Federal structure- Union and states Flashcards

1
Q

J&K Reservation Bill?

A
  1. Bill partially amends a Presidential Order of 1954 in order to amend the state’s Reservation Act.
  2. aims to extend the reservation in appointments and promotions for state government posts to socially and educationally backward classes.
  3. The bill paves the way for people living near the International Border in J&K to get the benefit of reservation in jobs, promotion and educational institutions on par with those living along the Line of Actual Control (LoAC).
  4. The compulsory seven-year service for those appointed on the basis of residence near the LoAC will also be applicable to people near the International Border.
  5. Socially and educationally backward people with annual incomes above three lakh rupees cannot apply for reservations. However, this limit does not apply to people living near the LoAC and the new bill includes people residing near the International Border in this exemption.
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2
Q

Legalities of J&K reorganisation?

A
  • Main players:
  1. Presidential order Consti Order 272: to supersede the 1954 order related to Article 370; seeks to abrogate Art 370
  2. Art 370 (1)(d): constitutional provisions could be applied to the state of J&K from time to time, as modified by the President through a Presidential Order, and upon the concurrence of the state government
  3. Art 370 (3) : authorised the President to pass an order removing or modifying parts of Article 370 provided pre-recommendation of Constituent Assembly of J&K
  4. Art 367: provides various guidelines about how the Constitution may be interpreted
  5. Art 370 (1)(c): “notwithstanding anything contained in this Constitution, the provisions of Article 1 and this Article shall apply in relation to that State” which effectively makes clear that the power of the President to amend provisions of the Constitution in relation to Jammu and Kashmir does not extend to Article 1 and Art 370 itself
  • What happened?
  1. Using 370 (1) (d), GoI added an additional clause to Art 370, when applying to J&K, that said that ‘CA in clause 2 shall mean Legislative Assembly of the state’
  2. And since J&K is under Prez’s rule, SL’s powers are with Parliament.
  3. The statutory resolution was passed that advised Prez to abrogate all of Art 370 bar Art 370 (1)(d)
  4. Scrapping of Presidential Order of 1954 also means that the provision of Art 3, that reqd consent of SL of J&K fr altering the area or boundary, stands null and void
  5. removal of the 1954 Order further also negates a clause which was added to Article 352 that sought SG’s concurrence for proclaiming Emergency on grounds of “internal disturbance or imminent danger thereof”
  • Issues:
  1. Art 370 (1)(c) restricts Prez’s powers to amend Art 370 itself; SC has held on multiple occasions, you cannot do indirectly what you cannot do directly.
  2. In art 370(1)(d), consent of SG is reqd; but in present circumstances, it means CG taking its own consent to amend the Constitution
  3. President’s Rule is meant to be a stand-in until the elected government is restored. Consequently, decisions of a permanent character taken without the elected legislative assembly, but by the Governor, are inherently problematic
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3
Q

Police and Public order after the abrogation of Art 370?

A

now, in J&K UT, it rests with CG

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4
Q

“15th FC recommendations fail in the recognition of the third tier”: intro?

A

This Commission is the fifth after the incorporation of Part IX and Part IX-A to the Constitution which mandate the Union Finance Commission to supplement the resources of panchayats and municipalities on the basis of the recommendations of the State Finance Commission (another institution created by the Amendments).

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5
Q

“15th FC recommendations fail in the recognition of the third tier”: positive aspects?

A
  • vertical devolution recommended to local governments is raised remarkably high.
  • From a measly share of 0.78% of the divisible pool with an absolute sum of ₹10,000 crore by the Eleventh Commission, the Fifteenth Finance Commission raised it to 4.23% with a reasonably estimated amount of ₹4,36,361 crore.
  • Compared with the Fourteenth Finance Commission there is a 52% increase in the vertical share.
  • Even if we deduct the grant of ₹70,051 crore earmarked for improving primary health centres, the share is still an all-time high of 4.19%.
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6
Q

“15th FC recommendations fail in the recognition of the third tier”: issues?

