Laxmikanth Test: Centre - State Relations - UPSC MCQ

• Finance commission is a constitutional body.

• There is no council named Regional Development Council. However, several councils are regional in nature like North Eastern Council etc.

• National Advisory panel makes policies at the national level. States do not have a say in it.

• University Grant Commission (UGC) coordinates the centre and the states in matters of university education.

• The matters of national importance and the matters which require uniformity of legislation nationwide are included in the Union List. 

• The matters of regional and local importance and the matters which permit diversity of interest are specified in legislation throughout the country is desirable but not essential are enumerated in the concurrent list. Thus, it permits diversity along with uniformity.

• The Parliament of India is competent to legislate on all matters that are enumerated in the Union List and the Concurrent List of the Constitution. 

• In the Concurrent List, the Parliament and the State Legislatures have joint jurisdiction. 

• However, in case of conflict over any law made under the Concurrent List, the Union Law will prevail upon the State Law provided the State Law has not received the earlier assent of the President. 

• Parliament alone has the power to make laws on matters not included in the state list or concurrent list.

The Correct Option is C: 1 and 3

There are five conditions under which it can be done: 

(a) To give effect to an international treaty to which India is a signatory 

(b) Under President's rule 

(c) Under national emergency 

(d) When two or more states request Parliament to do so (applies to only those states) 

(e) When Rajya Sabha passes a resolution calling for Parliament to legislate in the state list.

• The Parliament has exclusive powers to make laws concerning any of the matters enumerated in the Union List and Residuary list.

• Both the Parliament and state legislature can make laws concerning any of the matters enumerated in the Concurrent List even if a Central law exists. But, laws made by the state should not contravene Central laws.

• The Constitution expressly secures the predominance of the Union List over the State List and the Concurrent List and that of the Concurrent List over the State List. Thus, in case of overlapping between the Union List and the State List, the former should prevail. 

• In case of overlapping between the Union List and the Concurrent List, it is again the former which should prevail. Where there is a conflict between the Concurrent List and the State List, it is the former that should prevail.

• In case of a conflict between the Central law and the state law on a subject enumerated in the Concurrent List, the Central law prevails over the state law. 

• But, there is an exception. If the state law has been reserved for the consideration of the president and has received his assent, then the state law prevails in that state. But, it would still be competent for the Parliament to override such a law by subsequently making a law on the same matter.

• The Rajya Sabha is an institutional mechanism to provide representation to the States. Its purpose is to protect the powers of the States.

• In matters of the concurrent list, both the Parliament and State Legislatures can make laws.

• Therefore, any matter that affects the States must be referred to as Rajya Sabha for its consent and approval.

• Thus, if the Union Parliament wishes to remove a matter from the State list (over which only the State Legislature can make law) or to either the Union List or Concurrent List in the interest of the nation, the approval of the Rajya Sabha is necessary.

• The same is true when a matter needs to be moved from Concurrent List to the Union list.

• This provision adds to the strength of the Rajya Sabha.

• Article 356 empowers the centre to impose President's rule in case a state has failed to comply with its directions. But if the state is incapable of doing the same on some genuine grounds, it cannot be imposed. If done so, the courts can intervene.

• The legislation under the concurrent list enacted by the Parliament should be executed by the states unless provided otherwise.