The Centre-State Relations Archives

1. Which one of the following Articles of the Constitution of India provi

Which one of the following Articles of the Constitution of India provides that the Governor of a State may, with the consent of the Government of India, entrust any State functions to that Government or its officers ?

Article 172A

Article 184A

Article 258A

Article 281A

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UPSC SO-Steno – 2018

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Article 258A of the Constitution of India provides that the Governor of a State may, with the consent of the Government of India, entrust functions to that Government or its officers.

Article 258A allows a State, through its Governor and with the Union’s consent, to delegate its executive functions to the Union government or its functionaries. This is the inverse provision of Article 258, which allows the President to entrust Union functions to a State government or its officers.

Article 258A was inserted by the Constitution (Seventh Amendment) Act, 1956. This amendment aimed at improving the administrative relations between the Union and the States by providing flexibility in the delegation of executive functions.

2. Consider the following statements : 1. The Constitution of India emp

Consider the following statements :

1. The Constitution of India empowers the Union to entrust its executive function to a State, by its consent.
2. A State cannot entrust its executive function to the Union.

Which of the above statements is/are not correct ?

1 only

2 only

Both 1 and 2

Neither 1 nor 2

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UPSC SO-Steno – 2017

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The correct answer is B. The question asks which statement/s is/are *not* correct. Statement 2 is not correct.

Statement 1 is correct. Article 258(1) of the Constitution allows the President of India, with the consent of the State Government, to entrust any function to that Government or its officers in relation to any matter to which the executive power of the Union extends.
Statement 2 is incorrect. Article 258A (inserted by the 7th Constitutional Amendment Act, 1956) allows the Governor of a State, with the consent of the Government of India, to entrust any function to that Government or its officers in relation to any matter to which the executive power of the State extends. Thus, a State *can* entrust its executive function to the Union.

These provisions highlight the cooperative federalism envisaged by the Indian Constitution, allowing for mutual entrustment of executive functions between the Union and the States for administrative convenience and efficiency, subject to mutual consent.

3. Consider the following statements: 1. The Parliament is competent t

Consider the following statements:

1. The Parliament is competent to make laws on matters enumerated in the Union list and similarly, the State Legislatures are competent to make laws on matters enumerated in the State list.
2. The Parliament alone has the power to make laws on matters not included in the State list or Concurrent list.

Which of the above statements is/are correct ?

1 only

2 only

Both 1 and 2

Neither 1 nor 2

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UPSC Combined Section Officer – 2021-22

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The correct answer is C, as both statements are correct.

Statement 1 reflects the division of legislative powers between the Union and the States as laid down in the Seventh Schedule of the Constitution of India. The Union List contains subjects on which Parliament has exclusive power to make laws, and the State List contains subjects on which State Legislatures have exclusive power. Statement 2 deals with residuary powers. Article 248 of the Constitution and Entry 97 of the Union List grant Parliament exclusive power to make laws with respect to any matter not enumerated in the Concurrent List or the State List.

The Concurrent List contains subjects on which both Parliament and State Legislatures can make laws, with Union law prevailing in case of conflict. The distribution of legislative powers is a key feature of India’s federal structure, although the Union Parliament holds significant residuary powers, leaning towards a quasi-federal system with a strong center.

4. Parliament cannot make law on which one of the following subjects, exc

Parliament cannot make law on which one of the following subjects, except for a Union Territory ?

Insurance

Railways

Banking

Fisheries

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UPSC Combined Section Officer – 2021-22

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The correct answer is D) Fisheries.

The legislative powers are divided between the Union and States according to the Seventh Schedule. Subjects in the Union List are exclusively for Parliament, subjects in the State List are primarily for State Legislatures, and subjects in the Concurrent List are for both. Fisheries is listed in the State List (Entry 21). Insurance (Entry 47), Railways (Entry 22), and Banking (Entry 45) are listed in the Union List. Parliament has exclusive power to legislate on Union List subjects throughout India. State Legislatures have exclusive power to legislate on State List subjects within their state. However, under Article 246(4), Parliament has the power to make laws with respect to any matter for any part of the territory of India not included in a State (i.e., Union Territories), even if that matter is enumerated in the State List. Therefore, Parliament ordinarily cannot make laws on Fisheries for a State, but it can make laws on Fisheries for a Union Territory.