A
  • All the Commissions since the 11th FC have tied specific items of expenditure to local grants and the 15th FC has raised this share to 60% and linked them to drinking water, RW harvesting, sanitation etc.
  • It reduced the performance-based grant to just ₹8,000 crore — and that too for building new cities, leaving out PRIs altogether
    • performance-linked grants thoughtfully introduced by the Thirteenth Finance Commission earmarked 35% of local grants specifying six conditions for panchayats and nine for urban local governments and covered a wide range of reforms eg. establishment of an independent ombudsman
  • An important recommendation of the 15th FC is the entry-level criterion to avail the union local grant (except health grant) by local govt. For panchayats, the condition is online submission of annual accounts for the previous year and audited accounts for the year before. Gram panchayats (incl the affluent and semi-urban categories) are left out from this.
  • Although the 15th FC outlines nine guiding principles as the basis of its recommendation to local governments, there is no integrated approach. It is forgotten that public finance is an integrated whole.
  • 15th FC employed population (2011 Census) with 90% and area 10% weightage the same criteria followed by 14th FC. While this ensures continuity, equity and efficiency criteria are sidelined.
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7
Q

Government of NCT of Delhi (Amendment) Act, 2021: provisions?

A
  1. term “government” referred to in any law made by will imply LG
  2. allows LA make Rules to regulate the procedure and conduct of business in the Assembly, but consistent wiht rules of procedure of LS
  3. prohibits LA to enquire into matters of day-to-day admin of NCT or into any administrative decision
  4. requires the LG to reserve certain Bills passed by LA for consideration of Prez
    1. which may diminish powers of Delhi HC
    2. Prez may direct to be reserved
    3. dealing with salaries of Spkr, Dy spkr, ministers amd MLAs
    4. official lang of assembly or NCT
    5. any other bill that concerns matter outside the purview of powers of LA
  5. seeks to ensure that the LG is “necessarily granted an opportunity” to give her/his opinion before any decision taken by the Council of Ministers (or the Delhi Cabinet) is implemented.
    • after SC’s 2018 verdict, the elected government had stopped sending files on executive matters to the LG before the implementation of any decision.
    • But the amendment, if cleared, will force the elected government to take LG’s advice before taking any action on any cabinet decision.
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8
Q

formation of NCT?

A

Delhi’s current status as a Union Territory with a Legislative Assembly is an outcome of the 69th Amendment Act through which Articles 239AA and 239BB were introduced in the Constitution.

The Government of National Capital Territory of Delhi (GNCTD) Act was passed simultaneously to supplement the constitutional provisions relating to the Assembly and the Council of Ministers in the national capital.

For all practical purposes, the GNCTD Act outlines the powers of the Assembly, the discretionary powers enjoyed by the LG, and the duties of the Chief Minister with respect to the need to furnish information to the LG.

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9
Q

LG vs elected govt in NCT: court’s opinions?

A
  1. In its 2018 verdict, the five-judge Bench had held that the LG’s concurrence is not required on issues other than police, public order and land.
    • It had added that decisions of the Council of Ministers will, however, have to be communicated to the LG.
  2. Art 239 had to be read in the “spirit of citizenry participation in the governance of a democratic polity that is republican in character”
  3. The LG was bound by the aid and advice of the CoM. LG had no independent decision makin power
  4. court also said that the status of the LG of Delhi is not that of a Governor of a State, rather he remains an Administrator, in a limited sense, working with the designation of Lieutenant Governor”.
  5. It had also pointed out that the elected government must keep in mind that Delhi is not a state.
  6. while any matter of dispute can be sent to Prez, it doesn’t mean every matter shud be. even in case of difference of opinion with the CoM, the LG would have to meet “the standards of constitutional trust and morality, the principle of collaborative federalism and constitutional balance [and] respect for a representative government
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10
Q

15th FC: intro?

A
  1. chaired by NK Singh
  2. submitted two reports:
    1. first report fr recommendations for 2020-21
    2. final report with recommendations for the 2021-26 period: to be submitted in Oct 2020
  3. ToR: shift to 2011 pop
  4. Main points:
    1. main recommendations fr devolution
    2. Grants-in-aid
    3. local bodies related
    4. disaster risk management
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11
Q

15th FC Provisional report 2020-21: main recommendation wrt devolution?

