Question 1 · 10 marks · 213 words written
Opening
Indian Constitution provides for federal structure whereby both centre and states have their own sphere of functioning. But yet there are various disputes.
Body · points
Reasons for Disputes
- Legislative domain :- In this domain also, existence of Concurrent list whereby both Centre and state can formulate law but on contradiction Centre's law will prevail. eg: Education.
- Executive domain :- Although executive domain is clearly demarcated in our Constitution but yet existance of several rules brings disputes. eg: All India services.
- Financial domain :- All though clear cut demarcation is there but yet several issues exist. Eg: GST council has more weightage to Centre.
- Judicial domain :- Existence of single and unified structure of judicial institutions goes against the spirit of separation of power.
- Overcentralising tendencies :- Due to Centre's upper hand, various state subjects can be brought in Central or Concurrent list. Eg: 42nd constitutional amendment brought education, forest into Concurrent list.
Mechanism to resolve
- Judicial mechanism :- Article 32 and 226 provides for Supreme court and High Courts. Even Article 131 provides mechanism to resolve disputes between Centre & State.
- Inter-state council, Finance commission, NITI Aayog, GST council etc.
Close · a way forward
Hence, for achieving the aspirations of Viksit Bharat, there is need of healthy cooperation between Centre and states.