Parliament can legislate on State List subjects for states under certain exceptional circumstances too, such as when the Rajya Sabha passes a resolution (Article 249), during a National Emergency (Article 250), when states consent (Article 252), to implement international treaties (Article 253), or during President’s rule (Article 356). However, the question refers to the normal power “except for a Union Territory”, highlighting a subject ordinarily restricted to states but fully under Parliament’s power for UTs.

5. The distribution of powers between the Union and States in the Constit

The distribution of powers between the Union and States in the Constitution of India is based on the recommendations of which one of the following Commissions ?

Justice Verma Commission

Rajamannar Commission

Fazal Ali Commission

Venkatachaliah Commission

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UPSC Combined Section Officer – 2021-22

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The correct answer is B) Rajamannar Commission.

The Rajamannar Commission was appointed by the Government of Tamil Nadu in 1969 to examine the Centre-State relations in India and suggest changes. The Commission made extensive recommendations regarding the distribution of powers, advocating for increased autonomy for the states. While the original distribution of powers in the Indian Constitution is largely based on the Government of India Act, 1935, among the options provided, the Rajamannar Commission is the one most prominently associated with studying and recommending changes to the distribution of powers between the Union and the States.

The Fazal Ali Commission was the States Reorganisation Commission (1953), which dealt with the reorganisation of states based on linguistic lines. The Justice Verma Commission dealt with criminal law amendments. The Venkatachaliah Commission was the National Commission to Review the Working of the Constitution (2000), which also reviewed Centre-State relations among other aspects.

6. In India, the power to levy and collect taxes is divided between the C

In India, the power to levy and collect taxes is divided between the Central and State Governments. This division is provided under which one of the following Articles of the Constitution of India ?

Article 246

Article 268

Article 270

Article 275

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UPSC Combined Section Officer – 2021-22

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The correct answer is A) Article 246.

Article 246 of the Constitution of India distributes the legislative powers between the Union and the States by allocating subjects into three lists: the Union List, the State List, and the Concurrent List, found in the Seventh Schedule. This division includes the power to levy taxes, with specific entries for taxation under each list. Parliament has exclusive power to legislate on matters in the Union List, including taxes mentioned therein. State Legislatures have exclusive power to legislate on matters in the State List, including taxes mentioned therein. The Concurrent List contains subjects on which both can legislate, but there are no entries for taxes in the Concurrent List; taxing power is exclusively divided between the Union and State Lists.

Article 268 deals with duties levied by the Union but collected and appropriated by the States. Article 270 deals with taxes levied and collected by the Union but distributed between the Union and the States. Article 275 deals with grants from the Union to certain States. While these articles relate to the distribution of tax *revenues*, Article 246, read with the Seventh Schedule, defines the fundamental *division of legislative power* to levy and collect taxes based on subject matter.

7. With regard to Goods and Services Tax in the course of inter-State tra

With regard to Goods and Services Tax in the course of inter-State trade or commerce, which one of the following statements is not correct?

It is levied by the Union.

It is levied and collected by the Union.

It is not apportioned between the Union and States.

Goods imported are treated to be supply of goods in the course of inter-State trade.

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UPSC Combined Section Officer – 2019-20

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The incorrect statement is C) It is not apportioned between the Union and States.

Article 269A of the Constitution deals with Goods and Services tax on supplies in the course of inter-State trade or commerce. It clearly states that GST on inter-state supplies shall be levied and collected by the Government of India, but the tax *shall be apportioned* between the Union and the States in the manner provided by Parliament by law on the recommendations of the Goods and Services Tax Council. Statements A and B are correct as per Article 269A. Statement D is also correct; under the IGST Act, goods imported into India are deemed to be inter-state supplies and are subject to IGST.

The Integrated Goods and Services Tax (IGST) is levied on inter-State supplies of goods and services and also on imports and exports. The revenue collected from IGST is shared between the Centre and the States based on the recommendations of the GST Council, as per the formula prescribed by Parliament. This sharing mechanism ensures that the destination state receives a share of the tax.