A
  • Vertical: reduced states’ share to 41% frm 42% by 14th FC coz of J&K reorganisation
  • Horizontal: criterias:
  1. Need-based criteria
    1. Population: used only the Population of 2011- weightage 15%
      • 14th FC had introduced 2011 pop criteria: 17.5% (1971 pop) and 10% (2011 pop)
    2. area: same as 14th FC: weightage 15%
    3. forest and ecology: weightage 10%
      • arrived at by calculating the share of dense forest of each state in the aggregate dense forest of all the states.
      • changed the criteria of ‘forest cover’ in 14th FC with weightage 7.5%; this criteria was introduced by 14th FC
  2. Equity based criteria:
    • income distance: reduced the weightage frm 50% (14th FC) to 45% (15th FC)
      • Income distance is the distance of the state’s income from the state with the highest income.
      • The income of a state has been computed as average per capita GSDP during the three-year period between 2015-16 and 2017-18
      • was 62.5% in 11th FC, 50% in 12th FC and NOT there in 13th
      • 13th FC instead used Fiscal capacity Index (47.5%)
  3. Performance-based criteria:
    1. Demographic Performance: 12.5% weightage
      • This criterion of demographic performance is computed by using the reciprocal of TFR of each State, scaled by the population data of Census 1971
      • introduced by 15th FC
    2. Tax Effort: 2.5% weightage
      • computed by taking the ratio of the average of per capita own tax revenue of a State over three years and its per capita GSDP and scaling this ratio by the population of the State.
      • re-introduced by 15th FC; was also used by 11th and 12th FC
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12
Q

15th FC Provisional report 2020-21:: Grants in Aid?

A

proposed a framework for sector-specific and performance-based grants.

  1. Revenue deficit grants: fr 14 states (expected to have RD of >74000cr in 2020-21 post devolution)
  2. Special grants: to 3 states, KN, MZ and Telangana
  3. Sector specific grants:
    1. nutrition
    2. health
    3. pre-primary education
    4. judiciary
    5. rural connectivity
    6. railways
    7. police training
    8. housing
  4. performance based grants:
    1. implementation of agricultural reforms
    2. development of aspirational districts and blocks
    3. power sector reforms
    4. enhancing trade including exports
    5. incentives for education, and
    6. promotion of domestic and international tourism
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13
Q

15th FC Provisional report 2020-21:: grants to local bodies?

A
  1. total grants to LBs fr 2020-21 90000cr of which 67% fr rural and 33% fr urban
  2. This allocation is 4.31% of the divisible pool. This is an increase over the grants for local bodies in 2019-20, which amounted to 3.54% of the divisible pool (87000cr)
  3. grants will be divided between states based on population and area in the ratio 90:10.
  4. The grants will be made available to all three tiers of Panchayat- village, block, and district.
  5. Some significant changes made by XV-FC compared to previous Finance Commissions:
    1. To recommend grants to all tiers of the Panchayati Raj
    2. To give grants to the Fifth and Sixth Schedule areas and Cantonment Boards.
    3. To provide for tied grants in the critical sectors of sanitation and drinking water to ensure additional funds to the local bodies over and above the funds allocated for these purposes under Swachh Bharat and Jal Jeevan missions
    4. fifty Million-Plus cities in the country need differentiated treatment, with special emphasis on meeting the challenges of bad ambient air quality, groundwater depletion and sanitation.
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14
Q

15th FC Provisional report 2020-21:: disaster Risk management?

A
  1. Commission recommended setting up National and State Disaster Management Funds (NDMF and SDMF) for the promotion of local-level mitigation activities.
  2. recommended the creation of funds for disaster mitigation along with disaster response, which will now together be called as National Disaster Risk Management Fund (NDRMF) and State Disaster Risk Management Funds (SDRMF).
  3. NDRMF: 12000cr+
  4. SDRMF: 29000cr of which 20%fr mitigation and 80% fr response
  5. Allocations for NDRF / SDRF will be further sub-divided into
    1. Response and Relief – 40 per cent
    2. Recovery and Reconstruction – 30 per cent
    3. Capacity Building – 10 per cent
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15
Q

15th Finance Commission (FC) recommendations for 2021-2026: main headings?

A
  1. Vertical devolution
  2. Horizontal devolution
  3. revenue deficit grants to states
  4. Performance based incentives
  5. Fiscal space for centre
  6. Local Govt
  7. Disaster Risk Mgmt
  8. Fiscal Roadmap suggestions
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16
Q

15th Finance Commission (FC) recommendations for 2021-2026: Vertical devolution?

