07/09/2021 - Indian Polity

KEY POINTS

·        The Kerala Legislative Assembly unanimously passed a resolution against the Electricity (Amendment) Bill, 2020, while the Tamil Nadu Legislative Assembly passed a resolution against the controversial farm laws.

·        Parliament passed the farm laws without consulting the States. The laws, essentially related to Entry 14 (agriculture clause) belonging to the State List.

·        The new draft Indian Ports Bill, 2021, proposes to change the status quo by transferring the powers related to planning, developing and regulating the non-major ports to the Maritime State Development Council (MSDC).

·        The power to regulate the sector was vested with the State Electricity Regulatory Commissions (SERCs), which were  manned by individuals appointed by the State government.

·        The amendment proposes the establishment of a Centrally-appointed Electricity Contract Enforcement Authority (ECEA) as the sole authority having jurisdiction over matters regarding the sale, purchase or transmission of electricity.

·        The Sarkaria Commission Report had  recommended that there should be a coordination of policy and action in all areas of concurrent or overlapping jurisdiction through a process of mutual consultation.

·        The Venkatachaliah Commission, had recommended that individual and collective consultation with the States should be undertaken through the Inter-State Council under Article 263.

·        The essence of cooperative federalism lies in consultation and dialogue, and unilateral legislation without taking the States into confidence will lead to more protests on the streets.

Central and State which work integrated for public welfare this called federalism. Where constitution provides central and state same status. 

What's happening currently : 

Currently current government Passing different bill which is in state list. without consenting states they're passing new bill in the name of money bill or trade and marketing.

Issue's : 

States not cooperating: 

Central government passed different bill without consenting state and due to this state government is fearing that central government taking away this power . I.e. farm bill 2020 Kerala rajsthan government passed a new bill against it because state government said that it's state subject and central  government have no right in this.

Trust:

State and central should work with each other for welfare . But in current central does not asking or making any effort to win States trust . Eventually this will impact welfare of public because state will always opposed central until central win there trust .

Power depriving:

State feel that central is taking there power . Currently government passed different bill I e. Marine bill which tamilnadu and goa state opposed it because it's state subject . So central having more n more power meanwhile state loosing there rights . Constitutionally it is not right . 

Way forwarded: 

Even central adding state list subject in concurrent list and passing the law central must take state advised because in the end this law implement on states and without state support it'll not give the results which we want. And make them understand that Central is not taking there power 

Please Review

Please review

In federal system there are two forms of government and no one is inferior to each other because they derive their powers form Constitution from itself.

Constitution of India has provided some special areas where union government must have to take consent of state government, otherwise it will declared 

unconstitutional by our judicial system  recent example of 97th amendment act was declared unconstitutional because it is state subject and it was passed in parliament without getting consent 

form state legislatures. so this way we can see Judiciary play an important role in maintaining federalism.

Division of powers has been specially mentioned in our Constitution.

Following are areas where union government must have to take consent from state government before doing any changes.

• Article 243 -High court in union territory.
• Article 279 A-GST council .
• Chapter 4 of part 5 of Indian Constitution (related to Supreme court ).
• Chapter 5 of part 6 of Indian constitution (related to High court).
• Article 368 -It deals with the procedure to amend the Constitution .

Although in some case union government has more power than state example-during emergency union seems to be more powerful than state.

Reasons why union should take consent from state because

• States are the part of country if they state will not be involved in taking decisions then there might be possibility of  generation idea separatism.
• In many areas union don't have knowledge about the regional areas of state so if any scheme launched will not be that much benefited for the development of people.
• India is country where diversity exists any every state so same law cannot be made for all states .
• People also voted for the candidates who will express their ideas ,demands in the parliament.
• Naxalism is a problem which can be handled with the help of state governments because the are local and they understand the people of their locality.

for the better development of our nation both union and state should be cooperative to each other so  it will benefit for people development  and in decision making.