The Centre-State Relation

Total Questions: 52

11. Who is vested with the residuary powers in Indian Constitutions? [U.P.P.C.S. (Pre) 1991]

Correct Answer: (d) Parliament
Solution:According to Article 248 of the Indian Constitution, all the residuary legislative powers have been provided to the Parliament. Although, these are often provided to States in other federal set, up as in the case of the U.S.A.

Article 248 grants residuary powers of legislation to the Parliament. This means that if a subject is not specifically listed in the Union List, State List, or Concurrent List, the Parliament has the exclusive authority to make laws regarding that subject. This ensures that the Parliament can legislate on any matter not explicitly mentioned in the existing lists, maintaining legislative flexibility and national uniformity.
By assigning residuary powers, the Constitution avoids potential legal loopholes and ensures that no subject is left without a legislative body to address it. Matters like cybersecurity laws or regulations for emerging technologies, which might not have been explicitly envisioned when the lists were created, would fall under the Parliament's residuary powers.

12. The Indian Constitution vests the residuary powers with: [U.P.P.C.S. (Pre) 1995]

Correct Answer: (a) The Union Government
Solution:The Indian Constitution gives the residuary power of legislation to the Union Government. The Indian Union reflects the example of a strong Union where the residuary powers of legislation rest with the Parliament.

Article 248 grants residuary powers of legislation to the Parliament. This means that if a subject is not specifically listed in the Union List, State List, or Concurrent List, the Parliament has the exclusive authority to make laws regarding that subject. This ensures that the Parliament can legislate on any matter not explicitly mentioned in the existing lists, maintaining legislative flexibility and national uniformity.
By assigning residuary powers, the Constitution avoids potential legal loopholes and ensures that no subject is left without a legislative body to address it. Matters like cybersecurity laws or regulations for emerging technologies, which might not have been explicitly envisioned when the lists were created, would fall under the Parliament's residuary powers.

13. Article 249 of the Indian Constitution deals with [U.P.P.C.S. (Mains) 2009]

Correct Answer: (d) Legislative Powers of the Parliament with respect to subjects in the State List
Solution:Article 249 of the Indian Constitution is related to the legislative powers of the Parliament with respect to subjects in the State List in the national interest. This Article empowers the Parliament to make laws with respect to any matter enumerated in the State List.

Article 249. Power of Parliament to legislate with respect to a matter in the State List in the national interest
(1)Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in national interest that Parliament should make laws with respect to goods and services tax provided under article 246A or any matter enumerated in the Stale List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains. in force.
(2)A resolution passed under clause (1) shall remain in force for such period not exceeding one year as may be specified therein:Provided that, if and so often as a resolution approving the continuance in force of any such resolution is passed in the manner provided in clause (1), such resolution shall continue in force for a further period of one year from the date on which under this clause it would otherwise have ceased to be in force.
(3)A law made by Parliament which Parliament would not but for the passing of are solution under clause (1) have been competent to make shall, to the extent of the in competency, cease to have effect on the expiration of a period of six months after the resolution has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period.

14. A resolution passed under clause (1) of Article 249 shall remain in force for a period not exceeding [U.P.P.C.S. (Pre) 2016]

Correct Answer: (d) One year
Solution:According to Article 249(2), a law made by the Parliament after a resolution passed under Article 249(1) by the Council of State shall remain in force for such period not exceeding one year.

Article 249. Power of Parliament to legislate with respect to a matter in the State List in the national interest
(1)Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in national interest that Parliament should make laws with respect to goods and services tax provided under article 246A or any matter enumerated in the Stale List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains. in force.
(2)A resolution passed under clause (1) shall remain in force for such period not exceeding one year as may be specified therein:Provided that, if and so often as a resolution approving the continuance in force of any such resolution is passed in the manner provided in clause (1), such resolution shall continue in force for a further period of one year from the date on which under this clause it would otherwise have ceased to be in force.
(3)A law made by Parliament which Parliament would not but for the passing of are solution under clause (1) have been competent to make shall, to the extent of the in competency, cease to have effect on the expiration of a period of six months after the resolution has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period.

15. A resolution passed by the Rajya Sabha under Article 249 of the constitution empowering Parliament to legislate on a state subject in national interest remains in force for a period. [U.P.P.C.S. (Pre) 2017]

Correct Answer: (c) Not exceeding one year
Solution:A resolution passed by the Rajya Sabha under Article 249 of the Constitution empowering Parliament to legislate on a state subject in national interest remains in force for a period not exceeding one year. [Article 249 (2)].