A
  • The share of states in the central taxes for the 2021-26 period is recommended to be 41%, same as that for 2020-21.
  • This is less than the 42% share recommended by the 14th Finance Commission for 2015-20 period.
  • The adjustment of 1% is to provide for the newly formed union territories of Jammu and Kashmir, and Ladakh from the resources of the centre.
17
Q

15th Finance Commission (FC) recommendations for 2021-2026: Horizontal devolution?

A

The criteria for distribution of central taxes among states for 2021-26 period is same as that for 2020-21 i.e.

12.5% weightage to demographic performance, 45% to income distance, 15% each to population and area, 10% to forest and ecology and 2.5% to tax and fiscal efforts.

However, the reference period for computing income distance and tax efforts are different (2015-18 for 2020-21 and 2016-19 for 2021-26), hence, the individual share of states may still change.

  • Income distance: Income distance is the distance of a state’s income from the state with the highest income. Income of a state has been computed as average per capita GSDP during the three-year period between 2016-17 and 2018-19.
  • Demographic performance: States with a lower fertility ratio will be scored higher on this criterion.
  • Tax and fiscal efforts: This criterion has been used to reward states with higher tax collection efficiency. It is measured as the ratio of the average per capita own tax revenue and the average per capita state GDP during the three years between 2016-17 and 2018-19
18
Q

15th Finance Commission (FC) recommendations for 2021-2026: revenue deficit grants to states?

A
  • Revenue deficit grants emanate from the requirement to meet the fiscal needs of the States on their revenue accounts that remain to be met, even after considering their own tax and non-tax resources and tax devolution to them.
  • Revenue Deficit is defined as the difference between revenue or current expenditure and revenue receipts, that includes tax and non-tax.
  • It has recommended post-devolution revenue deficit grants amounting to about Rs. 3 trillion over the five-year period ending FY26.
    • The number of states qualifying for the revenue deficit grants decreases from 17 in FY22, the first year of the award period to 6 in FY26, the last year.
19
Q

15th Finance Commission (FC) recommendations for 2021-2026: performance based incentives?

A
  • These grants revolve around four main themes.
    • social sector, where it has focused on health and education.
    • rural economy, where it has focused on agriculture and the maintenance of rural roads.
    • governance and administrative reforms under which it has recommended grants for judiciary, statistics and aspirational districts and blocks.
    • it has developed a performance-based incentive system for the power sector, which is not linked to grants but provides an important, additional borrowing window for States.
20
Q

15th Finance Commission (FC) recommendations for 2021-2026: Fiscal space for centre?

A
    • Total 15th Finance Commission transfers (devolution + grants) constitutes about 34% of estimated Gross Revenue Receipts to the Union, leaving adequate fiscal space to meet its resource requirements and spending obligations on national development priorities.
21
Q

15th Finance Commission (FC) recommendations for 2021-2026: Grants to Local govt?

A
  • The total grants to local bodies will be Rs 4.36 lakh crore (a portion of grants to be performance-linked) including: (i) Rs 2.4 lakh crore for rural local bodies, (ii) Rs 1.2 lakh crore for urban local bodies, and (iii) Rs 70,051 crore for health grants through local governments.
  • The grants to local bodies will be made available to all three tiers of Panchayat- village, block, and district.
  • The health grants will be provided for:
    • conversion of rural sub-centres and PHCs to health and wellness centres (HWCs),
    • support for diagnostic infrastructure for primary healthcare activities, and
    • support for urban HWCs, sub-centres, PHCs, and public health units at the block level.
  • Grants to local bodies (other than health grants) will be distributed among states based on population and area, with 90% and 10% weightage, respectively.
  • The Commission has prescribed certain conditions for availing these grants (except health grants) like publishing provisional and audited accounts in public domain and fixation of minimum floor rates for property taxes by states and improvement in collection of property taxes. Further, No grants will be released to local bodies of a state after March 2024 if the state does not constitute State Finance Commission and act upon its recommendations by then.
  • Along with grants for municipal services and local government bodies, it includes performance-based grants for incubation of new cities and health grants to local governments.
  • In grants for ULBs, basic grants are proposed only for cities/towns having a population of less than a million. For Million-Plus cities, 100% of the grants are performance-linked through the Million-Plus Cities Challenge Fund (MCF).
    • MCF amount is linked to the performance of these cities in improving their air quality and meeting the service level benchmarks for urban drinking water supply, sanitation and solid waste management.
22
Q

15th Finance Commission (FC) recommendations for 2021-2026: Disaster Risk Mgmt?

