Union-State Relations — Set 14

Correct Answer: C. C) Conditional repugnancy or Presidential assent exception

Under Article 254(2), if a state law on a Concurrent List subject has received the President's assent, it can prevail over an earlier parliamentary law on the same subject in that state, even though there is repugnancy. However, Parliament can always subsequently make a law on that subject that overrides the state law. This is the 'Presidential assent exception' to the general rule of central supremacy.

Correct Answer: C. C) Abolish Rajya Sabha to reduce Centre's dominance

The Sarkaria Commission on Centre-State Relations never recommended abolishing the Rajya Sabha. Its key recommendations included activating the Inter-State Council, using Article 356 as a last resort, appointing Governors from outside the state who are eminent persons, not using the Governor's office for political purposes, and strengthening the role of statutory bodies in financial devolution to states. The Election Commission of India is an autonomous constitutional authority responsible for administering elections.

Correct Answer: B. B) Full Faith and Credit Clause

Article 261 of the Indian Constitution provides that full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and every state. This is directly analogous to the Full Faith and Credit Clause in Article IV of the United States Constitution. It ensures that judicial judgments and official acts of one state are recognized and enforced in other states.

Correct Answer: C. C) Supreme Court of India

The Supreme Court of India is the final arbiter in disputes between Centre and States over legislative competence. Under Article 131, the Supreme Court has original jurisdiction over disputes between the Government of India and one or more states. The Supreme Court's decisions on whether Parliament or a State Legislature was competent to make a particular law are binding on all courts in India.

Correct Answer: B. B) Parliament (Centre)

Article 248 provides that Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List. This residuary power vests with the Centre, unlike the USA where residuary powers vest with the states. This is a centralizing feature of the Indian Constitution. The Seventh Schedule lists 100 Union subjects, 61 State subjects, and 52 Concurrent subjects.

Correct Answer: B. B) Right to Property (Article 31)

Article 300A was inserted by the 44th Amendment Act 1978, replacing the Right to Property under Article 31 which was a Fundamental Right. After the amendment, the right to property became a constitutional right (not a fundamental right) under Article 300A. This amendment was significant for Centre-State relations as it allowed state governments to acquire property for public purposes without being challenged as a violation of Fundamental Rights.

Correct Answer: B. B) A legislature enacting a law on a subject within its competence but the substance of the law is about a subject outside its competence

The doctrine of 'Colourable Legislation' means that a legislature cannot do indirectly what it cannot do directly. If a state legislature frames a law ostensibly on a State List subject but the real purpose and effect of the law is to regulate a Union List subject, the law is said to be 'colourable legislation' and is ultra vires. This doctrine is used by courts to examine the true nature and character of legislation.

Correct Answer: B. B) Finance Commission by recommendation

The Finance Commission under Article 280 recommends the formula for distribution of Central taxes (the 'vertical devolution' between Centre and States) and the distribution among states (horizontal devolution). The 15th Finance Commission (2021-26) recommended that states should receive 41% of the Central tax pool (reduced from 42% for the 14th FC due to J&K bifurcation into Union Territories). Understanding this constitutional provision is essential for competitive examinations and civic awareness.

Correct Answer: C. C) Inter-State Council

The Inter-State Council established under Article 263 is specifically meant to coordinate policies on matters affecting social, economic, and political interests of states. It can inquire into and advise upon disputes between states, investigate matters of common interest between Union and States, and make recommendations on matters of general interest. It is a constitutional body unlike NITI Aayog and Planning Commission.

Correct Answer: C. C) Specific states like Nagaland, Assam, Manipur, and others under Article 371A-371J

India practices asymmetric federalism by providing special provisions to specific states under Articles 371A to 371J. These include special provisions for Nagaland (Art 371A), Assam (371B), Manipur (371C), Andhra Pradesh/Telangana (371D, 371E), Sikkim (371F), Mizoram (371G), Arunachal Pradesh (371H), Goa (371I), and Karnataka (371J). These protect tribal customs, land, culture, and provide special development packages.