Position of Minor's Agreement

 

The Indian Constitution provides a unique structure of governance that balances power between the Union and the States. By defining the executive powers for both the Union and the States, the Constitution establishes a cooperative federal system with distinct boundaries to prevent overlap and conflicts. This essay examines the nature, scope, and extent of the executive powers of the Union and the States in light of relevant constitutional provisions and judicial interpretations.

Nature of Executive Powers in the Indian Constitution

The executive powers of the Union and States are defined under Part V and Part VI of the Indian Constitution, respectively. While the Constitution delineates specific areas of control, it creates a framework of cooperation and coordination between the Union and the States. This federal structure helps maintain a balanced distribution of power, while the nature of executive authority includes decision-making, policy formulation, enforcement, and administration.

Article 53 vests the executive powers of the Union in the President, who is the constitutional head of the Union. Similarly, Article 154 vests the executive powers of the State in the Governor, who functions as the representative of the Union in the state.

Scope of Executive Powers of the Union

The scope of the Union's executive powers covers areas that have a national impact and require a unified approach. This includes areas specified under List I (Union List) in the Seventh Schedule of the Constitution. Matters such as defense, foreign affairs, atomic energy, and currency are under the exclusive domain of the Union government to ensure consistent policy and administration across the country.

Executive Power under Article 73

Article 73 defines the extent of the Union's executive power, stating that it shall extend to all matters on which Parliament has the power to make laws. It includes the following:

• Matters within the Union List: The Union's authority extends to all subjects within the Union List, covering national and international matters requiring a centralized approach.
• Concurrent List subjects: The Union also shares powers with the States on subjects within the Concurrent List (List III). However, when a conflict arises, Union law prevails under Article 254.

Role of the President and Council of Ministers

The President of India exercises executive power under the guidance of the Council of Ministers, as mandated by Article 74. The President's role is largely ceremonial, with real authority vested in the Prime Minister and the Council of Ministers, who make decisions and administer policies for the Union. However, certain powers like emergency provisions under Articles 352, 356, and 360 grant the President extensive powers to protect national integrity and maintain order.

Scope of Executive Powers of the States

The States’ executive powers are more focused on regional matters that directly impact the lives of citizens. These powers pertain to subjects under List II (State List) of the Seventh Schedule, such as public health, police, and agriculture.

Executive Power under Article 162

Article 162 defines the scope of the State’s executive powers, granting them authority over subjects where the State Legislature is competent to make laws. It includes:

• State List subjects: The executive power extends to all matters within the State List, emphasizing local governance and administration.
• Concurrent List subjects: The States share jurisdiction with the Union on matters in the Concurrent List, though Union laws take precedence in case of conflict.

Role of the Governor and State Council of Ministers

The Governor, as the head of the State’s executive, exercises authority based on the advice of the State’s Council of Ministers, as per Article 163. Although appointed by the President, the Governor acts on the advice of the elected representatives in the State Legislature. However, the Governor has discretionary powers in specific situations, such as the reservation of bills for presidential assent under Article 200 or the imposition of President’s Rule under Article 356 if the State government cannot function as per constitutional requirements.

Extent of Executive Powers: Federal Balance and Limitations

The Constitution ensures a balance of power between the Union and the States while creating mechanisms to avoid conflicts and ensure cooperation.

Division of Power: Union List, State List, and Concurrent List

The Seventh Schedule categorizes subjects into three lists:

• Union List (List I): The Union has exclusive powers to legislate on 97 subjects of national importance, where a unified approach is essential.
• State List (List II): The States have jurisdiction over 66 subjects of regional importance, allowing for governance tailored to local needs.
• Concurrent List (List III): The Union and States share jurisdiction on 47 subjects. In case of conflict, Union law prevails, providing a balance that respects regional authority while ensuring national coherence.

Overlapping and Limitations

The Union's and States' powers can overlap on matters in the Concurrent List, with the Union holding primacy under Article 254. Additionally, the Union can legislate on State List subjects during emergencies under Articles 352 and 356, which enables the Union to intervene when national security or governance is at risk.

Article 256 requires the States to execute laws made by the Parliament, emphasizing the unitary nature of the Indian federal structure. In cases where States fail to comply, Article 257 empowers the Union to direct the State for compliance, thus ensuring coordination and effective governance.

Executive Power in Emergency Provisions

The Constitution grants the Union exceptional powers during emergencies, allowing it to intervene in State matters. Under the following circumstances, the Union’s executive powers expand, limiting the autonomy of the States:

• National Emergency (Article 352): When a national emergency is declared due to war, external aggression, or armed rebellion, the Union can override State executive powers. The Parliament can also legislate on matters in the State List.
• State Emergency (Article 356): If a State government is unable to function per constitutional provisions, the President can assume control of the State, thus centralizing executive power to ensure proper governance.
• Financial Emergency (Article 360): In a financial emergency, the Union can issue directions to States regarding financial matters, ensuring fiscal stability across the nation.

Judicial Interpretation and Federal Balance

The judiciary plays a crucial role in interpreting the scope and extent of executive powers of the Union and the States. Several landmark judgments highlight this interpretation:

• State of West Bengal v. Union of India (1963): The Supreme Court emphasized the federal nature of the Constitution, stating that the Union cannot encroach upon the States' executive powers without explicit constitutional authority.
• S.R. Bommai v. Union of India (1994): The Supreme Court placed checks on the Union's power to impose President’s Rule under Article 356. It emphasized federalism as a basic feature of the Constitution and limited the arbitrary use of Article 356.
• Rameshwar Prasad v. Union of India (2006): The Supreme Court ruled that the dissolution of the Bihar Legislative Assembly under Article 356 was unconstitutional, reinforcing the principle of federal balance.

Conclusion

The Constitution of India defines the executive powers of the Union and the States with a focus on cooperation, accountability, and regional autonomy. While the Union holds broad executive powers to maintain national coherence, the States exercise control over local governance to address regional needs. The balance of power between the Union and the States ensures that both levels of government work within their respective spheres, preserving the federal structure envisioned by the Constitution. The judiciary acts as a guardian of this balance, safeguarding the autonomy of States against unwarranted Union interference. This distribution of executive power ultimately strengthens the unity and diversity of India, making it a vibrant federal democracy.