Article 249. Power of Parliament to legislate with respect to a matter in the State List in the national interest
(1)Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in national interest that Parliament should make laws with respect to goods and services tax provided under article 246A or any matter enumerated in the Stale List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains. in force.
(2)A resolution passed under clause (1) shall remain in force for such period not exceeding one year as may be specified therein:Provided that, if and so often as a resolution approving the continuance in force of any such resolution is passed in the manner provided in clause (1), such resolution shall continue in force for a further period of one year from the date on which under this clause it would otherwise have ceased to be in force.
(3)A law made by Parliament which Parliament would not but for the passing of are solution under clause (1) have been competent to make shall, to the extent of the in competency, cease to have effect on the expiration of a period of six months after the resolution has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period.

16. Which Article among the following says that Indian Constitution provisions about interstate relation? [U.P. Lower Sub, (Pre) 2009]

Correct Answer: (b) Article 263
Solution:Article 263 of the Indian Constitution empowers the President of India to establish an Inter-State Council to co-ordinate the relationship between the Centre and States and also among States.

The Inter-State Council, established under Article 263 of the Indian Constitution, facilitates coordination among states and between the Centre and states on issues of common interest. Although not a permanent constitutional body, it can be constituted by the President whenever it serves the public interest. Inter State Council was first set up in 1990 through a Presidential ordinance following the Sarkaria Commission's recommendations.
While it is intended to meet regularly, the Inter State Council has convened only 11 times over 26 years, with the latest meeting held in 2016 after a decade-long gap. Despite these infrequent sessions, the council remains essential for fostering dialogue, aligning policies, and strengthening Centre-state relations in India.

17. An inter-state council may be established by: [Chhattisgarh P.C.S. (Pre) 2019]

Correct Answer: (b) The President
Solution:Article 263 of the Indian Constitution empowers the President of India to establish an Inter-State Council to co-ordinate the relationship between the Centre and States and also among States.

The Inter-State Council, established under Article 263 of the Indian Constitution, facilitates coordination among states and between the Centre and states on issues of common interest. Although not a permanent constitutional body, it can be constituted by the President whenever it serves the public interest. Inter State Council was first set up in 1990 through a Presidential ordinance following the Sarkaria Commission's recommendations.
While it is intended to meet regularly, the Inter State Council has convened only 11 times over 26 years, with the latest meeting held in 2016 after a decade-long gap. Despite these infrequent sessions, the council remains essential for fostering dialogue, aligning policies, and strengthening Centre-state relations in India.

18. What is the source of Inter-State councils? [U.P.P.C.S. (Pre) 2000]

Correct Answer: (a) Constitution
Solution:Article 263 of the Indian Constitution empowers the President of India to establish an Inter-State Council to co-ordinate the relationship between the Centre and States and also among States.

The Inter-State Council, established under Article 263 of the Indian Constitution, facilitates coordination among states and between the Centre and states on issues of common interest. Although not a permanent constitutional body, it can be constituted by the President whenever it serves the public interest. Inter State Council was first set up in 1990 through a Presidential ordinance following the Sarkaria Commission's recommendations.
While it is intended to meet regularly, the Inter State Council has convened only 11 times over 26 years, with the latest meeting held in 2016 after a decade-long gap. Despite these infrequent sessions, the council remains essential for fostering dialogue, aligning policies, and strengthening Centre-state relations in India.

19. Who among the following is empowered to establish the Inter-State council? [U.P.P.C.S. (Pre) 2017]

Correct Answer: (b) President
Solution:The Inter-state council was established under Article 263 of the constitution of India through a Presidential order dated 28th May, 1990. The council consists of:
  • Prime Minister - Chairman
  • Chief Ministers of all states - Members
  • Chief Ministers of Union Territories having a Legislative Assembly and Administrators of UTs not having a Legislative Assembly - Members
  • Six ministers of Cabinet rank in the Union council of Ministers to be nominated by the Prime Ministers - Members.

20. Which of the following is/are extra-constitutional and extra-legal device(s) for securing cooperation and coordination between the States in India? [I.A.S. (Pre) 1995]

1. The National Development Council

2. The Governor's Conference

3. Zonal Councils

4. Inter-State Council

Correct Answer: (a) 1 and 2
Solution:The National Development Council and the Governor's conference are an extra-Constitutional and extra-legal institution. However, Zonal Councils are statutory bodies as they have been established under the provisions of the Parliamentary act. The provision related to inter-state Council is enumerated in Article 263 of the Indian Constitution.