| 1. |
Describe the new dimensions of centre- state relations with respect to legislative, administrative and financial relations. |
|
Answer» The legislative relations between union and state governments are mentioned as follows: (a) The union list: It contains 100 subjects like defence, External affairs, Currency and Coinage, Atomic Energy, Science and Technology, Customs on which the central government has supreme law making powers. (b) The state list: It consists of 63 subjects like Police, Health, Agriculture, Local Self Governments, Road Transport, etc. On these subjects, state governments have law making powers. (c) The concurrent list: It comprises 52 subjects like Marriage and Divorce, Civil Procedure and Criminal Laws, Preventive Detention. Trust and Trusties, Education, etc. On these subjects both the union and state can legislate. In case of disputes, the will of the union government prevails. (d) Residuary powers: Powers not mentioned in the above three lists are called residuary powers. These powers are given to the union government. Situation during emergencies : (a) National emergency: Article 353 of the India Constitution, the President is empowers to declare National emergency when threat of external aggression. It can be imposed for the protection of unity and integrity of the country. Till now 1 it had been imposed for thrice. In such circumstances, individual rights are suspended. (b) State Emergency: Article 356 of the Indian Constitution authorizes the President to declare the Presidential rale on the recommendation of the Governor during the breakdown of the constitutional machinery in that state. (c) Financial Emergency: Article 360 of the Indian Constitution empowers the President to declare financial emergency if the financial conditions of the nation are precarious. Administrative relations between Centre and State Governments : (a) President of India has the power to appoint the Governors of all the States and Union Territories. (b) President by having jurisdiction over the appointment of the Judges of Supreme Court and High Courts, Integrated Judicial System is maintained throughout the country. (c) Bills passed in State Legislatures during President’s rule are required to get the approval of the President. (d) The members of All India Services who serve both the Union and State governments are finally regulated by Union. (e) The Union government issues directions to the states regarding law and order, national unity, safety and security. (f) Parliament is empowered to appoint Inter State Commerce Commission to maintain cordial relations among the states. (g) To ensure the rapid and balanced development of the country, National Development Council is created. (h) Planning Commission advises all the states to raise the standard of living of the people. Financial relations between centre and state governments : (a) A Finance Commission has constituted to determine the distribution of financial resources between the union and states. (b) Parliament may by law establish a contingency fund to meet unforeseen expenditure. (c) Some duties are leviable by the centre, but they are to be collected and entirely appropriated by the states. (d) There are some taxes which are both levied and collected by the union but distributed among equally. (e) The Parliament determines the quantum of assistance every year to the needy states, tribal .areas, etc. (f) During President’s rule in the state, state financial propriety is managed by the union. |
|