Question

Describe the views of the members of the Constituent Assembly on the division of powers between the Centre and the States.

Answer 1

The division of powers between the Centre and the States was one of the most critical debates during the framing of the Indian Constitution. The Constituent Assembly carefully deliberated on how to strike a balance between central authority and state autonomy. The members of the Assembly had diverse views on the nature of federalism and the allocation of powers, influenced by their respective political ideologies, regional concerns, and visions for India’s future. Below are the key views on the division of powers between the Centre and the States:
1. The Idea of a Strong Centre:
One of the dominant views in the Constituent Assembly was the need for a strong Centre to maintain national unity, security, and stability. This view was especially supported by members who were concerned about the fragmentation of the country due to regional disparities, language issues, and the legacy of colonial rule. Leaders like Jawaharlal Nehru and Sardar Patel emphasized the importance of a central government that could coordinate national policies, implement uniform laws, and manage inter-state relations. They believed that a strong central authority would help in the integration of princely states, resolve interstate conflicts, and ensure national development.
2. The Balance Between Centralization and Decentralization:
While advocating for a strong Centre, there was also a recognition of the need for decentralization to cater to regional diversity. Some members of the Constituent Assembly, particularly from smaller provinces, expressed concerns that an overly centralized system could stifle regional autonomy. They argued that states should have adequate powers to manage their own affairs, especially in matters related to local development, education, and agriculture. For example, leaders like B.R. Ambedkar and K.M. Munshi argued that the states should have significant powers over areas such as public health, police, and local governance, allowing them to cater to local needs while maintaining the integrity of the Union.
3. The Federal Structure with a Unitary Bias:
The Indian Constitution is often described as a federal structure with a unitary bias. This reflects the Constitution’s provisions that give the Centre a decisive role in many matters. For example, the Union List (Schedule VII) specifies subjects on which only the Centre can legislate, including defense, foreign affairs, and currency. While states have autonomy over the State List, there is an overlap in the Concurrent List, where both the Centre and the States can legislate. In cases of conflict, the Centre's law prevails. This structure was designed to provide flexibility, allowing the Centre to intervene in case of national crises or emergencies, such as war or financial instability, while preserving the autonomy of states in normal times.
4. Emergency Provisions and Central Control:
The Constitution also includes provisions that enable the Centre to take control over the states in times of emergency. For instance, under Article 356 (the President’s Rule), the Centre can dissolve the state government and assume direct control over the administration. This provision was particularly supported by those who viewed the Centre as the ultimate authority in maintaining national integrity and stability, especially in times of unrest or insurrection. However, some members expressed concerns that such powers could be misused, leading to the over-centralization of power.
5. The Role of the Governors:
Another important aspect of the division of powers was the role of Governors, who were appointed by the President of India and acted as representatives of the Centre in the states. Governors were expected to ensure that the laws and policies of the Centre were implemented in the states. This arrangement reflected a unitary aspect of the system, as the Governors could take action on behalf of the Centre, even overriding state governments in certain situations. This central control through Governors was a contentious issue, as some members felt that it could undermine the autonomy of state governments.
6. The Concurrent List and its Implications:
The inclusion of the Concurrent List was a significant aspect of the division of powers. The Concurrent List includes subjects on which both the Centre and the States can legislate. This provision reflected the need for cooperation between the Centre and the States on matters that affected both national and local interests, such as education, criminal law, and marriage laws. However, this also created a potential source of conflict, as it allowed the Centre to override state laws in case of a dispute.
7. Views on Autonomy for States:
Some members of the Constituent Assembly, particularly from regions with distinct linguistic or cultural identities, advocated for greater autonomy for the states. They argued that regional diversity should be respected, and states should have the power to legislate on matters that directly impacted their populations. For example, some members from the southern states and the northeast felt that linguistic and cultural differences necessitated a greater degree of self-governance. They expressed concerns that too much central control would undermine local traditions and needs.
8. The Role of Finance and Fiscal Federalism:
Another key concern was the financial distribution between the Centre and the States. The Constituent Assembly debated how to allocate financial resources between the Centre and the States to ensure fair development across the country. The Finance Commission, which was established by the Constitution, played a key role in ensuring that states received a fair share of central revenue to meet their development needs. However, some members were concerned that the Centre’s control over revenue generation (such as taxes on income, customs duties, and excise) could result in unequal distribution, with the Centre retaining too much power.