8. The provisions for setting up Inter-State Councils are mentioned in Ar

The provisions for setting up Inter-State Councils are mentioned in Article 263 of the Constitution of India. Which among the following is not the correct composition of member States in case of Eastern Zonal Council?

Bihar

Jharkhand

West Bengal

Chhattisgarh

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The correct answer is D) Chhattisgarh. Chhattisgarh is not a member of the Eastern Zonal Council.

Zonal Councils are statutory bodies established by the States Reorganisation Act, 1956. There are five Zonal Councils: Northern, Central, Eastern, Western, and Southern. The Eastern Zonal Council comprises the states of Bihar, Jharkhand, Odisha, and West Bengal. Chhattisgarh is part of the Central Zonal Council, along with Uttar Pradesh, Uttarakhand, and Madhya Pradesh. Therefore, Chhattisgarh is not a member of the Eastern Zonal Council.

The Zonal Councils aim to promote inter-state cooperation and coordination. The Union Home Minister is the common chairman of all five Zonal Councils. Each Chief Minister of the member states serves as the Vice-Chairman by rotation for one year. Each state is represented by the Chief Minister and two other ministers, and the administrator in case of Union Territories.

9. Which one of the following statements is not correct?

Which one of the following statements is not correct?

The Union Executive can exercise power on any subject included in the Union List of Seventh Schedule of the Constitution of India.

The Union Executive can exercise jurisdiction conferred on the Government of India by any international treaty.

The Union Executive can exercise power for any State on any subject included in the Concurrent List of Seventh Schedule of the Constitution of India.

The Union Executive can issue directions to the States for ensuring compliance with any law passed by the Parliament.

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UPSC Combined Section Officer – 2019-20

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Statement C is not correct because the executive power on subjects in the Concurrent List primarily rests with the States. The Union Executive can exercise executive power on Concurrent List subjects only if the Constitution or a law made by Parliament expressly provides for it. It cannot generally exercise power for any State on Concurrent List subjects. Statements A, B, and D correctly describe powers of the Union Executive.

Article 73 of the Constitution outlines the extent of the executive power of the Union. It extends to matters on the Union List and to the exercise of rights under treaties. Article 256 allows the Union to give directions to States for compliance with Union laws. For the Concurrent List, while Parliament has legislative power, the executive power usually remains with the States, unless specifically assigned to the Union.

The distribution of executive power mirrors the distribution of legislative power for the Union and State lists. For the Concurrent List, executive power generally lies with the states, ensuring the federal structure is maintained even when the centre legislates on these subjects. Specific laws on the Concurrent List may confer executive functions on the Union government or its officers.

10. Which of the following States are involved in paying/receiving a fixed

Which of the following States are involved in paying/receiving a fixed amount of money to/from Travancore Devaswom Fund under the Constitution of India?

Tamil Nadu and Kerala

Andhra Pradesh and Karnataka

Kerala and Andhra Pradesh

Tamil Nadu and Karnataka

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UPSC Combined Section Officer – 2019-20

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The correct option is A) Tamil Nadu and Kerala.

Article 290A of the Constitution of India contains provisions for annual payment to certain Devaswom Funds. It specifically mentions that a sum shall be paid out of the Consolidated Fund of the State of Kerala every year to the Travancore Devaswom Fund. It also mentions a payment out of the Consolidated Fund of the State of Tamil Nadu every year to the Devaswom Fund established in the State of Tamil Nadu, which originates from sums formerly payable out of the revenue of the State of Travancore-Cochin. These payments are constitutional obligations arising from the reorganization of states, particularly the partition of the former Travancore-Cochin state.

The Travancore Devaswom Fund manages temples that were historically under the Travancore royal family. Following the integration of Travancore and Cochin and subsequent state reorganization, the administration and funding of these temples and related funds became subject to specific constitutional arrangements. While Kerala directly pays into the Travancore Devaswom Fund, Tamil Nadu’s payment, though directed to a fund in Tamil Nadu, is explicitly linked by Article 290A to the historical revenues of Travancore-Cochin and is for temples in areas that were part of Travancore-Cochin (like Kanyakumari district). Thus, both states are involved in the constitutional provision concerning these Devaswom funds originating from the former state.