Andhra Pradesh BIEAP AP Inter 2nd Year Civics Study Material 9th Lesson Union-State Relations Textbook Questions and Answers.
AP Inter 2nd Year Civics Study Material 9th Lesson Union-State Relations
Long Answer Questions
Question 1.
Explain the brief of the Union-State Relations in India.
Answer:
Centre – State relations is the most important aspect of a federal polity. They are incorporated in part – XI and part – XII of our Constitution. Articles 245 – 300 deals with the center-state relations. Our Constitution clearly defined the Union – State relations for avoiding conflicts between the Centre and States and for establishing cooperative federation.
We may study the Union – State relations under three heads. They are :
- Legislative relations (Articles 245 – 255)
- Administrative relations (Articles 256 – 263)
- Financial relations (Articles 264 – 300)
1. Legislative relations (Articles 245 – 255):
Our Constitution divided the subjects of legislation into three lists, namely ; i) Union list ii) State list iii) Concurrent list. These are explained below.
i) Union list:
At present the Union list comprises 100 subjects. The subjects included in this list are of national importance. The Parliament has exclusive jurisdiction to make laws for the whole or any part of the territory of India with regard to items included in the Union list. Defence, Foreign affairs, War and Peace, Posts and Telegraphs, Currency and Coinage, Banking, Insurance, Audit and Accounts, Supreme Court and High Courts, U.P.S.C., All India Services etc.
ii) State list:
This list comprises of 62 items. These items are of local importance. The State Legislatures have jurisdiction to make laws with regard, to items included in the State list. Law and Order, Police, Prisons, Public Health and Sanitation, Agriculture, Forests, Fisheries, Land revenue, State Public Services, Libraries etc., are included in the State list.
iii) Concurrent list:
This list contains 52 subjects. Both the Union Parliament and the State Legislature can make laws on these subjects. However, in case of conflict between the laws of the Central Government and the State Government, the laws of the former will prevail. Criminal law and procedure, Civil law and procedure, Preventive detention, Marriage and Divorce, Population Control, Forests etc., are included in the Concurrent list.
Residuary Powers:
Items not included in any of the three lists are termed as Residuary Powers. The Union Parliament is empowered to make laws on these matters.
Parliament’s authority over the State matters :
The Union Parliament has special powers to make legislation on the matters of State list under the following special circumstances.
- It has the power to enact legislation on the State matters during the proclamation of emergency. Such a law is in vogue so long as the emergency is in vogue.
- It has power to make laws on any particular item of State list when two or more State Legislatures, request the former to make legislation through a resolution. Such a law applies to the respective States.
The above matters prove that the Union has more powers oyer the States in legislative matters.
2. Administrative relations (Articles 256 – 263) :
Article 256 – 263 of part XI deal with Administrative relationship between the Centre and States. They are explained below :
- The executive power of the States is to be so exercised as to ensure compliance with the laws of Parliament.
- The Union Government has powers to issue directions to the States for the Construction and maintenance of the means of Communication, declared to be of national or military importance.
- The Union Government can also give directions to the States regarding the measures to be taken for the protection of Railways within the boundaries of the State.
- The Constitution vests the President with the power to establish an Inter – State Council.
- During the national emergency, the federal structure is transformed into a unitary one and all the executive authority of the State is exercised by the Union etc.
3. Financial relations (Articles 264 – 300) :
The Financial relations between the Centre and the States are defined in part XII of the Constitution (Articles 264 – 300). They are explained below:
- There are 12 sources of income for the Union Government and 19 sources for the State Government respectively.
- Some taxes like stamp duty, customs duty on pharmaceuticals are imposed by the Union Government. The State Governments collect and utilise the proceeds.
- A part of income from Railway fares is allotted to the State Governments.
- The Finance Commission makes recommendation to the President on the matters of allotting financial resources.
- The Union Government sanctions grants to the States for the completion of certain special projects.
It is clear that the States do not possess adequate financial resources to meet their requirements.
Question 2.
Discuss the three lists of Union – State Relations.
Answer:
The Constitution of India makes three fold distribution of legislative powers between the Union and States. List-I (the Union List), List-II (the State List) and List-Ill (the Concurrent List)
The Union List:
The Legislative relations have been divided between the Union and States in a unique way. The Union list is a longest list. In the beginning of the constitution it consists of 97 subjects. This list has at present 100 subjects. The Union Parliament has exclusive power to make laws with respect to any of the matters enumerated in the Union List.
