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Key Points at a Glance
Union of States — Not a Federation
- Article 1 describes India as "Union of States" — not "Federation of States"
- Signals no compact between states; states cannot secede
- Parliament can create new states or alter boundaries by simple majority (Articles 2, 3)
7th Schedule — Three Legislative Lists
- Union List (List I): 100 subjects — exclusive Parliament
- State List (List II): 61 subjects — exclusive State Legislatures
- Concurrent List (List III): 52 subjects — both; Centre prevails on repugnancy
- Residuary powers vest with Parliament (Article 248) — unlike USA/Australia where residue is with states
Centre's Five Overriding Legislative Powers
- Article 249 — RS resolution by 2/3 majority: Parliament legislates on State List (national interest)
- Article 250 — during National Emergency
- Article 252 — on request by two or more states
- Article 253 — to implement international treaties
- Article 356 — Parliament makes laws for state during President's Rule
Financial Federalism — Finance Commission
- Finance Commission (Article 280) recommends Centre–State tax division
- 15th Finance Commission (2020–26): recommended 41% of divisible pool to states
- Cesses and surcharges excluded from divisible pool — a persistent state grievance
Sarkaria Commission (1983–87)
- Set up by Rajiv Gandhi government to review Centre–State relations
- Recommended against misuse of Article 356; emphasised cooperative federalism
- Called for a more effective Inter-State Council
- Governor should be an eminent person from outside the state
Punchhi Commission (2007–10)
- Article 356 should be a last resort; "Constitutional breakdown" defined more precisely
- CM should be consulted before appointing Governor
- Proposed Lokpal at state level
- Favoured giving constitutional status to the Inter-State Council
S.R. Bommai v. Union of India (1994)
- Landmark 9-judge bench ruling restricting misuse of Article 356
- Floor test in assembly must be done before dismissing government
- President's Rule proclamation is subject to judicial review
- Assembly placed under suspended animation — not dissolved — until Parliament approves
GST — Landmark Cooperative Federalism
- GST (101st Amendment 2016) subsumed 17+ central and state taxes
- Created GST Council (Article 279A): joint Centre–State decision-making body
- Decisions require 3/4 weighted majority — Centre: 1/3 weight; States: 2/3 collectively
- First time Constitution directly created a joint Centre–State policy body
NITI Aayog (2015) — Replacing Planning Commission
- Operates on cooperative federalism principles — no direct fund allocation
- All Chief Ministers on its Governing Council
- Facilitates bottom-up planning through state-level development plans
- Key difference: Planning Commission allocated funds; NITI Aayog only advises
Inter-State Council — Article 263
- Consultative body for disputes and matters of common interest between states
- President may establish it; constituted in 1990, reconstituted in 2016
- Punchhi Commission: recommended mandatory meetings and constitutional body status
Governor's Role in Centre–State Relations
- Articles 153–167: constitutional head of state + Centre's representative
- Can reserve bills for Presidential consideration
- Sends reports to President about constitutional breakdown (basis for Article 356)
- Appointment by President on PM's advice — area of consistent friction
Competitive Federalism — NITI Aayog Indices
- States compete for investment and ranking through NITI Aayog performance indices
- Key indices: Ease of Doing Business State Rankings, SDG India Index, Water Management Index
- Performance-based incentives replace passive waiting for central allocations
