Question

explain how powers are shared between centre and states in India

Answer 1

Answer:

The following points may help you:

a. India is an example of holding together federation where the country decided to create constituent units and divide powers between the centre and the states.

b. There are two or more levels of government where power is divided between the centre and the state by the written constitution. This power sharing arrangement is vertical in nature.

c. The powers are divided between the centre and the state by virtue of a written constitution, there is a union list on which centre can legislate, there is a state list on which state can make laws and then concurrent list where both the centre and the states can make laws.

d. Union list contains subjects of national importance on which the centre can legislate. the list , contains more subjects and important subjects like defence, foreign affairs, railways. There are 97 subjects in the Union list.

e. State list includes 66 subjects like police, trade, irrigation on which state can legislate.

​f. Concurrent list includes subjects like education, forest, marriage on which both centre and state can legislate and in case of any conflict it is the centre's law that prevails.

g. Apart from the above subjects there is a residuary powers which includes subjects not mentioned in either of the lists like cyber security . These powers are vested with the Union government.

h. The centre also has the power to create new states, to change the boundaries of the existing states, to split or merge existing states leading to conflict of interests.

i. However, ​any changes in the power structure between the Center and the State requires special majority of the parliament and ratification by half of the the state legislature.

j.The distribution of powers by the constitution between the Centre and states is unequal, Centre has more powers and important areas of jurisdiction within it purview. For example the union list containing more subjects and important subjects like defence, foreign affairs.

h. The Centre is financially more powerful , making states dependent on it for resources.

k. Recently a third tier that is local governments have been included by virtue of 73rd and 74th Constitutional amendment Acts.

l. By these constitutional amendments acts of 1992, a constitutional status has been accorded to these local self governing bodies, and provides for regular elections, financial autonomy, reservation of seats for women, SC's and the ST's.

m. Another importnat faeture of our federal polity is that we have a Bicameral legislature that is the Union Parliament consists of two house one representing the country and the other representing the interests of constituent states.

n The constitution also provides for an an Independent Judiciary that resolves the cases between the center and the states or two or more states.

o The constitution also provides for a special status to the state of Jammu and Kashmir under Article 370 of the constitution.