The subjects in this list include Defence, atomic energy, matters related to the UN, Foreign Affairs, diplomatic representation, treaties with foreign states, war and peace, citizenship, Railways, National Highways, airways, shipping, regulation and control of air traffic, post and Telegraph, Telephones, currencies, commerce and Banking, Interstate Trade, Insurance, foreign loans, patents, weights waters, Union Public Service Commission, All India Services, election to Parliament etc. The laws made on these subjects are applicable to all the State and to all the citizens equally.
State List:
Under normal circumstances the State Legislature has exclusive powers to make laws with respect to any of the matters enumerated in the State List. It consists of 66 subjects of provincial importance. After the 42nd Amendment, this number was reduced to 62 subjects. The State Legislatures have exclusive power to make laws on matters enumerated in this list.
Some of the important subjects included in the State list are law and order, justice, jails, police, agriculture, irrigation, public health, local self government, pilgrimages, libraries, fisheries, markets and fairs and land revenue etc. These laws are only applicable to the individuals or institutions within that state only.
The Concurrent List:
Both the Parliament and the State Legislatures are authorized to make laws over the subjects included in this list. There are 47 subjects of local and national importance. After the 42nd Amendment Act, 1976, their number was increased to 52. Both the Union and State Governments may enact laws on these matters. But the Union law prevails upon the laws of the States in case of conflict between the two.
Some of the subjects under the Concurrent List are – forests, protection of wild animals and birds, population control and family planning, education including technical and medical education, criminal law and procedure, marriage and divorce, trusts and trustees, adulteration, trade unions, electricity, press and newspapers and weights and measures except establishment of standards etc.
The Union Parliament is empowered to amend and repeal the laws made by the States or any subjects mentioned in the concurrent List. It has power exclusively to make any law with respect of any subject not enumerated in the Concurrent List or State List. But under certain special circumstances the Union Government is empowered to abolish the powers of the states over the subjects included in the State List.
Residuary Powers :
The powers which are not included in any of the above lists are called Residuary Powers. They are assigned to the union government.
Ex: The power of the Parliament to impose taxes on the services sector of the economy.
Short Answer Questions
Question 1.
Discuss the Administrative Relations between the union and the States in India. [Mar. 18, 16]
Answer:
Articles 256 to 263 in Part XI of our Constitution deal with the administrative relations between the Union and States. They are discussed under the following heads : (a) during emergencies, (b) in normal times.
In normal times :
In normal times, our Constitution has devised techniques of control over the states by the Union to ensure that the State Governments do not interfere with the legislative and executive policies of the Union. The Union Government exercises its influence over the State Governments in the following ways. The Union Government is empowered to issue directions to the State Governments in the following matters :
- To ensure due compliance with the Union laws in the implementation of the State laws.
- To ensure that the exercise of the executive power of the State does not impede the implementation of the Union laws.
- The ensure the Constitution and the Maintenance of the means of communication of military or national importance.
- To ensure protection of Railways within the state.
- To devise and execute schemes for the welfare of the tribal communities as mentioned in the directions.
- To secure the provisions of the adequate facilities for the instruction in the tongue at the primary stage to linguistic minorities.
- To ensure the development of Hindi language.
- To entrust certain functions of the Centre to the State and ifs officers and the Centre will meet the additional expenditure involved in carrying out such functions.
- To issue directions to the State for the welfare of the Schedule Castes and scheduled Tribes.
- The State Governments have to see that the laws made by the Parliament and other laws prevalent in the State are properly executed. The Union Government is empowered to give directions to the States for this purpose,
- The Parliament can frame rules regarding the settlement of disputes between two States with regard to the use of water and boundaries.
- The President is empowered to constitute an Inter-State Council to advise the State in settling their disputes.
- The personnel belonging to All India Services working in the State are governed by the rules, regulations, and service conditions laid down by the Central government only. They can be removed only by that government.
- The Central Government dispatches the central resource power to the States for tackling any situation of disturbances affecting law and order conditions in the State.
- The Union can impose President Rule in any State if there is a breakdown of the Constitutional machinery in the State.
- The Election Commission, an independent Constitutional body constituted by the Central Government conduct elections of the Union and State legislatures.
- The Parliament can empower to make grant in aid to any State which is in need of such assistance.
During Emergencies :
During the operation of a national emergency, the Union Government will work as a powerful body. The state governments are brought under its complete control. However, they can’t be suspended by the union. When the President rule is imposed in a state the President can assume to himself the functions of the state government. He can assign such functions to the Governor. During the financial emergency, the union can direct the states to observe canons of financial propriety. The President can issue directions including the reduction of salaries of persons serving in the state government and the High Court Judges.
Question 2.
What are the Financial Relations between the union and the states? Explain.