A

The Commission recommended retaining the existing cost-sharing patterns between the centre and states for disaster management funds. The cost-sharing pattern between centre and states is: (i) 90:10 for north-eastern and Himalayan states, and (ii) 75:25 for all other states. State disaster management funds will have a corpus of Rs 1.6 lakh crore (centre’s share is Rs 1.2 lakh crore).

23
Q

15th Finance Commission (FC) recommendations for 2021-2026: Fiscal Roadmap suggestions?

A
  • Fiscal deficit and debt levels: The Commission suggested that the centre bring down fiscal deficit to 4% of GDP by 2025-26. For states, it recommended the fiscal deficit limit (as % of GSDP) of: (i) 4% in 2021-22, (ii) 3.5% in 2022-23, and (iii) 3% during 2023-26.
  • Extra annual borrowing worth 0.5% of GSDP will be allowed to states during first four years (2021-25) upon undertaking power sector reforms including: (i) reduction in operational losses, (ii) reduction in revenue gap, (iii) reduction in payment of cash subsidy by adopting direct benefit transfer, and (iv) reduction in tariff subsidy as a percentage of revenue.
  • Income and asset-based taxation should be strengthened. To reduce excessive dependence on income tax on salaried incomes, the coverage of provisions related to tax deduction and collection at source (TDS/TCS) should be expanded. Stamp duty and registration fees at the state level have large untapped potential. Computerised property records should be integrated with the registration of transactions, and the market value of properties should be captured. State governments should streamline the methodology of property valuation.
  • GST: The inverted duty structure between intermediate inputs and final outputs present in GST needs to be resolved. Revenue neutrality of GST rate should be restored which has been compromised by multiple rate structure and several downward adjustments. Rate structure should be rationalised by merging the rates of 12% and 18%.
24
Q

The era of combative federalism?

A
  • The expression ‘combative federalism’** was used by former Uttarakhand Chief Minister immediately after his government was **dismissed under Article 356** of the Constitution **by President’s proclamation.
  • Recent instances to demonstrate combative federalism
    • In 2016, when the Governor of Arunachal Pradesh decided to advance the Assembly elections, which led to political crisis in the State and then President’s Rule, the Supreme Court had to intervene and set right the constitutional crisis by holding that the Governor’s discretion did not extend to the powers conferred under Article 174.
      • The Governor cannot summon the House, determine its legislative agenda or address the legislative Assembly without consulting the Chief Minister or the Speaker.
    • In Goa, Karnataka and Maharashtra, we saw examples of the Governor acting beyond his constitutional brief by inviting parties and formations which did not have an adequate majority to form the governments.
    • The question of who should have control of the National Capital Territory of Delhi was resolved by the Supreme Court in 2018, but the dispute continues to linger in one form or the other before the courts.
    • various States have withdrawn the general consent for functioning of the CBI in their respective jurisdictions, citing politically motivated investigations by central agencies.
    • proposed amendments to the Indian Administrative Service (IAS) (Cadre) Rules of 1954 will take away the liberty of the States to deny consent for handing over civil servants for Central deputation. Further, if there are differences between the Centre and the States, the Centre’s decision will have to be accepted by the States within a specified time period. Tamil Nadu, Kerala, West Bengal, Jharkhand, Rajasthan, Chhattisgarh and Telangana have objected to the amendments.
  • The Constitution Bench of the Supreme Court held in Government of NCT of Delhi v. Union of India (2018) that the idea behind the concept of collaborative federalism** is **negotiation and coordination so that differences which may arise between the Centre and the State Governments in their respective pursuits of development can be ironed out.
  • The Court said: “Union Government and the State governments should endeavour to address the common problems with the intention to arrive at a solution by showing statesmanship, combined action and sincere cooperation.”
25
Q

Enquiry Commissions: powers? who can set them up? jurisdiction?

A

Under The Commissions of Inquiry Act, 1952, a Commission set up by the government shall have the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908.
● This means that the Commission has powers to summon and enforce the attendance of any person from any part of India and examine her on oath, and receive evidence.
● It can order requisition of any public record or copy from any court or office.

