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RELATIONS BETWEEN THE UNION AND THE STATES
Q. 1. Describe briefly the legislative relations between the Union Government and the Government of the States.ORDescribe briefly the distribution of powers between the Union and the State in India.
Ans. Articles 245 to 255 have made a clear division of legislative power between the Union and the States.
Article 245 says 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 part of the State."
Article 246 further says that the Parliament has the exclusive power to make laws with respect to any of the matters enumerated in the Union List in the Seventh Schedule. Similarly, the legislature of any State has exclusive Power to make laws for such State or any part thereof with respect to any of matters enumerated in the State List in the Seventh Schedule. Both Parliament and the legislature of any State also have the power to make laws with respect to any of the matters enumerated in the Concurrent List in the Seventh Schedule.
The residuary powers have been given to the Union. The union List contains 97 subjects. The State list contains 66 subjects whereas the Concurrent contains 47 subjects.
The Union list contains subjects like Defence, Foreign Affairs, Currency, Union Duties, etc. The State list contains subjects like public order and police, local government, public health and sanitation, agriculture, education, etc. The Concurrent list contains subjects like criminal law and procedure, marriages, contracts, trusts, social insurances, economic and social planning.
Under Article 248 of the Constitution, the residuary powers of legislation have been given to the Parliament. Article 248 reads that "Parliament has exclusive powers to make any law with respect to any matter not enumerated in the Concurrent list or State List." Such a power also includes the power of making any law imposing a tax not mentioned in either of the above lists.
Under Article 249 of the Constitution, the Parliament can make law even on a subject if the Council of States passes a resolution by a two-thirds majority of the members present and voting that it is in the national interest that the Parliament should make law on a particular matter contained in the State List:
Article 250 authorises the Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation.
If any State law is repugnant to the Union law and made under Article 249 or 250 above, then the Union law will prevail over the State law. The State law, to the extent of the repugnancy, will be inoperative.
Under Article 252 of the Constitution, the Parliament has the power to legislate for two or more States if the resolutions requesting the Union Parliament to make a law on a State subject are passed by all the Houses of the legislatures of those States.
The Parliament has also the power to make a law for whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries.
If a State law on a particular matter specified in the Concurrent List is repugnant to a Union law on the same matter, the Union law will prevail over the State law under Article 254 of the Constitution.
Lastly there are certain Bills which cannot be introduced unless previous sanction of the President is obtained and certain other Bills have to be reserved for the assent of the President after they are passed by the State legislatures.
In this manner we see that in the field of legislation there are many limitations on the State legislatures whereas the Union Parliament has been given vast powers even to legislate on those subjects included in the State List both during peace and emergencies. States are thus weaker partners in the Indian Federation. Therefore, certain critics have said that our States simply exercise the powers of "glorified municipalities.”
Q: 2. Discuss briefly the Administrative Relations between the Centre and the States under the Indian Constitution. .
Ans. The administrative relations between the Centre and the States have been stated from Article 256 to Article 263 of the Constitution. As a rule, the Central Government exercises administrative authority over all the matters on which the Parliament has the power to make laws, whereas the State Governments exercise authority over the matters included in the State List.
But the Constitution has given certain specific powers to Union Government where it can exercise authority even over the matters within the purview of the States.
Following are the important points to remember regarding the Centre-State elations in the administrative field:
(i) Article 256 lays down that the executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament. In his regard the Union can give suitable directions to the States.
(ii) The Union Government can give directions to a State as to the construction and maintenance of means of communications declared to be of national or military importance.
(iii) The executive power of the Union shall also extend to the giving of directions to a State as to the measures to be taken for the protection of railways within the State.
(iv) Under Article 258 of the Constitution, the President may with the consent of the State Government confer on the officers of the State Government, certain functions of the executive power of the Union.
(v) Similarly under Article 258A, the Governor of the State with the consent of the Government of India may entrust certain functions to its Officers regarding the executive powers of the State.
(vi) Article 261 lays down that:
(a) Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State.
(b) Final judgements or orders delivered or passed by civil courts in any part of the territory of India shall be capable of execution anywhere within that territory according to law.
(vii) Article 262 gives powers to Parliament to provide for the adjudication f any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley.
(viii) Under Article 263 the President may appoint Inter-State Councils in the public interest to enquire into and advice upon disputes which might have arisen between the States.
(ix) The Parliament may impose restrictions on Inter-State trade or commerce.
(x) The Officers belonging to the Indian Administrative Service or Indian Police Service are appointed to higher posts in the administrative set-up of the States.
(xi) The Judges of the High Courts are appointed by the President who also has the power to transfer them.
(xii) The President appoints the Chief Election Commissioner and other Election Commissioners under whose superintendence, direction and control the elections o the State legislatures are also held.
(xiii) The President has the power to declare the break down of the constitutional machinery in the State and place all powers of the State Government in the hands of the Union Government under Article 357, if the State fails to carry out the directions given by the Union.
(xiv) During the proclamation of emergency, the Union Government can give directions to the States as to the manner in which the States are to exercise their executive power.
(xv) In reality during the operation of national emergency, the very federal structure of the Constitution is suspended and the States come under the direct control of the Union in respect of their legislative and administrative authority.
Q. 3. Discuss briefly the financial relations between the Government of India and the Slates.
ANS:. The financial relations between the Union Government and the States are discussed in Article 268 to 281 of the Constitution of India. In a Federation, the Centre and the units are given their separate sources of revenues so that they can stand on their feet. We can see in the following paras the financial relations between the Government of India and the States:
(i) Duties levied by the Union but collected and appropriated by the States
(a) Article 268 of the Constitution lays down that the stamp duties and such duties of excise on medicinal and toilet preparations as are mentioned in the Union List shall be levied by the Government of India but shall be collected by the States.
