Que1.35. Comment on Centre- State Relations. Answer 1. India is a union of countries. The constitution of India has divided the legislative, executive and financial powers between the centre and the countries, which gives the constitution a civil character whereas bar is integrated in a hierarchical structure. 2. The centre- state relations are divided into three corridor, which are mentioned belowA. Legislative Relations 1. papers 245 to 255 describe Legislative relations between centre and countries. These includei. Territorial governance of laws made by the Parliament and by the Houses of States. ii. Distribution of legislative subjects. iii. Power of congress to ordain with respect to a matter in the State List. iv. Centre’s control state legislation. 2. Composition 245 empowers the centre to give directions to the countries in certain cases in felicitations to the exercise of their executive powers. 3. Composition 249 empowers the congress to ordain with respect to a matter in the State List in the public interest. 4. Under Composition 250, the congress becomes empowered to make laws on the matters related to state list when public emergency( under Composition 352) is in operation. 5. Under Composition 252, the congress is empowered to ordain for two or farther countries by theirconcurrence.B. executive Relations 1. Composition 256 to 263 deals with the administrative relations between the centre and the countries. 2. Composition 256 states that the executive power of every State shall be so exercised as to ensure compliance with the laws made by the congress and any being laws which apply in that State, and the executive power of the Union shall extend to the paying of analogous directions to a State as may appear to the Government of India to be necessary for that purpose. Cooperation between the Centre and the States The constitution lays down various vittles to secure cooperation and collaboration between the centre and the countries. These includei. Composition 261 countries that” Full faith and credit shall be given throughout the home of India to public acts, records and judicial proceedings of the Union and of every State”. ii. According to Composition 262, the congress may by law give for the adjudication of any disagreement or complaint with respect to the use, distribution or control of the waters of, or in, anyinter- State sluice or sluice dale. iii. Composition 263 empowers the President to establish aninter- State Council to interrogate into and advise upon difficulties between countries, to probe and bandy subjects in which some or all of the States, or the Union and one or further of the States, have a common interest. iv. As per Composition 307, Parliament may by law appoint analogous authority as it considers applicable for carrying out the purposes of the indigenous vittles related to theinter- state freedom of trade and commerce. Centre- State Relations during emergency i. During a public emergency( under Composition 352), the state government come inferior to the central government. All the executive functions of the state come under the control of the union government. ii. During a state emergency( under Composition 356), the president can assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or authority in the State other than the Legislature of the State. iii. During the operation of financial emergency( under Composition 360), the Union may give directions to any State to observe analogous canons of financial propriety as may be specified in the directions, and to the paying of analogous other directions as the President may suppose necessary and respectable for thepurpose.C. Financial Relations 1. Composition 268- 293 of Part XII deals with the financial relations between the centre and the countries. Allocation of trying powers The Constitution has handed the union government and the state governments with the independent sources of profit. It allocates the powers to centre and the countries in the following way i. The congress has exclusive power to levy impositions on the subjects mentioned in the Union List. ii. The state council has exclusive power to levy impositions on the subjects mentioned in the State List. iii. Both the congress and the state council are empowered to tax impositions on the subjects mentioned in the Concurrent List. iv. The congress has exclusive power to levy impositions on the matters related to the residuary subjects. duty profit distribution 1. Composition 268 states that duties are levied by the Union but are collected and appropriated by the States. 2. Service duty levied by Union and collected and appropriated by the Union and the States( Article 268A). 3. impositions levied and collected by the Union but assigned to the States( Article 269). 4. impositions levied and collected by the Union but distributed between the Union and the States( Article 270). 5. Cargo on certain duties and impositions for purposes of the Union( Article 271). 6. Under Composition 275, the congress is authorized to give grants- in- aid to any state as congress may determine to be in need of backing, and different summations may be fixed for different countries. 7. Under Composition 282, the union or a state may make any grants for any public purpose, notwithstanding that the purpose is not one with respect to which Parliament or the Legislature of the State, as the case may be, may make laws. 8. Under Composition 352, during the operation of public emergency, the distribution of earnings between the centre and the countries can be altered by the president. 9. Under Composition 360, during the financial emergency, the executive authority of the Union shall give directions to any State to observe analogous canons of financial propriety as may be specified in the directions and to the give the directions as the President may suppose necessary and respectable for the purpose. Que1.36. What is Article 368? Describe the procedure of amendments of the constitution of Indian under Composition 368. Answer 1. Composition 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure. 2. The Constitution of India provides for its correction in order to adjust itself to the changing conditions and conditions. 3. The procedure for the correction of the Constitution as laid down under Composition 368 is as follows i. An correction of the Constitution can be initiated only by the prolusion of a bill for the purpose in either House of Parliament and not in the state houses. ii. The bill can be introduced either by a minister or by a private member and does not bear former authorization of the president. iii. The bill must be passed in each House by a special maturity, that is, a maturity of the total class of the House and a maturity of two- thirds of the members of the House present and voting. iv. Each House must pass the bill singly. In case of a disagreement between the two Houses, there is no provision for holding a common sitting of the two Houses for the purpose of deliberation and passage of thebill.v.However, it must also be ratified by the houses of half of the countries by a simple maturity, If the bill seeks to amend the civil vittles of the Constitution. vi. After duly passed by both the Houses of Parliament and ratified by the state houses, where necessary, the bill is presented to the President for assent. vii. The President must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill to the Parliament for reconsideration. viii. After the President’s assent, the bill becomes an Act and the Constitution stands amended in agreement with the terms of the Act. Que1.37. What are the types of amendments by which Indian Constitution can be amended? Answer There are three ways in which the Constitution can be amendedA. Correction by simple maturity of the Parliament These vittles include 1. Admission or establishment of new countries. 2. conformation of new countries and modification of areas, boundaries or names of being countries. 3. nullification or creation of legislative councils in countries. 4. Alternate Schedule- hires, Allowances, boons and so on of the president, the governors, the Speakers, judges,etc. 5. Quorum in Parliament. 6. hires and allowances of the members of Parliament. 7. Rules of procedure in Parliament. 8. boons of the Parliament, its members and itspanels.B. Correction by special maturity of the Parliament 1. The maturity of the vittles in the Constitution need to be amended by a special maturity of the Parliament, that is, a maturity( that is, further than 50) of the total class of each House and a maturity of twothirds of the members of each House present and voting. 2. The expression’ total class’ means the total number of members comprising the House irrespective of the fact whether there are vacancies or absentees. 3. The vittles which can be amended by this way include( i) Fundamental Rights;( ii) Directive Principle of State Policy and( iii) All other vittles which are not covered by the first and third orders.
