Centre State Relations Flashcards
Legislative relations are enshrined in?
Articles 245 - 255 in Part - XI of the Constitution
Laws of Parliament are not applicable in?
President can regulate for Peace, Progress, Good Government of 4 UTs:
- Andaman and Nicobar Islands
- Lakshadweep Islands
- Dadra and Nagar & Daman and Diu
- Puducherry (Added by 14th CAA (1962))
Application to a scheduled area by Governor
Application to a tribal area by Governor of Assam and President (Meghalaya, Tripura, Mizoram)
Distribution of Legislative subjects is enshrined in?
Schedule - VII of the Constitution
Important subjects of Centre List are:
- Lotteries
- Establishment of standards of Weight and Measure
- Establishment of standards of quality of goods to be exported
- Cultivation, manufacture, and sale for export, of Opium (Depressant Drug)
- Sanctioning of cinematograph films for exhibition
- Co-ordination and determination of standards in institutions for higher education or research
- Ancient and Historical Monuments
Important subjects of State List are:
- Agriculture
- Water
- Land
- Fisheries
- Theaters
- Prisons
- Gambling
Important subjects of Concurrent List are:
- Education
- Forest
- Weights and Measures
- Protection of Wild animals and birds
- Administration of justice, constitution and organization except SC and HC
[These are shifted from SL to CL by 42nd CAA (1976)]
Others: Criminal law, Civil Procedure, Marriage and Divorce, Population Control and Family Planning, Electricity, Labour Welfare, Economic and Social Planning, Drugs, Newspapers, Books and Printing Press
About Goods and Services Tax
- Introduced by 101st CAA (2016)
- Both Centre and State can Legislate
Parliament legislates State Field in the following 5 circumstances:
-
RS passes a resolution
- Ground: National Interest
- Majority Type: Special
- Validity: 1 Year
- Extendable for 1 Year at a time
- Beyond 6 months w/o renew resolution ceases -
National Emergency
- Beyond 6 months after emergency ceases -
States make a request (2 or more states)
- Only Parliament can amend, repeal, alter
- Only applicable to requested States
- Other states can adopt by a resolution - To implement International Agreements
- President’s Rule
Administrative relations are enshrined in?
Articles - 256 to 263 in Part - XI of the Constitution
Article 263
Provides Inter-State council
Article 312
Authorizes Parliament to create new AIS (All India Services) on the basis of a RS Resolution
Chairman and Members of a State PSC (Appointment and Removal)
Appointed by Governor
Removed by President Only
Financial relations are enshrined in:
Articles - 268 to 293 in Part - XII of the Constitution
Article 268
Taxes levied by Centre but Collected and Appropriated by States
Stamp Duties
Article 269
Taxes levied and collected by Centre but assigned to States
- Taxes on sale or purchase of Goods (Other than Newspapers)
- Taxes on inter-state trade
Article 269A
Levy and collection of GST and distributed amongst
Article 270
Taxes levied and collected by Centre and distributed amongst
Exceptions:
1. Taxes collected in A268, A269, A269A
2. Surcharges of A271
3. Cess
Article 271
Surcharges on taxes and duties referred in A269 and A270
Article 275
Parliament to make grants to specific states
Article 279A
President to constitute a GST Council
- GST Council is a Constitutional Body
Article 280
President to constitute every 5th year a Finance Commission a quasi-judicial body
- Finance Commission is a Constitutional Body
Article 282
Empowers both C and S to make any grants for any public purpose even if it is not within their respective legislative competence