(b) The proceeds in any financial year of any such duty leviable within any State shall not form part of the Consolidated Fund of India, but shall be assigned to that State.
(ii) Taxes levied and collected by the Union but assigned to the States
The following duties and taxes shall be levied and collected by the Government of India but shall be assigned to the States in accordance with such principles of distribution as may be formulated by Parliament by law.
(a) Duties in respect of succession to property other than agricultural land.
(b) Estate duty in respect to property other than agricultural land.
(c) Terminal taxes on goods or passengers carried by railway, sea or air.
(d) Taxes on railway fares and freights.
(e) Taxes other than stamp duties on transactions in stock exchanges and future markets.
(f) Taxes on the sale or purchase of newspapers and on advertisements published therein.
(g) Taxes on the sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-State trade or commerce.
(ii); Taxes levied and collected by the Union and distributed between the Union and the States
Article 270 says that taxes on incomes, other than agricultural incomes, shall be levied and collected by the Government of India and distributed between the Union and the States in the manner prescribed by the President after considering the recommendations of the Finance Commission.
(iii) Taxes which are levied and collected by the Union and may be distributed between the Union and Stales .
Under Article 272, Union duties of excise other than such duties of excise on medicinal and toilet preparations as are mentioned in the Union List shall be levied and collected by the Government of India, but, if Parliament by law So provides, these shall be paid out of the Consolidated Fund of India to the States in accordance with such principles of distribution as may be formulated by such law.
(v) Grants in lieu of export duty on Jute and Jute Products
Under Article 273 the States of Assam, Bihar, Orissa and West Bengal will get grant in-aid every year in lieu of assignment of share of the net proceeds of export duty on jute and jute products. This amount will be charged upon the Consolidated Fund of India. This sum will continue to be charged on the Consolidated Fund of India so long as any export duty on the jute products continues to be levied by the Government of India.
(vi) Grants from the Union to certain States
(a) Under Article 275 of the Constitution, such sums as the Parliament may by law provide shall be charged on the Consolidated Fund of India in each year as grants-in-aid to the revenues of such States as Parliament may determine to be in need of assistance and different sums may be fixed for different States.
(b) It has also been provided that these sums shall be paid out of Consolidated Fund of India as grants-in-aid to the States to meet the costs of such schemes of development as may be under-taken for the purpose of promoting the welfare of the Scheduled Tribes in the State or raising the level of administration of the Scheduled Areas therein to that of the administration of the rest of the areas of that State.
(e) The Slate of Assam will be given a special grant in-aid for raising the level of administration of tribal areas to that of the administration of the rest of the areas of that State.
Under the 89th Constitution Amendment Bill, the States will get 29% of Central taxes as per the recommendations of the 10th Finance Commission.
Q. 4. Name the important sources of Union Revenue.
Ans:. Following are the important sources of revenue of the Union:
(i) Corporation tax.
(ii) Currency, coinage and legal tender, foreign exchange.
(iii) Duties of customs including export duties.
( iv) Duties of excise on tobacoo and certain goods manufactured or produced in India.
(v) Estate duty in respect of property other than agricultural land.
(vi) fees in respect of any of the matters in the Union list, but not including any fees taken in any court.
(vii) Foreign loans.
(viii) lotteries organised by the Government of India or the Government of a State.
(ix)Post Office Savings Bank.
(x)Post and Telegraphs, Telephones, Wireless Broadcasting and other like forms of communications.
(xi) Property of the Union.
(xii) Public debt of the Union.
(xiv) Rates of stamp duty in respect of Bills of Exchange, Cheques, Promissory Notes, etc.
(xv) Reserve Bank of India.
(xvi) Taxes on income-other than agricultural income.
(xvii) Taxes on the capital value of the assets exclusive of agricultural land of individuals and companies. .
(xviii) Taxes other than stamp duties on transactions in stock exchanges and future markets.
(xix) Taxes on the sale or purchase of newspapers and on advertisements published therein. .
(xx) Terminal taxes on goods or passengers, carried by railways, sea or rail.
Q. 5. Nome the important sources of the State Revenue.
Ans. Following are the sources of revenue meant exclusively for States.
(i) Capitation tax
(ii) Duties in respect of succession to agricultural land.
(iii) Duties of exchange on certain goods produced or manufactured in the States, such as alcoholic liquids, opium, etc.
(iv)Estate duty in respect of agricultural land.
(v)Fees in respect of any of the matters in the State List, but not including fees taken in any court.
(vi) land revenue.
(vii) Rates of stamp duty in respect of documents other than those specified in the Union List.
(viii) Taxes on agricultural income.
(ix)Taxes on land and buildings.
(x) Taxes on mineral rights, subject to limitations imposed by Parliament relating to mineral development.
(xi) Taxes on the consumption or sale of electricity.
(xii) Taxes on the entry of goods into a local area for consumption, use or sale therein.
(xiii) Taxes on the sale and purchase of goods other than newspapers.
(xiv) Taxes on advertisement other than those published in newspapers.
(xv) Taxes on goods and passengers carried by road or on inland water ways.
(xvi) Taxes on vehicles.
(xvii) Taxes on animals and boats.
(xviii) Taxes on professions, traders, callings and employments.
(xix) Taxes on luxuries, including taxes on entertainments, amusements-, betting and gambling.
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