IndiaWhy there is a rift with the state governments, should the way...

Why there is a rift with the state governments, should the way of appointment of governors be changed?


last In a few days, it was seen that there is a tussle between the Center and the states over the officers. Whether it is the issue of deputation of IAS officers, the rift between the state governments with the governors, the distribution of the money received from the GST or the question of delimitation, controversies are constantly coming to the fore. On this issue, former Secretary General of Rajya Sabha and retired IAS Officer Yogendra Narayan From Deepak Tanguria spoke. Here are the main excerpts:

Question :Do majority governments make federalism difficult?

Answer : Majority governments have more advantages in a democracy, not the dangers. Article 356 was created because the British wanted a strong government and central control. At the time of the making of the constitution, there were circumstances which could break the country. So the Center was strengthened and Article 356 was upheld. But it should be of minimal use in federalism. Our law and order and judiciary ensure that the spirit and purpose of Article 356 remains intact. Democracy will also be strong only when its misuse is stopped. Even a majority government cannot misuse it because the Rajya Sabha counter-examines its misuse.

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Question: The Central Government had proposed to amend the IAS Cadre Rules 1954, which states that if there is any disagreement on deputation by the officers, the final decision will be from the Central Government. This has been opposed by many states.

Answer : The work of IAS is that of the Central Government. The policies of the central government can be seen in two forms. One for administrative needs and the other for political reasons. For the last two-three years, it was seen that the state governments had given so many facilities that the officials did not want to come to the center, due to which there was a shortage. Therefore this amendment has been made and according to me it is completely justified. If the officers of the All India Services do not come to the center, then the experience of the state will not be available to the center. And when the people of the center will not go to the state, then the information about the government policies of the center will not reach the state. It cannot be a one-way flow.

Question : There is a dispute between the central and state governments about the way the governor functions.

Answer : The appointment of the governor should be done with the consent of the ruling party of the state. This was the tradition till 1970 or 1975. Now that the governors are politically elected, the state is often mistrusted from the beginning. When the governor is appointed from the political party itself, there is pressure on him from the center. All this undermines the trust between the state’s ruling party and the governor. In my opinion the Governor should be appointed by a committee consisting of the Prime Minister, the Home Minister and the Leader of the Opposition in the Lok Sabha. The practice which is going on today is wrong.

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Question : In the last parliamentary session, the Prime Minister said that the creation of the GST Council is a model of a good structure for strong federalism in India. But many state governments are not satisfied with their share. How can it be improved?

Answer : No better example of cooperative federalism will be found than the GST Council. Because the state agreed to share control of its finances with the Centre. The principle of consent is one nation, one tax. Now when it comes to reduction in compensation, there is a provision that if there is no 14 percent increase in the state tax, then the Central Government will make up for the shortfall in that situation. This provision was for 5 years but it has been extended on the request of the state governments. Its time limit may be extended further.

Question : What steps can be taken to improve federalism at present?

Answer : We should consider India as semi-federal. When the USA was formed, the states gave their powers to the central government. This was not the case in India. It is mentioned in the constitution that India is a union of states, that is, it has been considered as a union. The central government is more powerful in the distribution of finances. There are also three lists in the Constitution, as long as the Center and the states act in accordance with it, this structure will remain. In the matter of agricultural laws, I agree with the argument that agriculture is a state subject. By showing that agri-business is inside the centre, these three laws were made. This was not constitutionally correct. This was an encroachment on the powers of the state. Federalism is a successful system in India and the Supreme Court is monitoring it.

Question : There has been talk of delimitation of seats in the Lok Sabha. Pranab Mukherjee had asked to increase the number of seats to 1000. The new Parliament is also being built accordingly. What could be the implications of this?

Answer : It is wrong in my view that the distribution of seats should be done on the basis of the 1971 census. Now it should be done on the basis of new data. According to 2011, there will be 800-900 seats. When there is a provision that elections will be on the basis of votes and votes will be on the basis of population, then this basis should not be changed. The concern of the southern states is justified as they have controlled the population, but do not worry that a large number will go to the northern states. The principle of population and vote is paramount.

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