Punjab became the first State in the country to formally reject the Central government’s three agriculture sector legislations, with its Legislative Assembly unanimously passing three Bills to negate the Union laws.
The central government has been attempting to introduce three bills for years now. Punjab is no longer going to take this anymore. The state government has informed the Centre that it will not comply with any measure put forth by the Centre for imposing its agricultural sector measures without prior state legislative approval.
The powers of the central government are threefold: executive, legislative and judiciary aspects.
India is a unitary state with a centralized executive bureaucracy (the Union government) and a decentralized system of local self-government. Although there are considerable differences in the organization structures and powers of the two levels of government, there are clear areas of cooperation and mutual accountability between them.
Each Level has particular responsibilities for certain areas of national policy. The major activity areas of both levels are national defense, internal security, international relations, economic development, foreign affairs, transportation and communication, justice and societal development are come under central government.
Article 256, states that ‘Every State shall utilize its executive powers in conformity with the laws made by the Parliament and with all the pre-existing laws prevailing in the State, and it further mentions that, the Union may exercise its executive power to give directions to the State as and when the Government of India deems fit for any purpose'.
Thus, under article 256 of the constitution, states are in obligation to Implement the laws framed by the central government.
Article 257 (1) of the constitution of India provides that state governments shall not exercise their executive powers in a manner that will “impede or prejudice” the exercise of the executive powers of the Union.
If a state is not implementing the act, Article 355 of the Constitution can be invoked to issue warning to the concerned state which states that the government of every State is carried on in accordance with the provisions of this Constitution.”
If the state ignores the warning under Article 355 as well, the Centre can impose President’s rule under Article 356.
The State Government shall have the power to issue policy directions on matters concerning electricity in the State including the overall planning and co-ordination.
The Commission shall determine the amounts and the terms and conditions and time frame on which such amounts are to be paid by the State Government.
If any central law is Infringing upon the rights or powers of a state, then a state can move to the Supreme Court.
Article 131 confers exclusive jurisdiction on the Supreme Court in disputes involving States, or the Centre on the one hand and one or more States on the other.
Unlike individuals, State governments cannot complain of fundamental rights being violated thus cannot move to SC or High Courts under Article 32 or Article 226 of the Constitution.
