Introduction
India follows a quasi-federal system, where power is distributed between the Union (Central Government) and the States. However, over time, various Constitutional Amendments have reshaped this relationship, altering the balance of power. Some amendments have strengthened the Union government’s role, while others have given states more autonomy. The evolution of Union-State relations has been driven by political, economic, and administrative needs.
This answer examines key Constitutional Amendments that have significantly impacted Union-State relations in India.
Key Constitutional Amendments Impacting Union-State Relations
- 7th Amendment Act, 1956 – Reorganization of States
- The States Reorganisation Act (1956) reorganized Indian states based on linguistic and administrative criteria.
- It created a clear distinction between Union Territories and States, giving the Union greater control over UTs.
- The amendment also provided for the appointment of a single Governor for two or more states, strengthening Union control over state administration.
- 42nd Amendment Act, 1976 – Strengthening the Central Government
- Known as the “Mini-Constitution”, this amendment gave more power to the Union government, reducing state autonomy.
- It shifted five subjects from the State List to the Concurrent List, including Education, Forests, Weights & Measures, Protection of Wild Animals, and Administration of Justice.
- Introduced the Fundamental Duties and made Directive Principles of State Policy (DPSPs) more significant than Fundamental Rights.
- This amendment led to greater interference of the Union in state affairs, especially during the Emergency (1975-77).
- 44th Amendment Act, 1978 – Restoration of State Powers
- This amendment reversed some changes of the 42nd Amendment.
- It reduced the power of the Union government by making it harder to impose a National Emergency (Article 352).
- Strengthened the protection of fundamental rights, which gave states more legal safeguards against central intervention.
- 73rd and 74th Amendment Acts, 1992 – Strengthening Local Governments
- These amendments decentralized power by creating a three-tier government (Union, State, and Local bodies).
- 73rd Amendment introduced Panchayati Raj Institutions (PRIs), empowering village-level governance.
- 74th Amendment introduced Urban Local Bodies (Municipalities), making cities and towns more self-governing.
- This reduced the direct control of the Union over local governance, strengthening states.
- 80th Amendment Act, 2000 – Revenue Sharing Between Centre and States
- Implemented the recommendations of the 10th Finance Commission regarding tax devolution.
- Increased financial independence of states by giving them a higher share of Union Tax revenues.
- This reduced the financial dependency of states on central grants.
- 101st Amendment Act, 2016 – Introduction of GST
- Replaced multiple state and central taxes with a uniform Goods and Services Tax (GST).
- Created the GST Council, where both the Union and State governments make decisions together.
- While this amendment promoted cooperative federalism, it also reduced the taxation autonomy of states.
- 102nd Amendment Act, 2018 – Role of National Commission for Backward Classes (NCBC)
- Gave constitutional status to the National Commission for Backward Classes (NCBC), making it an independent body.
- This reduced the role of states in OBC reservation policies, giving more power to the Centre.
- 103rd Amendment Act, 2019 – 10% EWS Reservation
- Provided 10% reservation for Economically Weaker Sections (EWS) in education and jobs.
- This amendment affected state reservation policies, as states were not consulted before its implementation.
- 104th Amendment Act, 2019 – Extension of SC/ST Reservation in Lok Sabha and State Assemblies
- Extended reservation of seats for SCs and STs in Parliament and State Legislative Assemblies by another 10 years.
- Strengthened the political representation of marginalized communities, indirectly influencing Union-State relations.
Impact of These Amendments on Union-State Relations
- Increased Centralization of Power
- The 42nd Amendment gave the Union government greater authority over subjects previously under state control.
- GST (101st Amendment) reduced the financial independence of states.
- Decentralization and Strengthening of States
- The 73rd and 74th Amendments empowered local governments, reducing direct Union control over villages and cities.
- 80th Amendment increased tax devolution, giving states more financial power.
- Rise of Cooperative Federalism
- The GST Council (101st Amendment) established a collaborative decision-making process between the Centre and states.
- Finance Commission recommendations ensure fair tax distribution between the Union and states.
- Interference in State Autonomy
- 42nd and 102nd Amendments reduced state control over important subjects like education, backward class policies, and natural resources.
- EWS reservation (103rd Amendment) was implemented without consulting state governments, weakening their authority over reservation policies.
- Balancing National and State Interests
- While some amendments strengthened state autonomy, others reinforced national integration and uniform laws (e.g., GST, SC/ST political reservations).
Challenges in Union-State Relations Due to Amendments
- Taxation Issues: States argue that GST limits their financial independence, as they cannot impose their own taxes.
- Political Conflicts: Some amendments were passed without state consultation, leading to friction between the Centre and state governments.
- Implementation Gaps: Many amendments are not properly implemented, leading to delays in achieving their intended impact.
Conclusion
Constitutional Amendments have reshaped Union-State relations by either strengthening central control or empowering states. While amendments like the 42nd and 101st gave more power to the Union, others like the 73rd and 80th enhanced state autonomy. The challenge for India’s federalism lies in maintaining a balance between national unity and state rights. Future amendments should encourage cooperative federalism while ensuring that state governments retain their constitutional authority.
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