Union-State Relations — Set 8

Correct Answer: B. Disputes between the Government of India and one or more states, or between two or more states

Article 131 gives the Supreme Court original jurisdiction (exclusive) to decide disputes between: (a) the Government of India and one or more States; (b) the Government of India and State(s) on one side, and other State(s) on the other; (c) two or more States. Such disputes must involve a question of law or fact on which the existence or extent of a legal right depends. The judiciary plays a crucial role in upholding the Constitution and protecting citizens' fundamental rights.

Correct Answer: C. Article 324 and the Representation of People Acts

Elections to Parliament (Lok Sabha and Rajya Sabha) and State Legislatures are governed by Article 324 (Election Commission) and the Representation of the People Acts (1950 and 1951). The Election Commission of India superintends, directs, and controls all such elections. Delimitation of constituencies is done by the Delimitation Commission under Article 82.

Correct Answer: B. Article 163

Article 163(1) provides that there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion. The Governor's discretionary powers are an exception to the general rule of acting on ministerial advice. The Governor acts as the constitutional head of the state and is appointed by the President of India.

Correct Answer: B. State law received the assent of the President

Article 254(2) provides an exception to the general rule of Central law primacy: if a state law has been reserved for the consideration of the President and has received his assent, it shall prevail in that state even if it is repugnant to an earlier Central law. This is an exception that allows states to deviate from Central laws with Presidential approval. Understanding this constitutional provision is essential for competitive examinations and civic awareness.

Correct Answer: C. Prime Minister

The National Integration Council (NIC) is headed by the Prime Minister of India. It is a statutory advisory body (not a constitutional body) that meets periodically to discuss issues related to national integration. The Council includes the Chief Minister of all states and prominent citizens.

Correct Answer: B. For the whole or any part of the territory of India

Article 245(1) states that 'Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State'. This establishes the territorial extent of legislative powers — Parliament can legislate for whole or part of India, states can legislate for whole or part of their territory. Parliament is the supreme legislative body of India, consisting of the President, Lok Sabha, and Rajya Sabha.

Correct Answer: B. The Constitution needed to be amended to grant both Parliament and state legislatures power to levy GST simultaneously

The 101st Constitutional Amendment Act (2016) was required to implement GST because: (1) The Constitution originally gave states exclusive power to tax intra-state trade (Sales Tax, VAT) and Parliament exclusive power to tax services and inter-state trade; (2) GST required a new framework where both Parliament and state legislatures could simultaneously levy tax on goods and services. Constitutional amendments are made under Article 368 and require special majority in both Houses of Parliament The power to amend the Constitution is a special power that cannot be used to destroy its basic structure. The Supreme Court in Kesavananda Bharati case (1973) held that the basic structure of the Constitution cannot be amended by Parliament.

Correct Answer: B. States that fail to comply with Union government directions under Articles 256 and 257

Article 365 provides that where any State has failed to comply with or give effect to any directions given in the exercise of the executive power of the Union (under Articles 256 and 257), it shall be lawful for the President to hold that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of the Constitution — justifying Article 356. This constitutional provision under Article 365 is an essential part of the Indian constitutional framework 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.

Correct Answer: C. Taxes on income (other than from agriculture) shall be levied and collected by Union and distributed as per Finance Commission recommendations

Article 270 provides that taxes on income other than agricultural income shall be levied and collected by the Government of India and distributed between the Union and States as per the Finance Commission recommendations. Income tax, corporate tax, and other central taxes are shared between Centre and States. Understanding this constitutional provision is essential for competitive examinations and civic awareness.

Correct Answer: A. Articles 290-293

Articles 292 and 293 deal with borrowing. Article 292 empowers the Union Government to borrow money (up to such limits as Parliament may fix). Article 293 empowers state governments to borrow within India. However, if a state is indebted to the Centre, it cannot borrow without the Centre's consent.