THE Constitution of India provides a federal government system with a division of powers between the centre and states. In this constitutional scheme, the Supreme Court is the guardian of the Constitution that adjudicates disputes between the centre and states. Comparatively, the centre has more powers to override the states in some situations as the latter are not fully autonomous. The centre can change the names and boundaries of states and also dismiss state governments if they fail to carry on the administration by the constitutional provisions under Article 356.
The president, who is the constitutional head of the Union government, appoints the governor on the prime minister’s advice. The governor plays a significant role as a link between the centre and states. Although states have limited autonomy under the constitutional scheme, the centre is not their master. Within their constitutional boundaries, states are empowered to exercise their powers and functions. State governments secure popular support and constitutional legitimacy and the centre needs to be in harmonious mode with the states.
It is pertinent to mention that the Covid-19 pandemic has brought to the fore some of the dominating features of our federal system.
Surprisingly, during the first wave of the pandemic, the Union government centralised all powers in its hands and treated states like municipalities or subordinate bodies despite health being a state subject. The centre made several important decisions relating to the lockdown/unlocking under the Disaster Management Act and the Epidemic Control Act, and states had no option but to act as per its directions.
Bu hikaye India Legal dergisinin June 28, 2021 sayısından alınmıştır.
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Bu hikaye India Legal dergisinin June 28, 2021 sayısından alınmıştır.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
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