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Summary
Polity Class 31

CENTRE-STATE RELATIONS- 1:02 PM

  • Union state relations in India since Independence are influenced more by political circumstances than by constitutional provisions.
  • They can be classified into various time periods-
  • Phase- 1947 to 1967: Unitary State 
  • The single-party rule is led by Congress at the center and at the state level.
  • Chief ministers and governors were appointed by the Congress working committee.
  • The office of the governor and discretionary powers of the governor did not become controversial during this period.
  • The planning commission had come into existence through an executive resolution in 1950 to formulate five-year plans.
  • It mostly followed a centralized top-down approach where the state government had very little freedom either in the formulation or in the implementation of plans.
  • But planning commission did not become controversial because it enjoyed a huge amount of credibility among the states.
  • There was a misuse of Article -356 during this period only once in 1959 when the government of Kerala was dismissed for the breakdown of constitutional machinery.

PHASE-1967 to 1990- 1:50 PM

  • The Phase of Confrontational Federalism
  • The period was characterized by continuous conflict between the center and the states.
  • Major reasons for the conflict include-
  • -The office of the governor 
  • -Discretionary powers of the governor 
  • -Misuse of Article 356
  • -The role of the Planning commission 
  • -The role of all India services
  •  The chief minister's conference that was held in 1983 made radical demands like the repeal of Article 356, abolition of the office of the governor, dismantling the planning commission, and discontinuation of all Indian services.
  • This was the period when the country had witnessed maximum misuse of Article 356 in states like Rajasthan, Bengal, Karnataka, and Andra Pradesh.
  • The planning commission was also severely criticized for its highly partial and biased functioning.

PHASE- 1990 to 2019- 2:59 PM

  • Cooperative Federalism-
  • -End of single-party rule
  • -The emergence of coalition government at the central level.
  • -Regional Parties became part of the government for the first time.
  • -Regional parties brought different perspectives at the central level.
  • -Presidential activism
  • -Judicial activism 
  • -Globalization
  • -Three- tier government- Local self-government 
  • -Activism by media and civil society organizations 

S.R. BOMMAI CASE- 3:24 PM

  • 1. This imposition of Article 356 can be reviewed by the judiciary.
  • 2. Once the governor recommends Article 356, the state assembly should be kept in suspended animation so that it can be revived later.
  • 3.  The governor must explore all the opportunities to form a new government in the existing assembly.
  • 4. He should recommend assembly dissolution only when a new government cannot be formed in the existing state assembly.
  • 5. Assembly dissolution should take place only after both houses of Parliament give their approval for the imposition of Article 356.
  • 6. There is no scope for a joint sitting.
  • 7. Federalism is part of the basic structure of our constitution.
  • 8. There is a misuse of the office of the governor.
  • 9. SC has said that recommendations of the Sarkaria Commission should be implemented regarding the appointment of a governor. (given below)
  • Recommendations-
  • - A person should be from any eminent walk of life.
  • -He should be an apolitical person.
  • -He should not belong to the same state.
  • -He should not have actively participated in politics in recent times.
  • -After his term is over he should not enter into active politics.
  • 10. The strength of the government should be tested only on the floor of the house and not in Raj Bhavans
  • Bihar assembly dissolution case- 
  • SC said that the Imposition of Article 356 and dissolution of the state assembly as unconstitutional.
  • SC has ruled that revoking the imposition of article 356 and also reviving the state assembly.
  • Its order need not be implemented as the electoral process is already going on in Bihar.
  • SC was critical of the central government as the central government did not follow in judgment in S.R. Bommai's case.
  • SC was also critical of the governor as well as the council of ministers.
  • SC has ruled that the governor's report need not be the basis for the imposition of Article 356.
  • The Council of Ministers should independently verify the contents of the governor's report before taking any action because the office of the governor is highly politicized.
  • SC has also said that higher constitutional dignitaries must use their discretionary powers in a careful manner.

The topic for the next class- Continuation of the topic 'Centre-State relations