CENTRE state relations

Our constitution is federal. Hence it provides for separation in powers. But judicial powers are not separated. As they wanted a single integrated judiciary to enforce centre and state laws.
Rest of the powers ie administrative,legislative and financial powers are bifurcated
LEGISLATIVE POWERS:
Art 245-255
The legislative powers are divided into 3 lists
Union , State and concurrent lists
Legislation on union subjects only by parliament
Legislation on state subjects only by state and under exceptional circumstance by parliament
Legislation on concurrent subjects by state and parliament with parliament getting higher priority
The exceptions under which parliament can legislate in state are
• When rajyasabha says so
• When two states request
• During national emergency
• During prez rule
• To implement international treaties and agreements
Also the centre can take control of state legislature when
• When governor reserves
• When prez asks to reserve
• Certain state subjects like restrictions on freedom of state and commerce
EXECUTIVE POWERS:
Executive powers are divided on same lines as legislative powers.
So Executive power of centre is on matters related to subjects in union list and any other matter that arises out of international agreements
Executive power of state is on subjects in state and concurrent list.
Hence laws on concurrent subject are made by centre and executed by state
The state must exercise power in such a way that
1. it is in line with laws of parliament and state
2. The centre’s executive power is not impeded
If the centre’s orders aren’t complied with, then centre can take coercive action against state under art 365 and impose prez rule(356)
The cntre gives suggestion/directions in matters of
1. Establishing and maintaining communication
2. Protection of railways in the state
3. Ensuring education in local language till primary stage
4. Drawing up schemes for welfare of ST in state
Unlike the division of powers of legislative powers which is rigid, in case of executive powers is flexible.
Mutual delegation of executive powers is possible
Prez can delegate centres executive power to state with consent of state
Parliament can also by law confer an executive power on a subject in union list to state.
A governor of state can delegate any of the executive functions of state onto centre with centre’s consent
Hence a centre can delegate its executive powers to state by consent or legislation while a state can delegate its powers to centre oly by consent