Union-State Relations — Set 9

Correct Answer: B. A National Emergency is in operation under Article 352

Article 250 provides that while a Proclamation of National Emergency is in operation, Parliament shall have power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List. Such laws cease to have effect six months after the proclamation has ceased to operate. Parliament is the supreme legislative body of India, consisting of the President, Lok Sabha, and Rajya Sabha.

Correct Answer: B. Dismissal, removal, or reduction in rank without a reasonable opportunity to show cause

Article 311 provides important safeguards for civil servants: (1) No civil servant shall be dismissed or removed or reduced in rank by an authority subordinate to that which appointed him; (2) No civil servant shall be dismissed, removed, or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity to be heard. This constitutional provision under Article 311 is an essential part of the Indian constitutional framework Understanding this constitutional provision is essential for competitive examinations and civic awareness. In case of conflict between Union and State laws on concurrent subjects, the Union law prevails unless the State law has received Presidential assent.

Correct Answer: B. States' interests in legislative matters — it can check Parliamentary overreach into state domain

The Rajya Sabha (the Council of States) represents state interests in Parliament. It has special roles in Centre-State legislative relations: (1) Under Article 249, only Rajya Sabha can pass a resolution for Parliament to legislate on State List subjects; (2) Under Article 312, only Rajya Sabha can pass a resolution creating new All India Services; (3) It gives states a voice in Central legislation affecting them. Parliament is the supreme legislative body of India, consisting of the President, Lok Sabha, and Rajya Sabha.

Correct Answer: B. State List (List II) subjects which states alone can legislate upon, except when Centre exercises extra-legislative powers

The 'Zone of Exclusive State Power' refers to the State List (List II) in the Seventh Schedule. States have exclusive legislative power over these 66 subjects (like police, public health, agriculture, land). However, Parliament can legislate on these in exceptional circumstances: National Emergency (Art 250), Rajya Sabha resolution (Art 249), request by states (Art 252), implementing international treaties (Art 253), or President's Rule (Art 357).

Correct Answer: B. Entrust functions to state governments or their officers under Central laws

Article 258 provides that the President may, with the consent of the Government of a State, entrust either conditionally or unconditionally to that Government or its officers, functions in relation to any matter to which the executive power of the Union extends. This is the normal mechanism for Centre to delegate functions to states — administrative decentralization without constitutional changes. Understanding this constitutional provision is essential for competitive examinations and civic awareness.

Correct Answer: C. Article 262 (Inter-State River Water Disputes Act)

The Cauvery Water Dispute falls under the Inter-State River Water Disputes Act, 1956, which was enacted under Article 262. The Cauvery Water Disputes Tribunal was established under this Act. The Supreme Court has generally held that it has no jurisdiction over such disputes as long as an adjudication mechanism exists under the Act.

Correct Answer: B. Centralised Federalism — Centre dominates, states are subordinate but constitutionally protected

India's constitutional model is described as 'Quasi-Federalism' or 'Centralised Federalism'. The Centre is stronger than states because: residuary powers are with Centre, Parliament can legislate on State List in emergencies, states cannot challenge Central supremacy, and Governors are Centre's appointees. However, states have independent constitutional existence and cannot be abolished by Centre alone.

Correct Answer: A. Article 3

Article 3 of the Constitution empowers Parliament to: form a new state by separation of territory from any state or by uniting two or more states or parts of states; increase or diminish the area of any state; alter the boundaries of any state; alter the name of any state. Parliament can do this by a simple majority bill, without requiring the affected state's consent (though it must be referred to state legislatures for views). Parliament is the supreme legislative body of India, consisting of the President, Lok Sabha, and Rajya Sabha.

Correct Answer: C. Parliament's power to legislate on State List (Article 249) — it upheld the power of Parliament under special majority resolution

The issue of Parliament's power to make laws on State List subjects when the Rajya Sabha passes a special majority resolution under Article 249 was clarified in several Supreme Court decisions. The courts have consistently held that Article 249 is a valid constitutional mechanism for Parliament to legislate on state subjects when Rajya Sabha certifies it is necessary in the national interest. The judiciary plays a crucial role in upholding the Constitution and protecting citizens' fundamental rights.

Correct Answer: B. Parliament can enact laws incidental or ancillary to matters in the Union List

The principle of implied powers in Indian constitutional law means that Parliament can make laws on matters that are incidental or ancillary to the subjects mentioned in the Union List or the Concurrent List. The Supreme Court in several cases has upheld Central laws as falling within 'implied powers' even if they were not explicitly in the Union List but were necessary for effective implementation of Union List subjects. Understanding this constitutional provision is essential for competitive examinations and civic awareness.