Who can set them up:

While both central and state governments can set up such Commissions of Inquiry, states are restricted by subject matters that they are empowered to legislate upon.
● If the central government set up the commission first, then states cannot set up a parallel commission on the same subject matter without the approval of the Centre.
● But if a state has appointed a Commission, then the Centre can appoint another on the same subject if it is of the opinion that the scope of the inquiry should be extended to two or more states.

jurisdiction:

Commissions set up by the central government can make an inquiry into any matter relatable to any of the entries in List I (Union List) or List II (State List) or List III (Concurrent List) in the Seventh Schedule to the Constitution, while Commissions set up by state governments can look into entries in List II or List III

Recent context: SC stayed all proceedings before Justice Madan Lokur Commission, set up by the West Bengal government to inquire into the alleged interception of mobile phones using military grade spyware Pegasus, disapproving breach of undertaking by the state for halting the commission’s work when the SC was seized of the pan-India issue.

26
Q

special category status?

A

● There is no provision of SCS in the Constitution; the Central government extends financial assistance to states that are at a comparative disadvantage against others.
● This classification was done on the recommendations of the Fifth Finance Commission in 1969. It was based on the Gadgil formula.

The parameters for SCS were:

  1. Hilly Terrain;
  2. Low Population Density And/Or Sizeable Share of Tribal Population;
  3. Strategic Location along Borders With Neighbouring Countries;
  4. Economic and Infrastructure Backwardness; and
  5. Nonviable Nature of State finances.

Who grants SCS status?
Special Category Status for plan assistance was granted in the past by the National Development Council to the States that are characterized by a number of features necessitating special consideration. Now, it is done by the central government.

  • Benefits: Besides tax breaks and other benefits, the State with SCS will get 90% of all the expenditure on Centrally sponsored schemes as Central grant. The rest of the 10% will also be given as a loan at zero percent interest. Plus AIBP assistance with 90% as grants.
  • Concerns associated:
    Considering special status to any new State will result in demands from other States and dilute the benefits further. It is also not economically beneficial for States to seek special status as the benefits under the current dispensation are minimal. Therefore, States facing special problems will be better off seeking a special package.
  • Present scenario:
    The 14th Finance Commission has done away with the ‘special category status’ for states, except for the Northeastern and three hill states (J&K, HP and UK).
  • Instead, it suggested that the resource gap of each state be filled through ‘tax devolution’, urging the Centre to increase the states’ share of tax revenues from 32% to 42%, which has been implemented since 2015.
  • Following Union Budget 2015-16, discontinued are central assistance, special central assistance and specila plan assistance (which were earlier available apart from centre sponsored scheme funding)
  • allocation under AIBP has also been cut from 9000cr to 1000cr. scheme is now run with a higher matching contribution by states
27
Q

Bihar: developmental stats vis-a-vis special status demand?

A

● The latest report of the NITI Aayog puts Bihar among the bottom states in terms of growth rate and human development indices.
● Bihar’s annual per capita income of Rs 50,735 lags the national figure of Rs 1,34,432 by a significant distance.
● According to the report, 51.91 per cent of the state’s population — the highest in the country — lives below the poverty line.
● Bihar is also doing badly in terms of school dropouts, child malnourishment, maternal health, and infant mortality

28
Q

T/F: change of station names is entirely a state subject

A

T

29
Q

Consider the following statements regarding Urban local bodies.
1. Since the enactment of 74th Constitution Amendment Act, elections to urban local bodies is held once in every five years in all states in India.
2. As per the amended Municipal Corporation Act of 1888, Mayors are directly elected by the people in all states.
Which of the above statements is/are incorrect? a) 1 only b) 2 only c) Both 1 and 2 d) Neither 1 nor 2

A

C

30
Q

Consider the following statements.
1. Both Parliament and State Legislature has the authority to notify the boundaries of the state as well as the capital city.
2. The Doctrine of Public Trust mandates affirmative state action for effective management of resources and empowers citizens to question ineffective management of natural resources.
3. Doctrine of Public Trust has grown from Article 21 of the Constitution of India.
Which of the above statements is/are correct?
a) 1, 2
b) 2 only
c) 2, 3
d) 1, 2, 3

A

C

Under the Public trust doctrine, the state has a duty as a trustee under Art 48A to protect and improve the environment and safeguard the forests and wildlife of the country. This Public trust doctrine has grown from Article 21 of the Constitution of India. Public trust doctrine serves two purposes: it mandates affirmative state action for effective management of resources and empowers citizens to question ineffective management of natural resources