ministers. Speaking in actual terms, he is appointed by the
President on the advice of Prime Minister alone.
With regard to the appointment of Governors two important
usages are developed in India. Firstly, while appointing the Governors,
consultation with the Chief Minister of concerned state. Secondly,
appointing an outsider of the state as the Governor. These two usages
are proved beneficial in strengthening the prestige of the office of the
Governor on one hand and smooth functioning of federal polity on the
other hand. From the commencement of the constitution the second
usage was often honoured by successive governments at the centre. In
case of the first usage serious controversies and misgivings were
developed. Upto 1967, the consultation of Chief Minister went smooth.
But after Fourth General elections in 1967 a good number of times
consultation of the concerned State Chief Minister does not take place.
Only an intimation is sent. In a few cases, this has resulted a lack of
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rapport between the Chief Minister and the Governor. After 1967, nonCongress governments were formed in a large number of states and the
usage of consultation was left behind.
The fathers of the India’s constitution introduced the
parliamentary system both at the Centre as well as the states. In
accordance with the well-known convention of the parliamentary
democracy, the Governor is ordinarily a constitutional head acting on
the advice of the Council of Ministers. At the same time, the constitution
visualizes situations where he is to act in his discretion and not on the
advice of the Council of Ministers. Moreover, what is his discretionary
field of activities is also left to his discretion. The discretionary powers
of the state Governor are as under
• He determines whether the Government of a state can or cannot
be carried on in accordance with the provisions of the
constitution. If he feels that it cannot be carried on, he can make
a report to the President under Art. 356 (1).
• If after the general elections, no single party is able to secure a
clear majority or post-election splits reduce the majority to a
minority, the Governor can use his discretion to determine which
party has the best chances of forming a stable government.
• In case the Governor comes to the conclusion that none of the
parties represented in the legislature is in a position to form a
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stable government, he can in his discretion dissolve the
legislature and order fresh elections
Explanation: