TS Inter 2nd Year Political Science Study Material Chapter 5 Centre-State Relations

Telangana TSBIE TS Inter 2nd Year Political Science Study Material 5th Lesson Centre-State Relations Textbook Questions and Answers.

TS Inter 2nd Year Political Science Study Material 5th Lesson Centre-State Relations

Short Answer Questions

Question 1.
Describe the Legislative Relations between union and states.
Our constitution prescribed the legislative and administrative relations between the union and die states in a clear cut manner in Part XI, Articles 245 to 255. Both the union and state Governments formulate jaws for die peace, pleasure and progress of Indian citizens. While the Union Parliament can make laws in matters inducted in the union and concurrent list the state Legislatures were empowered to pass legislation on matters in the state list and concurrent list.

The makers of our constitution classified legislative powers of the Union and die states under three lists.

Union List:
The untonCovemmenthas exclusive powers to make laws with respect to any matter enumerated in the Union List Initially there were 97 subjects. At present there are 98 items in this list. Some of them are defence, citizenship, foreign affairs, railway, post and telegraphs telephones, currency coinage, banking, insurance, atomic energy and mineral, resources, income, tax, customs, taxes on stock exchange transactions etc.

State List:
There are 59 subjects in the state list of them, the more important are : police, local governments; public health, sanitation^ hospitals and dispensaries, land revenue, agriculture, state public services etc.

Concurrent List:
The union Parliament as well as the state legislatures have the power to make legislation dri the subjects listed in the concurrent list The main subjects Included in this list are criminal fdw, marriagaand divorce, transfer of property other than agriculture land, contracts, bankruptcy and insolvency, forests, education, iabouf welfare, trade union, stamp duties etc. Atpresentthereare

The peculiarity of this list is that both the union and the state legislatures can make legation OYef jtfe« items of this list- in an incident of conflict between the union parliament and state legislature on a par^arjim of this (ist, the jaw enacted by the Union Partiament prevails over that of the State legislature.

Residuary Items:
Accordingto 248 Article of Indian Constitution residuary powers are vested in Union Government. The Parliament has power to make legislation on residuary items. These Items are not mentioned in the above three lists.

Question 2.
Point out the administrative relations between Union and states.
Articles 2S6 and 263 deal with the administrative relationship between the centre and the states. In normal conditions, the administrative authority of the states applies to all the subjects included in the state list. Under certain circumstances, the Central Government exercises control over the administrative affairs of the state. The following points show the administrative relations between the centre and the states.

  1. The state Governments shall exercise their executive authority without impeding the Union Governments executive power.
  2. The executive powers of every state should be exercised in such a way as to comply with the laws made by Parliament The Central Government is empowered to give such directions whenever necessary.
  3. The Union Government may also give directions to the states for the maintenance and construction of means of communication declared to be of national or military importance.
  4. The Union Government is empowered to give directions to the states regarding the steps to be taken for tire protection of railways in the state.
  5. The Union Government is also empowered to construct and maintain means of communication and information required for Army, Navy and Air Force.
  6. The Governors of the states are appointed and removed by the President on the advice of the union cabinet. They are supposed to act as the representatives of the Union Government in the exercise of their functions.
  7. The Union Government has the duty to protect every state from external aggression and internal disturbances.
  8. The Union Government by constituting an Inter-state Council can settle the disputes between the states etc.

TS Inter 2nd Year Political Science Study Material Chapter 5 Centre-State Relations

Question 3.
Mention the Financial relations between Union and States.
Our constitution has clearly provided for the ways to impose, collect and distribute tax proceeds between Union and the states in order to avoid disputes between them in financial matters. These matters are indicated in Articles from 264 to 30oA of part XII of our constitution.

1. Taxes and Duties levied by the centre :
Certain revenue items are exclusively assigned to the Central Government These indude customs and export duties. Income tax, excise duty on tobacco, jute etc., corporate tax, taxes on the capital value of the assets, estate duty with respect to property other than agricultural land, railways, post and telegraphs, telephone, wireless sets, foreign exchange, coinage etc.

2. Taxes and Duties levied and used by the states :
Certain items of revenue fall under the exclusive jurisdiction of the states. There are land revenue, stamp duty except on documents included in the Union list, succession duty, estate duty, income tax on agricultural land, taxes on transport vehicles; taxes on advertisement; taxes on consumption of electricity etc.

3. Taxes levied by the union but collected and appropriated by the states :
Revenue from certain items is levied by the union, but collected and appropriated by the states. These include stamp duties, excise duty on medicinal and toilet materials; opium, stamp duties on bills of exchange, cheques, promissory notes, bills of lending, transfer of shares etc.