Answer:
Articles 268 and 293 in Part – XII of the Constitution deal with the Centre – State financial relations. The relations between the Centre and the States can be discussed under the following heads :
1) Taxes and Duties levied by the Centre :
There are certain taxes which are exclusively assigned to the Union. These include customs and exports duties, income tax, excise duties on tobacco, jute cut corporation tax, taxes on the capital value of the assets, estate duty in respect of property other than agricultural land, railways, post and telegraphs, telephones, wireless, broadcasting and other forms of communications, foreign exchange, currency and coinage etc.
2) Taxes and duties levied and used by the State :
Certain items of revenue fall under the exclusive jurisdiction of the State. There are land revenue, taxes on goods and passengers carried by road or inland water, taxes on the consumption or sale of electricity and toll tax, duty on alcoholic liquors for human consumptions, taxes on entertainment, amusement, betting, gambling etc.
3) Taxes levied by the Union but collected and appropriated by States :
Revenue from the following items is collected and appropriated by the States. These include Stamp duties on bill of exchange, cheques, promissory notes, bills of lending, transfer of shares, excise duties on medical and toilet materials, opium etc.
4) Taxes levied and collected by the Union but assigned to States :
The taxes on certain items are levied and collected by the Union but exclusively allotted to the States. These are : railway freight and fares, terminal taxes on good or passengers carried by rail, sea or air, estate duty in respect of property other than agricultural land.
5) Taxes levied and collected by the Union and distributed among the Union and the States :
There are certain items, on which the taxes are levied and collected by the Union but shared with the States. Such items are : tax on income other than agricultural income, excise duties on items other than medical and toilet materials.
6) Union Government grants-in-aid and loans to the States :
The Union Government makes special provisions by two other means.
i. Grants -in-aid :
The Union Government provides grants-in-aid (which are not paid back) to the States for different purposes. These grants are generally given for the purpose of financing development programmes for promoting the welfare of Scheduled Castes, Scheduled Tribes and Backward Classes or budget deficit or for helping the States during natural calamities like drought, floods, earthquakes etc. The States of Assam, Bihar and Orissa are given special grants-in-aid in lieu of export duty on the export of jute goods produced in these States.
ii. Advancement of central loans :
Besides grants in aid, the Union Government may advance loans to the State Governments and also give security to the loans by the Union Government within the provisions of the Constitutions.
7) Financial Relations between Union and States during Financial Emergency :
During the proclamation of Financial Emergency, the President can give financial directions to the States. The President can suspend the grant-in-aid to the States. During such an emergency the States are left only with revenues available under the State List and the other resources Can be controlled as per the wishes of the Centre. The President can issue directions to reduce the salaries and other allowances of the government employees including the judges.
Question 3.
Examine the Legislative Relations between the Union and the States.
Answer:
Articles 245 to 255 in Part XI and Chapter I of the Indian Constitution deal with the legislative relations between the Union and the States. The Constitution of India makes three fold distributions of legislative powers between the union and the States viz.
- The union list
- The state list and
- The concurrent list.
They can be explained in the following way.
The Union List:
The Legislative relations have been divided between the Union and States in a unique way. The Union list is a longest list. In the beginning of the constitution it consists of 97 subjects. This list has at present 100 subjects. The Union Parliament has exclusive power to make laws with respect to any of the matters enumerated in the Union List.
The subjects in this list include Defence, atomic energy, matters related to the UN, Foreign Affairs, diplomatic representation, treaties with foreign states, war and peace, citizenship, Railways, National Highways, airways, shipping, regulation and control of air traffic, post and Telegraph, Telephones, currencies, commeirce and Banking, Interstate Trade, Insurance, foreign loans, patents, weights waters, Union Public Service Commission, All India Services, election to Parliament etc. The laws made on these subjects are applicable to all the State and to all the citizens equally.
State List:
Under normal circumstances the State Legislature has exclusive(powers to make laws with respect to any of the matters enumerated in the State List. It consists of 66 subjects of provincial importance. After the 42nd Amendment, this number was reduced to 62 subjects. The State Legislatures have exclusive power to make laws on matters enumerated in this list. Some of the important subjects included in the State list are law and order, justice, jails, police, agriculture, irrigation, public health, local self government, pilegrimages, libraries, fisheries, markets and fairs and land revenue etc. These laws are only applicable to the individuals or institutions within that state only
The Concurrent List:
Both the Parliament and the State Legislatures are authorized to make laws over the subjects included in this list. There are 47 subjects of local and national importance. After the 42nd Amendment Act, 1976, their number was increased to 52. Both the Union and State Governments may enact laws on these matters. But the Union law prevails upon the laws of the States in case of conflict between the two.
