Political Science, asked by sakshijasrotia3, 7 months ago

CONFLICT AREAS & TENSION
AREAS IN CENTRE AND STATE
RELATIONS: CONFLICTING
FEDERATION​

Answers

Answered by thankyebo12
2

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

74

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

75

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

76

stable government, he can in his discretion dissolve the

legislature and order fresh elections

Explanation:

Similar questions