4. Taxes levied and collected by the union but assigned to the states :
These includes taxes on railway freight and fares; terminal taxes on goods or passengers carried by rail, sea or air; estate duty with respect to prosperity other than agricultural land.

5. Taxes levied and collected by the union and distributed among the union and the states. These are certain items o which taxes are levied and collected by the union. But they are given to the states. Such items.are tax on income other than agriculture, medicinal, and toilet preparations and soon.

6. Union Grants in-aid to the states :
The constitution makes special provisions for giving grants-in-aid to sphemes for prompting the welfare of Scheduled Tribes and Backward classes. The states of Assam, Bihar, Odissa and West Bengal receive grants in aid in lieve of export duty on jute and jute products.

7. Union’s power to borrow and raise loans :
The Union Government can borrow money on the security of the consolidated fund of India. States can borrow finances within the territory of India on the security of their consolidated funds.

During the proclamation of financial emergency the president can suspend the provisions relating to the division of revenue between the union and states and grants-in-aid to the states.

Question 4.
Examine the recommendations of the Sarkaria Commission.
The Union Government set up a high level commission headed by Justice Ranjit Singh Sarkaria on June 9, 1983. The Sarkaria Commission was asked to examine and review the working of the existing arrangements between the union and the states with regard to powers, functions, and responsibility in all spheres and recommend necessary changes.

The commission prepared a report and submitted it to the union Government on October 27, 1987. The union Government, initiated measures on 179 recommendations out of 247 recommendations of the commission.’

Recommendations :
Some of the main recommendations of the Sarkaria Commission are explained as below’.
1. Strong Centre :
The commission favoured the retention of powers for a strong centre. It firmly rejected the1 demand for certaining the powers of the Centre in the larger interests of national unity and integrity.

2. Consultations :
The commission rejected the demand for the transfer of certain state subjects to the concurrent list. However, it has recommended that the union should invariable consult the states in all matters of enactments on concurrent list.

3. Co-operative Federalism:
The commission favoured greater co-operation between the centre and the states in the matter of formulation and implementation of plans.

4. Appointment of Governors :
The commission rejected the demand for the abolition of the office of the Governor. It opposed the idea of appointing active politicians as Governors. Instead, it suggested appointment of non-political, non-controversial and eminent persons as Governors, preferably from minority sections. Further, it suggested that the Governor on retirement should not be permitted to hold any office of profit.

5. Appointment of Chief Minister:
The commission suggested that the leader of the majority party in the state Legislative Assembly should be appointed as he Chief Minister. If no single party enjoys a clear-cut majority in the Assembly, the person who can Command majority in the Assembly should be appointed as chief minister by the governor.

6. Presidents Rule :
The Commission suggested that President’s Rule should be imposed on rare occasions only as a last resort.

7. Three-language formula :
The commission favoured the implementation of three-language formula throughout the country.

8. Allocation of Finances :
The commission did not agree with the demand for major changes in the scheme of distribution of financial resources as provided by the constitution. It agreed that more funds should be allotted to the state Governments.

9. Retention of All India Services :
The commission rejected the demand for disbanding All India Services on the ground that they would greatly undermine the unity and integrity of the country. On the contrary, it recommended a wide extension of these services.

10. Autonomy of Mass Media :
The Commission favoured relaxation of Union’s control over Radio & TV. It favoured greater decentralization of authority in routine matters. It suggested broadcast and telecast of national programs in regional languages for preserving India’s composite culture.

TS Inter 2nd Year Political Science Study Material Chapter 5 Centre-State Relations

Question 5.
Explain the main Recommendations of M.M. Punchhi Commission.
The Second Commission on Centre-State Relations under the chairmanship of Justice Madan Mohan Punchhi was set up by UPA Government in 2007. The Commission submitted its report to the Government of India on 31st March 2010. The commission opined that “co-operative Federalism and integrity as well as for social and economic development” in future. The main recommendations of the commission are as follows.

1. Appointment of Governors :
While appointing the Governors, the Central Government should adopt strict guidelines as recommended in the Sarkaria Commission report. He should be an eminent person and also from outside of the state. He should not be an active politician. Governor should be given a fixed tenure of five years.

2. President’s Rule:
It sought to protect the interests of the states by trying to curb their misuse of provisions relating to presidents rule by the center. It recommended that the centre localize the emergency provisions under article 356 to only the specific troubled areas.

3. Appointment of Chief Ministers :
The commission suggested that the leader of the majority party in the state Legislative Assembly be appointed as the Chief Minister. In the case of hung Assembly, it is necessary to lay down certain clear guidelines to be followed as constitutional conventions.

