Discuss the constitutional provisions that ensure non-discrimination against any State by the Centre.

India has a federal system with strong entre. The constitutional provisions that ensure non-discrimination against any State by the Centre are as follows:

  • Clear demarcation of state subjects in list –II of 7th Centre generally does not encroach into these subjects and provides central support on matters related to these.
  • Article 368 provides that any change in federal set up would require the approval of more than 50% states without any discrimination.
  • For anything that a state may conceive as injustice to it by centre or another state, can reach to Supreme Court to resolve the issue under the latter’s original jurisdiction.
  • The integrated election machinery under Article 324 works in similar fashion for all states.
  • Under article 279-A, the GST council has provided equal membership for each state.

However, constitution also allows positive discrimination in special cases such as Article 275 for grants in aid; and article 371, 371-A to J to meet regional imbalances. Nevertheless, there are some provisions such as Article 356 that have allowed discrimination in many circumstances.

Question for UPSC Mains:
Discuss the constitutional provisions that ensure non-discrimination against any State by the Centre.

Published: November 20, 2017 | Modified:June 27, 2019

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