Question

Which of the following provision is mentioned in our Constitution to avoid conflicts between center and state levels?​

Answer 1

Answer:

between the Union and the States in all aspects of their administrative and ... judgment of these 'organs to function and exercise their ... powers between the Centers and the States

Answer 2

Federalism in India refers to relations between the Centre and states of Union of India.

Explanation:

The "Indian Constitution" establishes "structure of the Indian govt". "Part XI" of the "Indian constitution" specifies the distribution of "legislative", "administrative" & executive powers between the union govt & the Indian States.

Legislative Powers

The "Indian Constitution" has distributed the "legislative powers" in between the "Union & State": (i) "Territorial Jurisdiction"  (ii) "Distribution of Legislative powers". Art 246 of Indian Constitution gives a 3-fold distribution of legislative powers: The "Union List", The "State list", & the "Concurrent list".

• The "Union List" also known as " (List I)" gives Union the legislative power on specific items within India comprising foreign affairs, coinage banking, taxes, currency etc.
• The "State list", also known as List II, gives "exclusive legislative powers" to the State on items which are mainly of "local interest" such as Police, Public Order, agriculture, health, etc
• The concurrent list, also known as List III", gives power to both the Union & State on certain items comprising forests, education, civil & criminal procedure code, insolvency & bankruptcy, divorce & marriage etc. The Concurrent List was to serve as an instrument to avoid "excessive rigidity" to a "two-fold" "distribution".

Besides, additional laws can be adopted by the States to amplify" the laws of the Union parliament. The subjects involve common law & social services-civil and criminal law, marriage, partnerships, education planning, etc. Nevertheless, the Union Parliament was given the primacy over the State Legislatures despite the distribution of legislative powers in accordance with the 3 Lists..

The Constitution makes a two-fold distribution of legislative powers: (a) Concerning territory & (b)Concerning subject matter of legislation, (i.e. three Lists):

Territorial Legislative Jurisdiction [Article 245]

Article 245 determines the legislative powers' scope or geographical boundaries: according to the provisions of the constitution, the "Parliament" can make laws in all or in part of the "Indian territory, and a State legislature in respect of the State territory". There will be no legislation made by the Parliament void because of the point to which it is operated extra-territorially, i.e. outside India.

Executive Powers

• The Union and States have independent executive staffs controlled by their respective governments. In administrative & legislative matters, the union govt  cannot override  the constitutional powers/rights of the state govt but for when in the State presidential rule is imposed
• In compliance with the terms of Article 355 and Article 256 of the Constitution, the Union needs to ensure that the govt of each State is governed. In administrative/regulatory affairs, the state govts cannot break the Union  rules.
• If a State "violates the Constitution", the presidential rule under Article 356 can be enforced and the President shall with ex post facto approval of the Parliament in compliance with Article 357, takeover the Administration of the State.

Financial Powers

• The financial autonomy of the State's public financial expense[1][5] is provided in Article 282. Article 293 permit States to "borrow without" the  the Union Govt's consent . Nevertheless, where a state has unpaid loansthat has been charged to the "Consolidated Fund" of India or a "federally guaranteed loan", the Union govt may demand that its loan conditions be complied with.
• A "Finance Commission" is established every five years by the President of India to recommend "devolution" of "Union revenues" to State govts. Under Article 360, when the financial stability or credit of the country or some part of their territories is jeopardized, the President can declare a financial emergency. Nonetheless, for the state, nation,  union territory, or  municipality, or panchayat or company, no criteria are specified as a 'financial emergency.'
• An emergency of this sort should be within 2 months, approved by "the Parliament",  through a "simple majority". A state of "financial emergency" stay "in force indefinitely" till the President's revoke of the same.
• The President can reduce the salaries of all government officials, including judges of the supreme court and high courts, in cases of a financial emergency. All money bills passed by the state legislatures are submitted to the President for approval. He can direct the state to observe economy measures.
• During the case of "financial emergency", the President will cut the salary of all officials of govt, along with that of including the Supreme Court & the High Court  judges. The President then grants approval on the money bills that is passed/approved by the "state legislatures". The state may be then guided to pursue economic measures

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