Elaborate upon the division of powers between Center and States.

 With reference to Indian Federation, the administration is primarily furnished by the state agencies. Unlike other federations where both the federal and state government create their own agencies for the administration of their laws and the subjects allocated to them in the constitution, even the laws of the union are left to be administered by the state authorities in order to avoid duplication of administrative machinery.

In every federal constitution, the central and state governments are firmly enclosed and the jurisdiction of the one excles the other. The centre is concerned with problems of the Union List. The states are with matters on the State List.

There is also provision for the allocation of the powers by the union to the states and vice versa. The forte and success of such scheme require cooperation and coordination between Centre and States.

In India, the central government or the union is responsible for the governance of the whole country. There should be effective administrative norms between the Union and States.

The Supreme Court has demarcated that the Executive power of the union is coexistent with Power of the Parliament, with this limitation that the executive cannot act against the provisions of the constitution or of any law made by the parliament.

The Union Government is dependent on the States to give effect to its programmes. The scheme of distribution of administrative powers has some major objectives. It arms, the union government with powers to have effective control over administration of the state and espouses several advices for intergovernmental cooperation and coordination.

The executive powers in relation to any treaty or agreement has been discussed on the union by the Constitution, Parliament has also vested executive functions in the union over Concurrent List matters under several acts. The Concurrent List gives power to the two legislatures: Union as well as State, to legislate on the same subject. 

In case of conflict or inconsistency, the rule of repugnancy, as contained in Article 254 comes into play to uphold the principle of Union supremacy Under this role if there is any discrepancy between the State and the Centre over a subject in the Concurrent List, the Union law takes precedence over the State’s law, and the States law to the extent of such repugnancy, be void.

But, as an exception, if the State law has been reserved for the consideration of the President and has received his assent, then the State law prevails in that State.

But, the Parliament remains competent to override such a law by subsequently making a law on the same matter. The Division of power under the Indian Constitution is generally divided by referencing to major two doctrines which are – the doctrine of separation of powers and the doctrine of distribution of powers.

The famous political philosopher Montesquieu laid down the doctrine of separation of power based on the English legal system. His view in this theory was concentrating on the separation of the legislative, executive and judicial powers.

All the power to one person or body of persons will lead to tyranny in the state. So, he believed that these powers must be vested in three different organs namely legislature, executive, and the judiciary, 

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