Union-State Relations — Set 7

Correct Answer: B. Cannot withhold assent the second time

Article 200 provides that if the Governor returns a bill (other than a Money Bill) for reconsideration and the House or Houses pass the bill again with or without amendment, the Governor shall not withhold assent therefrom. This means the Governor cannot indefinitely block state legislation by repeatedly returning a bill. However, the Governor can always reserve it for President's consideration.

Correct Answer: B. Members of Armed Forces and Police

Article 33 empowers Parliament to restrict or abrogate the Fundamental Rights of members of the Armed Forces, the Forces charged with the maintenance of public order (like police), persons employed in any bureau or organization established by the State for purposes of intelligence or counter-intelligence, and persons employed by the State in establishments for communications. Parliament can make special laws for these categories in the interest of discipline and proper functioning. Parliament is the supreme legislative body of India, consisting of the President, Lok Sabha, and Rajya Sabha.

Correct Answer: C. Article 20(3)

Article 20(3) provides protection against self-incrimination by stating that no person accused of any offence shall be compelled to be a witness against himself. This right applies from the moment of accusation, not just during trial. The Supreme Court has held that this right covers not just oral testimony but also documentary evidence. However, this protection does not extend to real or physical evidence like fingerprints, blood samples, or DNA tests.

Correct Answer: B. Subjects where both Parliament and state legislatures can legislate — criminal law, marriage, education

The Concurrent List (List III) in the Seventh Schedule contains subjects where both Parliament and State Legislatures can make laws. Examples include: criminal law and procedure, civil procedure, marriage and divorce, wills and succession, transfer of property, forests, education, drugs, newspapers, electricity, labour disputes, economic planning, and population control. Understanding this constitutional provision is essential for competitive examinations and civic awareness.

Correct Answer: C. Article 19 - Six Freedoms

Article 19 with its six fundamental freedoms (freedom of speech, assembly, association, movement, residence, and profession) is available only to citizens of India, not to foreign nationals. In contrast, Articles 14, 20, 21, 22, 23, 24, 25, 26, 27, and 28 are available to all persons (citizens and non-citizens alike). This distinction is important as it limits certain freedoms to those with a special bond with the Indian state.

Correct Answer: B. Role of Governor, Centre-State legislative relations, and emergency provisions

The Punchhi Commission, headed by former Chief Justice M.M. Punchhi, was set up in 2007 to look into Centre-State relations. It recommended: (1) Governors should have fixed tenures; (2) Article 356 should be restricted; (3) The Inter-State Council should meet regularly; (4) States should have more financial autonomy; and (5) Cooperative federalism should be strengthened.

Correct Answer: B. To protect every State against external aggression and internal disturbance and to ensure state governments are carried on in accordance with the Constitution

Article 355 casts a duty on the Union to protect every State against external aggression and internal disturbance, and to ensure that the government of every State is carried on in accordance with the provisions of the Constitution. This article provides the foundation for Centre's intervention in state affairs when necessary — it is the basis for invoking Article 356. Understanding this constitutional provision is essential for competitive examinations and civic awareness.

Correct Answer: B. A law made by state legislature with Presidential assent

Article 258A provides that the Governor of a State may, with the consent of the Government of India, entrust to that Government or its officers functions in relation to any matter to which the executive power of the State extends. This is the reverse of Article 258 (Centre entrusting functions to states) — here states entrust functions to the Centre. Understanding this constitutional provision is essential for competitive examinations and civic awareness.

Correct Answer: B. A state law can have extra-territorial operation if there is a nexus between the law and the state

The doctrine of territorial nexus under Article 245(2) means that laws made by state legislatures can have extra-territorial application if there is a sufficient nexus or connection between the state and the subject of the law. The Supreme Court has upheld state tax laws with extra-territorial effects as long as there is a real and substantial connection to the state. Understanding this constitutional provision is essential for competitive examinations and civic awareness.

Correct Answer: B. GST Council, Inter-State Council, and Finance Commission — where both Centre and States work together

'Cooperative Federalism' is exemplified by institutions and mechanisms where Centre and States work together cooperatively: (1) GST Council (Article 279A) — joint decision-making on tax rates; (2) Inter-State Council (Article 263) — discussion of common interests; (3) Finance Commission — distributes taxes between Centre and States; and (4) Centrally Sponsored Schemes with state partnership. This is an important constitutional provision that governs the structure and functioning of Indian democracy Understanding this constitutional provision is essential for competitive examinations and civic awareness. Understanding this provision thoroughly is essential for civil services, judicial services, and other competitive examinations.