Some of the subjects under the Concurrent List are – forests, protection of wild animals and birds, population control and family planning, education including technical and medical education, criminal law and procedure, marriage and divorce, trusts and trustees, adulteration, trade unions, electricity, press and newspapers and weights and measures except establishment of standards etc.
The Union Parliament is empowered to amend and repeal the laws made by the States or any subjects mentioned in the Concurrent List. It has power exclusively to make any law .with respect of any subject not enumerated in the Concurrent List or State List. But under certain special circumstances the Union Government is empowered to abolish the powers of the states over the subjects included in the State List.
Residuary Powers :
The powers which are not included in any of the above lists are called Residuary Powers. They are assigned to the union government.
Ex: The power of the Parliament to impose taxes on the services sector of the economy.
Question 4.
Explain the composition, Powers and Functibns of the Finance Commission.
Answer:
Composition :
Article 280 of the Indian Constitution deals with the composition, powers and functions of the Finance Commission. TKe President of India constitutes a Finance Commission, a quasi-judicial body with Chairman and four members. The Chairman as well as the members is appointed by the President for a period of five years. They are eligible for reappointment. The constitution authorizes the Parliament to decide the qualifications of the members and Chairman of the Commission.
Accordingly, the Parliament has specified the qualification of the Chairman and other members of the Commission. The Commission makes recommendations to the President on the distribution of financial resources between the Union and States. The Chairman should be a person having experience in the field of public affairs of the Union or the States. The other four members of the Finance Commission should be appointed from amongst the following fields.
a) A high Court judge or one qualified to be appointed as such.
b) A person having special knowledge of the finances and accounts of the government.
c) A person havihg wide experience in financial matters and administration.
d) A person having special knowledge of Economics.
Powers and Functions :
The Finance Commission review the financial relations between the Centre and States from time to time and makes recommendations to the President of India in the following matters
- It makes recommendations as to what proportion of the central taxes is to be distributed among the State.
- To determine the principles that should govern the grants-in-aid of the revenues of the State out of the Consolidated Fund of India.
- It also makes recommendations regarding the continuance or modifications of agreements entered into by the Union Government with any state.
- It makes suggestions on any other matter referred to the Commission by the President in the interest of financial stability.
- The functions of Finance Commission have been enlarged by 73rd and 74th Constitutional Amendment, which makes it the duty of the Commission to suggest measures needed to augment the Consolidated Fund of a State to supplement the resources of the Panchayat and Municipalities in the States.
- It also holds discussions With the higher officials and prominent leaders on administrative and’political affairs, and invites suggestions from the heads of various financial institutions in the country for sound financial stability.
The Finance Commission submits its report to the President of India, which is generally accepted by the Central Government. The President may or may not accept all or few of the recommendations of the Commission. These recommendations are applicable for a period of five years.
Question 5.
Evaluate the Recommendations of the Sarkaria Commission. [Mar. 18, 16]
Answer:
The Union Government appointed a three – member Commission on Centre-State relations under the Chairmanship of R.S.Sarkaria, a retired judge of the Supreme Court. B.Sivaraman, S.R.Sen and Rama Subrahmaniam were appointed as other members. The Commission was asked to overhaul and review the working of existing arrangements between the Union and States in all spheres as and recommend such changes and measures as may be appropriate. It was initially given one year time to complete its work; but its term was extended four times. The final report was submitted on October, 27,1987 and the summary was later officially released in January, 1988.
The Sarkaria Commission made 247 recommendations to improve the Centre – State relations. The important recommendations are mentioned below :
- A permanent Inter-State Council called the Inter-Governmental Council should be set up under Article 263.
- Article 356 (President’s Rule) should be used very sparingly in extreme cases as a last resort when all the available alternatives fail.
- The institution of All India Services should be further strengthened and some more such services should be created.
- The residuary powers of taxation should continue to remain with the Parliament, while the other residuary powers should be placed in the Concurrent List.
- When the President withholds his assent to the State bills, the reasons should be communicated the State Government.
- The National Development Council (NDC) should be renamed and reconstituted as the National Economic and Development Council (NEDC).
- The zonal councils should be constituted afresh and reactivated to promote the spirit of federalism.
- The Union should have powers to deploy its armed forces, even without the consent of States. However, it is desirable that the States should be consulted.
- The Centre should consult the States before making a law on a subject of the Concurrent List.
- The procedure of consulting the Chief Minister in the appointment of the State Governor should be prescribed in the Constitutional itself.
