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.

Originally written on January 15, 2023 and last modified on October 27, 2024.

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