AP Inter 2nd Year Civics Important Questions Chapter 9 Union-State Relations

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Students must practice these AP Inter 2nd Year Civics Important Questions 9th Lesson Union-State Relations to boost their exam preparation.

AP Inter 2nd Year Civics Important Questions 9th Lesson Union-State Relations

Long Answer Questions

Question 1.
Explain in brief the Union – State relations in India.
Answer:
Introduction:
The Constitution of India is federal in form but is unitary in character. Hence all the powers were divided between the Union and States.

Union-State Relations:
The Union-State relations can be discussed under three heads. They are 1) Legislative Relations, 2) Administrative Relations and 3) Financial Relations.

1. Legislative Relations:
The Constitution of India makes three fold distributions of legislative powers between the Union and States. List -1 (the Union List, List II (the State List) and List-Ill (the Concurrent List)

Articles 245 to 255 in Part XI and Chapter I of the Indian Constitution deal with the legislative relations between the Union and the States. The Constitution of India defines the territorial limits of the legislative powers vested in the Centre and the States in the following way.

  • The Parliament makes laws for the whole or any part of the territory of India.
  • It can also make laws for the Union Territories.
  • The Parliament has exclusive power to make laws with respect to any of the matters enumerated in List-I in the 7th schedule.
  • The Parliament and the legislature of a State have powers to make laws with respect to any of the matters enumerated in the List-Ill in the 7th schedule.
  • The Legislature of a State has exclusive power to make laws for such State with respect to any of the matters enumerated in the list-II in the 7th schedule.
  • The Parliament may make laws with respect to any matter for any part of the territory of India not included in a State (UT) even if such matter may fall in the State list.
  • The Parliament has exclusive power to make laws with regard to any matter which is not included in any of the lists.
  • The Parliament can make laws withrespect to the State List in certain circumstances such as the matter related to national importance, during the period of national emergency, if two or more States request the Parliament to make laws and for implementing any treaty or agreement of international nature.

2. Administrative Relations:
Articles 256 to 263 in part XI of our Constitution deal with the administrative relations between the Union and States. They may be explained as follows:

  • To ensure due compliance with the Union Laws in the implementation of the State laws.
  • To ensure that the exercise of the executive power of the State does not impede the implementation of the Union laws.
  • To ensure the Constitution and the maintenance of the means of communication of military or national importance.
  • To ensure protection of Railways within the State.
  • To devise and execute schemes for the welfare of the tribal communities as mentioned in the directions.
  • To secure the provisions of the adequate facilities for the instruction in the mother tongue at the primary stage to linguistic minorities.
  • To ensure the development of Hindi language.
  • To entrust certain functions of the Centre to the State and its officers and the Centre will meet the additional expenditure involved in caryying out such functions.
  • To issue directions to the State for the welfare of the Schedule Castes and Scheduled Tribes.

AP Inter 2nd Year Civics Important Questions Chapter 9 Union-State Relations

3. Financial Relations:
Articles 268 and 293 in Part XII of our Constitution deal with the Financial relations between the Union and States. They may be explained as follows:

a) Taxes and Duties levied by the Centre:
There are certain taxes which are exclusively assigned to the Union. These include customs and exports duties, income tax, excise duties on tobacco, jute cut corporation tax, taxes on the capital value of the assets, estate duty in respect of property other than agricultural land, railways, post and telegraphs, telephones, etc.

b) Taxes and Duties levied and used by the State:
Certain items of revenue fall under the exclusive jurisdiction of the State. There are land revenue, taxes on goods and passengers carried by road or inland water, taxes on the consumption or sale of electricity and toll tax, duty on alcoholic liquors for human consumption, taxes on entertainment, amusement, betting, gambling, etc.

c) Taxes levied by the Union but collected and appropriated by States:
Revenue from the following items is collected and appropriated by the States. These include Stamp duties on bill of exchange, cheques, promissory notes, bills of lending, transfer of shares, excise duties on medical and toilet materials, opium, etc.

d) Taxes levied and collected by the Union but assigned to States:
The taxes on certain items are levied and collected by the Union but exclusively allotted to the States. These are : railway freight and fares, terminal taxes on goods or passengers carried by rail, sea or air, estate duty in respect of property other than agricultural land.

e) Taxes levied and collected by the Union and distributed among the Union and States:
There are certain items, on which the taxes are levied and collected by the Union but shared with the States. Such items are: tax on income other than agricultural income, excise duties on items other than medical and toilet materials.

f) Financial Relations between the Union and States during Financial Emergency:
During the proclamation of Financial Emergency, the President can give financial directions to the States. The President can suspend the grant-in-aid to the States. During such an emergency the States are left only with revenues available under the State List and the other resources can be controlled as per the wishes of the Centre. The President can issue directions to reduce the salaries and other allowances of the government employees including the judges.

