By admin April 9, 2019 11:38

The Big Picture: Challenges for Federal Structure

There have seen instances of the tussle between the agencies of the central government and the state governments. The latest in the list happens to be IT raids at the offices and residence of aides of Madhya Pradesh Chief Minister which saw run-in between the CRPF officers and the state police officers.

Such instances were witnessed in West Bengal, Karnataka and Andhra Pradesh as well where the central agencies proceeded with corruption or irregularity probes.

The central agencies are formed in a federal structure and have primarily the responsibility of probing issues against government staff and serious cases referred to it by courts or by the state governments itself.

Besides the cases of corruption probe another subject which raises the issue of a federal structure is statements made by the leaders of Jammu and Kashmir centric parties on Article 370.

Now, what are the challenges before smooth cohesion in the federal structure and what is an ambit of central and state agencies?

Is it a violation of the federal structure?

  • The prevention of central agencies by state agencies from doing their job is a defiance of the constitutional structure which creates a law and order issue.
  • The function of the central agencies is not curtailed by the geographical boundaries of the state if the matter of probe falls within the jurisdiction of the center.
  • In such situations, the state agencies should cooperate with the central agencies.

Should the central government inform the state government prior to any probe within the state?

  • If there is a scope of the matter being leaked, then the central agencies should proceed without prior information to the state agencies.
  • Issues having nationwide ramifications or having national importance is referred to the CBI.
  • If a matter falls within the purview of the central agency than it has the authority to decide what is best to preserve the integrity of the case.
  • Any kind of objection to such a procedure in the name of the destruction of the federal structure should be seen as a trial to hide behind the garb of the federal structure.
  • Prior information should be given in cases where the central agencies would require the support of state police forces to act in the state.

Do such tussles leave a mark on the federal structure?

  • There have been tussles between central and the state agencies in the past and it has left marks on the federal structure.
  • The tussle occurs mostly due to the presence of different ruling parties in the center and the states respectively.
  • Institutional difficulties become prominent between the center and the states due to the difficulty in sharing of resources, determining the borders, sharing of water, the creation of new states.
  • However, two kinds of issues do not fall within the ambit of the center-state relations
  1. A law and order issue
  2. Issues of national security

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By admin April 9, 2019 11:38