How does the Indian judiciary resolve conflicts between the Union and State governments?

Introduction

The Indian judiciary plays a vital role in resolving conflicts between the Union and State governments. This article examines how the judiciary addresses these conflicts, ensuring a balance of power within the federal structure of India.

Judicial Review

Concept and Scope

Judicial review is the power of the judiciary to examine the constitutionality of legislative and executive actions. This includes:

• Ensuring that laws passed by both Union and State governments comply with the Constitution.
• Striking down laws that are found to be unconstitutional.

Key Cases

1. Keshavananda Bharati v. State of Kerala (1973): Established the basic structure doctrine, affirming the judiciary’s role in protecting the Constitution.
2. State of West Bengal v. Union of India (1963): Addressed the Union’s power to legislate on subjects in the State List under emergency provisions.

Inter-State Disputes

Resolution Mechanisms

The judiciary provides mechanisms for resolving disputes between states, which include:

• The Supreme Court’s original jurisdiction to adjudicate disputes between states.
• Special tribunals established for specific disputes, such as river water disputes.

Judicial Interventions

Judicial interventions in inter-state disputes often involve:

1. Issuing orders to ensure compliance with constitutional provisions.
2. Providing recommendations for settlement and enforcing them.

Federal Structure and Distribution of Powers

Constitutional Provisions

The Constitution of India delineates the powers and responsibilities of the Union and State governments through:

• The Union List, State List, and Concurrent List.
• Provisions for resolving conflicts arising from overlapping jurisdiction.

Judicial Interpretation

The judiciary interprets these constitutional provisions to resolve conflicts, ensuring that:

1. The division of powers is maintained.
2. Both Union and State governments operate within their constitutional limits.

Conclusion

The Indian judiciary plays a crucial role in maintaining the balance between Union and State governments. Through judicial review, resolution of inter-state disputes, and interpretation of constitutional provisions, the judiciary ensures that India’s federal structure remains effective and balanced.