Punjab State Board PSEB 11th Class Political Science Book Solutions Chapter 23 Union and State Relations Textbook Exercise Questions and Answers.
PSEB Solutions for Class 11 Political Science Chapter 23 Union and State Relations
Long Answer Type Questions
Question 1.
Discuss the legislative relations between the center and the states in Indian Constitution.
Or
How have the legislative powers been distributed between the center and the states?
Answer:
The Constitution of India very clearly distributes the legislative powers between the Center and the States. Both the sets of governments can frame laws independently in their respective spheres. There are three lists of powers given in the Constitution:
1. Union List:
In the Union list there are 97 subjects. The laws on all these 97 subjects can be framed by the Federal Government i.e., the Parliament of India. The list contains subjects of national importance. These subjects concern all the citizens of India equally. Subjects mentioned in this list are defence, foreign affaris, peace and war, communications, railways, posts and telegraph, currency and coinage, banking, foreign trade, shipping and civil aviation, etc. Laws framed on these subjects are enforced in all States and on all citizens equally.
2. State List:
In the state list there are 66 subjects. These subjects can be legislated upon by the States. Subjects mentioned in this list are like the law and order, police, jails, public health, education, agriculture, local self-government, hospitals, justice, organisation of judiciary except Supreme Court and High Courts, forests, revenue and unemployment, etc. The State Legislature frames laws on these subjects according to its will.
3. Concurrent List:
There are 47 subjects in the concurrent list. The subjects mentioned in the concurrent list are like the marriage, divorce, criminal law, civil procedure, newspapers, books, printing presses, electricity, price control, economic and social planning, trade unions, labour welfare, industrial and labour disputes, social security, legal and medical professions, bankruptcy, contempt of Court, adulteration of food stuffs, drugs and poisons, etc.
The principle underlying concurrent jurisdiction is that both the Centre and the States can frame laws on the subjects mentioned in the concurrent list. But if there is a conflict between the two, the Union law prevails and the state law fails to the extent of repugnancy. It is further provided that if the law, in question, made by the state legislature has been reserved by the Governor of the State concerned for the consideration of the President of India and has received his assent, then it will not be invalid. But Article 254 (2) empowers the Parliament to make a law with respect to the same subject matter adding to amending, varying or repealing the law made by the state with presidential assent.
Union Government is more powerful. From the distribution of powers between the Centre and the States it is clear that the Union government is more powerful than the States.
1. Residuary Powers:
Residuary powers have been allotted to the Central government by the Constitution. But in U.S.A., and Switzerland the residuary powers have been given to the States. It seems that the framers of the Constitution have followed the Canadian example with a view to keep the Centre in a very strong position.
2. Encroachment over the State list by the Union:
The Constitution gives the States power to frame laws on all the subjects included in the State list. But the Central Government has the authority to interfere even in these powers of States under certain special circumstances.
(i) At the resolution of Rajya Sahha. The Union Parliament will be authorized to pass a law on a subject list about which the Rajya Sabha passes a resolution with 2/3rd majority of the members present and voting saying that subject has attained national importance. Such a resolution of the Rajya Sabha will give the Parliament the legislative power for one year at a time. The power may extended yearly till the need is felt. The law of the Parliament in such circumstances will come to an end six months after the lapse of the resolution of the Rajya Sabha.
(ii) At the request of two or more states. Article 252 empowers the Parliament to legislate on a matter in the State list if two or more states desire that any of the matter in the State list be regulated by the Parliament. Any act so passed cannot be amended by a state legislature of which the law – applies.
(iii) On the failure of Constitutional machinery in the state. The Parliament is empowered to pass laws on the State subject for the State in which emergency has been proclaimed because of the failure of constitutional machinery. It may delegate its legislative power concerning the State to President of India if it so deems necessary.
(iv) At the time of emergency arising due to war, external aggression and armed revolt. The Parliament has the authority to pass laws on any subject of the State list during the emergency proclaimed because of war and external aggression, etc. Such a law may be made for the whole of India or any part thereof.
(v) To enforce international treaties, agreements and decisions of international conferences. The Parliament has the power to make law on any item of the State list in order to implement some international treaty or agreement or convention.
(vi) Prior approval before introducing the bill. Some bills require previous sanction of the President before their introduction in the State Legislature e.g., bill concerning restrictions on the Inter-State trade.
(vii) Assent of the President on certain bills is essential. Some bills are reserved by the Governor for the signature of the President after being pased by the State legislature, e.g., bills concerning restriction on the powers of High Courts or bills concerning acquisition of property by the State by paying compensation, etc. The President has the power of absolute veto over the bills which are thus reserved by the Governors for his signature.