- The net proceeds of the Corporation tax may be made permissibly shareable with the States.
- The Governor cannot dismiss the Council of Ministers so long as it commands a majority in the assembly.
- The Governor’s term of five years in a State should not be disturbed except for some extremely compelling reasons.
- No commission of enquiry should be set up against a State Minister unless a demand is made by the Parliament.
- The surcharge on income tax should not-be levied by the Centre except for a specific purpose and or a strictly limited period.
- The present division of functions between the Finance Commission and the Planning Commission is reasonable and should continue.
- Steps should be taken to uniformly implement the three language formula in its true spirit.
- No autonomy for radio and television but decentralization in their operations.
- No change in the role of Rajya Sabha arid the Centre’s power to reorganize the States.
- Giving powers to the Municipalities to issue tax free bonds.
The Union Government has implemented 180 ( out of 247) recommendations of the Sarkaria Commission. The most important is the establishment of the Inter – State Council in 1990 but it has not served the purpose.
Very Short Answer Questions
Question 1.
Any three relations between Union and States.
Answer:
The Union and State Relation in India are divided into three heads. They are
- Legislative
- Administrative and
- Financial Relations.
Question 2.
Union List
Answer:
The union list is a longest list. It consists of 100 subjects. The Union Parliament has exclusive power to make laws on these subjects like Defence, Foreign Affairs, Railways, Airways, Banking, Insurance etc.
Question 3.
Administrative Relations during emergencies.
Answer:
During the operation of a national emergency, the Union Government will work as a powerful body. The state governments are brought under its complete control. However, they can’t be suspended by the union. When the President rule is imposed in a state the President can assume to himself the functions of the state government. He can assign such functions to the Governor. During the financial emergency, the union can direct the states to observe canons of financial propriety. The President can issue directions including the reduction of salaries of persons serving in the state government and the High Court Judge.
Question 4.
Legislative Power between the Union and the States.
Answer:
Articles 245 to 255 in part XI and chapter I of the Indian constitution deal with the legislative relations between the union and the states.
The constitutions of Indian makes three fold distributions of legislative powers between the union and states. List -I (The Union List), List -II (The State List) and List – III (the concurrent List).
Question 5.
Residuary Powers.
Answer:
The powers which are not included in any of the above lists are called residuary powers. They are assigned to the union government. Ex: The power of the Parliament to impose taxes on the services sector of the Economy.
Question 6.
Any two extra constitutional devices of Union Government.
Answer:
- National Institute for transforming India (NITI Ayog)
- National Development Council
- National Integration Council
- Inter – State Council
Question 7.
NiTIAayog. [Mar. 17, 18]
Answer:
The NITI Aayog (National Institute for Transforming India) is tasked with the role of formulating policies and directions for the government. It’s governing council will consist of the Chief Ministers of all the states in Indian Union and the Lieutenant Governors of the Union Territories.
Question 8.
National Development Council.
Answer:
National Development council was setup in 1952. It is as another extra-constitutional and extra-legal body to associate the states in the formulation of the plans. The Prime Minister is the ex-officio chairman of National Development Council. It consists of all the members of the Union Cabinet, Chief Ministers of all the states and the lieutenant governors of the Union Territories.
Question 9.
National Integration Council.
Answer:
National Integration Council was setup in 1961. The Council was directed to examine the issues like communalism, Casteism, Regionalism, Linguistic and narrow mindedness affecting National Integration. It makes necessary recommendations in the above matters.
Question 10.
Any three tension areas in Union – States Relations.
Answer:
Generally in Indian Political System the following areas created tensions between the union and states.
- Use of Article 356 in the states.
- Discrimination in financial allocation to the states.
- Appointment of enquiry commission against the Chief Ministers.
- Demand for State Autonomy.
Question 11.
Punchchi Commission.
Answer:
The UPA government setup a Commission on Centre – State Relations in April 28th 2007 under the Chairmanship of Madan Mohan Punchchi, a retired Chief Justice of India. The Commission was required to look into the issues of centre-state relations keeping in view the sea-change that have taken place in Indian polity since the Sarkaria Commission had last looked at the issue of Union State relations over decades ago. The commission submitted its report to the government in April 20, 2010.
Question 12.
Union – State Relations.
Answer:
Union – State Relations is the most important aspect of a Federal Polity. They are in corporated in part XI and part XII of our constitution. Article 245 to 300 deals with the union – state Relations. Our Constitution clearly defined the union state relations for avoiding conflicts between the union and states and for establishing co-operative Federation.
The Constitution of India provides for systematic division of powers between the union and states in all spheres namely Legislative, Administrative and Financial.