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Framing the Constitution

The powers of the State

Compare Santhanam's case with the case for a strong Centre.

How should power be divided between the Centre and the states? The Constitution set out three lists of subjects:

  • the Union list (for the Centre);
  • the State list (for the states);
  • the Concurrent list (for both).

More items were placed under the Union than in other federations. Article 356 allowed the Centre to take over a state's administration on the Governor's recommendation. Finances were divided in a complex way (fiscal federalism).

Some members argued for stronger states. K. Santhanam said that an overburdened Centre would be weaker, not stronger; and that states without enough funds might revolt against the Centre.

Others wanted a strong Centre: Nehru, Ambedkar, Gopalaswami Ayyangar and Balakrishna Sharma argued it was needed to stop communal violence and to plan for economic development.

Before Partition, the Congress had agreed to grant considerable autonomy to the provinces, to win over the Muslim League. Partition removed that reason, and the Constitution leaned towards the Union. Unity came first, after Partition.

Unity first, after Partition.

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