A critical examination of legislative relations leaves the impression that the Centre is very powerful in legislative matters and it can impose its will on the State’ All subjects of national importance are in the Union list and in the Concurrent list. Centre is all powerful. It is rightly remarked by K.V. Rao that a mere glance at the State list “shows how unimportant the subjects are and also how ambiguous and blurred.”
Moreover, the Centre has strengthened its hand by virtue of taking recourse to the facilities provided to it as mentioned above. The way the Centre acted in the case of the Kerala Education Bill (1958) clearly proves that the legislative powers of the State are very limited. It has been remarked by S.N. Jain and Alice Jacob that “the Centre while communicating assent has often tended to dictate its policies to the States, though actual assent has been refused only in a few cases.” R.P. Pandey rightly feared that “the whole frame of the federal Constitution” falls if the President is pleased to take a more active part in the consideration of State Bill.
Question 2.
Discuss the administrative relations between the Union and the States in India.
Answer:
Like the legislative powers the administrative powers are also divided between the Centre and the States. Administrative relations between the Union and the States largely follow the pattern laid down by the Government of India Act of 1935. Like legislative sphere, the Union is very strong in administrative matters.
According to Dr. Johri, ‘Though the areas of executive authority have been marked both for the Union and the States, the latter have become more or less like the vassals by virtue of the colossal power of the direction, superintendence and control vested in the hands of the Central Government.” As given in Part XI of the Constitution of India, the provisions of the Union-State Administrative relations are as,follows:
1. Art. 162 provides that the executive power of the Union extends to all matters on which Parliament can make laws. On the other hand, the states have executive powers over matters included in State List. In matters included in the Concurrent List the executive functions ordinarily remainwith the states.
2. Art. 256 says that the executive power of every state shall be so exercised as to ensure compliance with the laws made by the Parliament.
3. It is the function of the State executive to see that it does not become a hindrance in the way of the Central executive. For this purpose also the Central Government is empowered to issue direction to State executive.
4. The Central Government may ask the State Government to construct and maintain the means of communication of national and military importance. The Central Government may direct the State Government to protect the railway lines and the trains passing through the States.
5. The State executive is to see that the laws made by the Parliament and the other laws prevalent in the States are very well executed. The Central Government is authorized to give directions to the State governments for this purpose.
6. The President of India appoints the State Governors on the advice of the council of ministers at the Centre. He has the powor to remove them as well. That is why the Governors normally work as representatives of the Central Government in the States. They submit reports to the Centre about the conditions of the State off and on.
7. The federal government can enquire into the charges levelled against the Chief Ministers and may persuade them to vacate the office when the charges are proved.
8. The President can depute any of the State employees to work in accordance with the wishes of the Union Government. Of course the Central Government will pay to the State Government for the extra expenditure made in carrying out the orders.
9. The Parliament can make rules regarding the dispute between the two States with regard to the use of water and boundaries.
10. The President can form an Inter-State Council to advise the States in disputes.
11. All the big officers of the States are manned by the members of the All India Services. These officers are governed by the rules and regualtions of the Union Government.
12. The Union Government can hold a conference of the representatives of State governments to discuss the common problems of the States. The Union Government can ask the State governments to carry out the decisions taken at such conferences.
13. The Union Government enjoys vast powers during emergency. The Central Government may issue instructions to the State governments concerning any subject during the emergency proclaimed because of war or external aggression etc. During the operation of proclamation of emergency, the Union Government can take over the legislative and administrative powers of all the States and, thus suspend the working of federal polity for the country as a whole. As far as the Emergency proclaimed because of the failure of the Constitutional machinery of a State is cocerned, the powers of the State executive go to the Central Executive and the assembly of the State is dissolved and the Council of Ministers is dismissed.
14. If the Parliament makes laws declaring high waterways to be national highways or national waterways then the union government may undertake their construction and maintenance.
15. In Indian federal administration, trade commerce and intercourse is free throughout the country. The parliament has a power to restrict such intercourse for public interest. The states have no such freedom.
In administrative sphere, the Union Government is powerful. Though Governor is a constitutional head, yet he is the representative of the Centre and many times Centre intervenes in the the State affairs through governor. The Union Government is able to penetrate quite deep into the administrative affairs of the state through All India Services.
The way the Central Reserve Police was used by the Centre in Sept. 1968 to deal with the situation created by the strike of Central Government employees in Kerala was criticised by the opposition parties. But L.M. Singvi is of the opinion that “If properly understood, one must appreciate this observation that the use of the Central Reserve Police has proved a very effective device to exercise control over the recalcitrant States so that they do not run in flat contradiction to the spirit of the Constitution or important national policies.”