4. All India Services :
The commission recommended that proper integration of All India Services with in the three tiers of government in necessary as the officers of these services can play a lead role.

5. Fiscal Relations :
The commission emphasized the importance of strengthening the fiscal transfers through finance commission to the states and also higher transfers to backward states to enable them to improve their fiscal positions.

6. Cooperative Federalism :
The commission favoured greater co-operative between the centre and the states in the matter of development and welfare of the people. Greater co-ordination and co-operation needed for implementation of plans effectively.

7. Inter-State Council:
The commission suggested that suitable amendments were required to make inter-state council a credible and fair mechanism for effective management of inter-state and centre state relations.

8. Constitutional Governance :
The commission recommended consultation with states while legislating on matters in concurrent list on which the union and states both can legislate. It is pointed out the necessity of some broad agreement is reached between the union and states before introducing bills in Parliament on matters in the concurrent list.

9. Local self Governments and decentralized Governance :
To assess the progress and devolution of powers the commission suggested that another commission be constituted to report on the status of local Government and Devolution of powers.

10. Socio-Economic Development and Local Governance :
It suggested that Civil society involvement in public polity and administration is the best strategy for good Governance and that social audit of the major policy initiatives of government at periodic intervals be made mandatory.

Very Short Answer Questions

Question 1.
What are the two elements that determine the union-state legislative relations?
The Legislative sphere between the union and the states are determined on the basis of two Jurisdictions.

1) Territorial Jurisdiction

2) Subject-wise Jurisdiction. As regards the territorial jurisdiction our constitution clearly specifies the geographical boundaries of Legislation between the union and state governments. It enables every state legislature to formulate laws applicable to the while area of state or part there of. As regards the subject-wise Jurisdiction, our constitution has retained the three fold distribution of legislative powers. The three Legislative lists enumerated in the constitution relate to

  1. Union list
  2. state list
  3. The concurrent list.

TS Inter 2nd Year Political Science Study Material Chapter 5 Centre-State Relations

Question 2.
How are the Legislative matters divided between the union and the states?
The constitution of India provides three lists in order to distribute the Legislative powers between the centre and the states. The three lists are

  1. union list
  2. state list
  3. concurrent list.

Question 3.
Write a note on the union list.
The union list consists of 97 subjects. The union Parliament is empowered to make laws over the subjects included in the list. The subjects included in the list are of National Importance.
Example : Defence, Foreign Affairs, Railway, Banking, Currency and coinage, posts and telegraph, Insurance etc.

Question 4.
Write about the composition of Finance Commission.
Articles 280 and 281 deal with the composition powers and functions of the Finance Commission for every 5 years. It consists of a chairman and four other members.’The chairman as well as the members are appointed by the president.

Question 5.
Write a brief note on the SarkariaCommission.
In view of the growing demand from the various States, for the review of the centre-state relations then the Prime Minister Mrs. Indira Gandhi appointed a commission on 24rh March 1983 under the chairmanship of Ranjit singh Sarkaria, a retired Judge of Supreme Court. The commission consisted of R.S. Sarkaria (chairman), B. Siva Raman and S. Sen as its members. Mr. Subrahmanyam was its secretary.

This commission submitted its final report to the Prime Minister Mr. Rajiv Gandhi on 27th October, 1987.

Question 6.
NITI Aayog.
The NITI Aayog (The National Institution of Transforming India Aayog) came into force on January 1, 2015. It has strengthened the centre. State relations by ensuring partnership of states in the vision of National Development priorities of fostering co-operative federalism, so that the state could become stronger and build a Nation.

The main objectives of NITI Aayog are :

  1. Elimination of poverty
  2. Redressal of inequality
  3. Integrate villages, institutionally development process ; and
  4. Safeguarding environmental and ecological areas.

The Prime Minister of India is the Chairperson of the NITI Aayog. It has a governing council comprising the Chief Minister of all the states and Lt. Governor of Union Territories. It has some Regional councils also.

With the establishment of the NITI Aayog the earlier Planning commission was abolished. It may be said that the NITI Aayog is the Institution which needs demands of the present globalization.

Question 7.
Concurrent List.
This list contains 52 subject Both the Union Parliament and the state legislature can make laws on these subjects. However, incase 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, ManrSage and Divorce, Population control, Forests etc., are included in the concurrent list.

TS Inter 2nd Year Political Science Study Material Chapter 5 Centre-State Relations

Question 8.
Inter-state council.
The commission suggested that suitable amendments were required to make the interstate council a credible and fair mechanism for the effective management of inter-state and center-state relations.

Question 9.
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 powers of the Parliament to impose taxes on the services sector of the Economy.

Leave a Comment