Question 3.
Discuss the financial relations between the Centre and States in India.
Answer:
If the legislative and administrative autonomy of the States are to be real then it must be accompanied by an adequate financial autonomy. It is an accepted principle of the federation that both the Union and the State Governments must have enough sources of revenue to carry out their legislative and administrative business. In India the financial powers have also been distributed between the Centre and the States.
The Central Government can impose the following taxes: income tax excepting the agricultural income, import and export duty, excise duty on tobacco, taxes on newspapers, taxes on railway fares and freights, corporation tax, estate duty on property other than agricultural land, terminal taxes on goods or passengers carried by air, sea or railway, taxes on the sale or purchase of goods in the inter-State commerce etc.
The power of the States, regarding the imposition of taxes extends to the he following matters-land revenue, taxes on agricultural land, income estate duty on agricultural land, taxes on lands and buildings, excise duty on alcoholic liquor, taxes on electricity, taxes on goods and passengers carried by road or on, inland waterways, taxes on vehicles, taxes on boats and animals, professional tax, taxes on luxuries, stamps duties, etc. But it is not enough to study the divisions of the power of taxation between the Centre and the States because the financial relations of the Centre and the States are complicated as given below:
1. There are faxes which are exclusively Central, and the revenues from which are wholly appropriated for the use of the Central government. These include export duties, corporation tax, taxes on the capital value of the assests, exclusive of agricultural land of individuals and companies.
2. Some taxes are levied by the Central Government and are also collected by it. But the income from these taxes is distributed among the States, for example income from income tax.
3. There are certain taxes which are levied by the Centre, but are collected by the States and appropriated by them for their own use. They are stamp duties and excise duties on medicinal and toilet preparations containing alcohol.
4. Some taxes are such as are levied and collected by Centre and those are distributed between the Centre and the States. Income tax on income other than from the agricultural land, is included in this category. Income tax is distributed between the Centre and the States on the recommendations of the Finance Commission. The share of union territories goes to the Cenrtre. Excise duties of the union other than those on medicine and toilet preparations, will be levied and collected by the Centre but may be distributed between the Centre and the States in accordance with the law made by the Parliament.
5. The States of Assam, West Bengal, Bihar and Orissa get grants-in-aid in lieu of the export duty on jute products on the recommendations of the Finance Commission.
6. Grants-in-aid. The Parliament may by law decide to give grants-in-aid to such States as are in need of the same in its opinion. The Centre may give special grants-in-aid to the states to complete some special plans for development. It is for the Union Parlimament to fix the extent of these grants and the Union government can lay down the condition, under which they are to be administered.
7. The Union Government may give loans to the states subject to the conditions laid down by an act of the parliament or may guarantee loans to the states provided that the limits set by the parliament to the Union loan are not exceeded.
8. The Comptroller and Auditor-General of India is appointed by the President and the Parliament may entrust duties and grant him such powers in relation to state accounts as it may deem proper.
9. The Parliament may by law impose certain restrictions on the inter-state trade for public purpose. But if a State Legislature wants to pass such law, it will require the previous sanction of the President.
10. The President appoints the Finance Commission of India for a term of five years. The Finance Commission recommends to the President the distribution of taxes between the centre and the states. Financial Emergency can be proclaimed by the President if he is satisfied that the financial stability or credit of India is threatened.
In such an Emergency also the powers of the federal Government increase as far as the financial sphere is concerned. The Central Government may issue any directions of financial nature to the States in such an Emergency. The money bills passed by the state legislatures will be reserved for the signatures of the President. The President may reduce the salaries of any category or categories of government servants including the judges of the Supreme Court and the High Courts.
Short Answer Type Questions
Question 1.
Mention briefly the legislative relations between the Centre and the states in India.
Answer:
The Constitution of India very clearly distributes the legislative powers between the Centre and the states. There are three lists of powers given in the Constitution Union List, State List and Concurrent List.
- Union List: There are 97 subjects and Parliament can make laws on these subjects.
- State List: There are 66 subjects and on these subjects only states are competent to make law.
- Concurrent list: There are 47 subjects. Both the Centre and the States can frame laws on these subjects. But if there is a conflict between the two, the Union law prevails.
- Residuary Powers: Residuary powers have been allotted to the Central government by the Constitution.
In legislative matters Centre is more powerful than the States. The Central government has the authority to make laws on the subjects mentioned in the state list under certain special circumstances.
Question 2.
Discuss briefly the financial relations between the Centre and the States in India.
Answer:
In India the financial powers have been distributed between the Centre and the States.
- There are certain taxes which are exclusively assigned to the Central government.
- There are certain taxes which are exclusively assigned to the State governments.
- There are taxes which are exclusively central and the revenue from the wholly appropriated for the use of the Central government.
- Some taxes are levied and.collected by the Central government, but the income is distributed among the States.
Question 3.
How is the scheme of distribution of subjects between the Centre and the States is in favour of the Centre?
Answer:
The scheme of distribution of powers between the Centre and the States is clearly in favour of the Centre. The Union List consists of 97 subjects where State List includes 66 subjects only. Moreover, the Union List contains subjects of national importance, whereas State List includes subjects of local importance.
On 47 subjects of Concurrent list both the centre and state can frame laws but if there is a conflict between the two, the union law prevails and the state law fails to the extent of repugnancy. Residuary powers are also with the centre. Under certain special circumstances the centre has a right to make law on the subjects contained in the State list.
Question 4.
What are the causes of tension between the relationship of the centre and the states?
Answer:
There are many causes of tension between the relationship of the centre and the states. Followings are some of them:
- The division of financial resources and the system of financial relations as laid down by the constitution of India is the root cause of tension. The States find themselves financially poor and dependent on the centre.
- Another major cause of tension is the dual role of the governor as the agent of the centre and the constitutional head of the state.
- Misuse of Article 356.
- Deployment of Central Forces in the States.
Question 5.
In what way the tension between the centre and state can be reduced?
Answer:
- The states should be given adequate source of revenue.
- There should be Clarify in the role of governor.
- Art. 356 should not be misused for political purposes.
- The centre should not misuse its power to amending the Constitution.
Very Short Answer Type Questions
Question 1.
Mention briefly the legislative relations between the Centre and the states in India.
Answer:
There are three lists of powers given in the Constitution-Union List, State List and Concurrent List.
- Union List: There are 97 subjects and Parliament can make laws on these subjects.
- State List: There are 66 subjects and on these subjects only states are competent to make law.
- Concurrent list: There are 47 subjects. Both the Centre and the States can frame laws on these subjects. But if there is a conflict between the two, the Union law prevails.
- Residuary Powers: Residuary powers have been allotted to the Central government by the Constitution.
Question 2.
Discuss briefly the financial relations between the Centre and the States in India.
Answer:
In India the financial powers have been distributed between the Centre and the States.
- There are certain taxes which are exclusively assigned to the Central government.
- There are certain taxes which are exclusively assigned to the State governments.
Question 3.
What are the causes of tension between the relationship of the centre and the states?
Answer:
The division of financial resources and the system of financial relations as laid down by the constitution of India is the root cause of tension. The States find themselves financially poor and dependent on the centre. Another major cause of tension is the dual role of the governor as the agent of the centre and the constitutional head of the state.
Question 4.
In what way the tension between the centre and state can be reduced?
Answer:
- The states should be given adequate source of revenue.
- There should be Clarify in the role of governor.
One Word to One Sentence Answer Type Questions
Question 1.
In which article It Is mentioned that India will bé ‘Union of States’?
Answer:
Article I of indian Constitution.
Question 2.
From which country we have taken the idea of ‘Union of States?’
Answer:
Canada.
Question 3.
How many subjects are in the Union List?
Answer:
There are 97 subjects in the Union List.
Question 4.
How many subjects are in the State List?
Answer:
There are 66 subjects in the State List.
Question 5.
How many subjects are in the Concurrent List?
Answer:
There are 47 subjects in the Concurrent List.
Fill in The Blanks
1.In the Union List there are subjects.
Answer:
97
2. In the State Lists there are subjects.
Answer:
66
3. There are 47 subjects in the List.
Answer:
Concurrent.
True or False statement:
1. The State governors are appointed by Chief Minister.
Answer:
False
2. In India, Residuary powers have been allotted to the State government.
Answer:
False
3. The President can form an Inter-States Council to advice the states in disputes.
Answer:
True.
Choose The Correct Answer
Question 1.
Which one of the following articles declares India a ‘Union of States’?
(A) Art. 1
(B) Art. 10
(C) Art. 4
(D) Art. 2.
Answer:
(A) Art. 1
Question 2.
Who said, “The Indian Constitution is neither purely federal nor unitary but a combination of both.”
(A) D.D. Basu
(B) Dr. Jennings
(C) G.N. Singh
(D) Dr. John.
Answer:
(A) D.D. Basu
Question 3.
Union List includes:
(A) 66 Subjects
(B) 47 Subjects
(C) 97 Subjects
(D) 98 Subjects.
Answer:
(C) 97 Subjects
Question 4.
State List includes:
(A) 66 Subjects
(B) 47 Subjects
(C) 62 Subjects
(D) 52 Subjects.
Answer:
(A) 66 Subjects