Question 2.
Discuss the three lists of the Union-State relations.
Answer:
Introductions:
The Constitution of India makes three fold distributions of legislative powers between the Union and States. They are i) the Union List, ii) the State List and iii) the Concurrent List.

i. The Union List:
The Legislative relations have been divided between the Union and States in a unique way. The Union list is a longest list. In the beginning of the constitution it consists of 97 subjects. This list has at present 100 subjects. The Union Parliament has exclusive power to make laws with respect to any of the matters enumerated in the Union List. The subjects in this list include Defence, atomic energy, matters related to the UN, Foreign Affairs, diplomatic representation, treaties with foreign states, war and peace, citizenship, Railways, National Highways, airways, shipping, regulation and control of air traffic, post and telegraph, telephones, currencies, commerce and Banking, Inter State Trade, Insurance, foreign loans, patents, weights waters, Union Public Service Commission, All India Services, election to Parliament, etc. The laws made on these subjects are applicable to all the States and to all the citizens equally.

ii. The State List:
Under normal circumstances the State Legislature has exclusive powers to make laws with respect to any of the matters enumerated in the State List. It consists of 66 subjects of provincial importance. After the 42nd Amendment, this number was reduced to 62 subjects. The State Legislatures have exclusive power to make laws on matters enumerated in this list. Some of the important subjects included in the State list are law and order, justice, jails, police, agriculture, irrigation, public health, local self government, pilgrimages, libraries, fisheries, markets and fairs and land revenue etc. These laws are only applicable to the individuals or institutions within that state only.

iii. The Concurrent List:
Both the Parliament and the State Legislatures are authorized to make laws over the subjects included in this list. There are 47 subjects of local and national importance. After the 42nd Amendment Act, 1976, their number was increased to 52. Both the Union and State Governments may enact laws on these matters. But the Union law prevails upon the laws of the States in case of conflict between the two. Some of the subjects under the Concurrent List are – forests, protection of wild animals and birds, population control and family planning, education including technical and medical education, criminal law and procedure, marriage and divorce etc.

AP Inter 2nd Year Civics Important Questions Chapter 9 Union-State Relations

Short Answer Questions

Question 1.
Discuss the administrative relations between the Union and the States of India. [March 2018,’17,’16; May ’17,’16]
Answer:
Administrative Relations:
Articles 256 to 263 in part XI of our Constitution deal with the administrative relations between the Union and States. They may be explained as follows:

  • To ensure due compliance with the Union Laws in the implementation of the State laws.
  • To ensure that the exercise of the executive power of the State does not impede the implementation of the Union laws.
  • To ensure the Constitution and the maintenance of the means of communication of military or national importance.
  • To ensure protection of Railways within the State.
  • To devise and execute schemes for the welfare of the tribal communities as * mentioned in the directions.
  • To secure the provisions of the adequate facilities for the instruction in the mother ‘ tongue at the primary stage to linguistic minorities.
  • To ensure the development of Hindi language.
  • To entrust certain functions of the Centre to the State and its officers and the Centre will meet the additional expenditure involved in caryying out such functions.
  • To issue directions to the State for the welfare of the Schedule Castes and Scheduled Tribes.

Question 2.
What are the financial relations between the Union and the States? Explain.
Answer:
Financial Relations:
Articles 268 and 293 in Part XII of our Constitution deal with the Financial relations between the Union and States. They may be explained as follows:

a. Taxes and Duties levied by the Centre:
There are certain taxes which are exclusively assigned to the Union. These include customs and exports duties, income tax, excise duties on tobacco, jute cut corporation tax, taxes on the capital value of the assets, estate duty in respect of property other than agricultural land, railways, post and telegraphs, telephones etc.

b. Taxes and Duties levied and used by the State:
Certain items of revenue fall under the exclusive jurisdiction of the State. There are land revenue, taxes on goods and passengers carried by road or inland water, taxes on the consumption or sale of electricity and toll tax, duty on alcoholic liquors for human consumption, taxes on entertainment, amusement, betting, gambling, etc.

c. Taxes levied by the Union but collected and appropriated by States:
Revenue from the following items is collected and appropriated by the States. These include Stamp duties on bill of exchange, cheques, promissory notes, bills of lending, transfer of shares, excise duties on medical and toilet materials, opium, etc.

d. Taxes levied and collected by the Union but assigned to States:
The taxes on certain items are levied and collected by the Union but exclusively allotted to the States. These are: railway freight and fares, terminal taxes on goods or passengers carried by rail, sea or air, estate duty in respect of property other than agricultural land.

e. Taxes levied and collected by the Union and distributed among the Union and States:
There are certain items, on which the taxes are levied and collected by the Union but shared with the States. Such items are: tax on income other than agricultural income, excise duties on items other than medical and toilet materials.

f. Financial Relations between the Union and States during Financial Emergency:
During the proclamation of Financial Emergency, the President can give financial directions to the States. The President can suspend the grant-in-aid to the States. During such an emergency the States are left only with revenues available under the State List and the other resources can be controlled as per the wishes of the Centre. The President can issue directions to reduce the salaries and other allowances of the government employees including the judges.

AP Inter 2nd Year Civics Important Questions Chapter 9 Union-State Relations

Question 3.
Examine the legislative relations between the Union and States.
Answer:
The Legislative relations between the Union and States:
The Constitution of India makes three fold distributions of legislative powers between the Union and States. List -1 (the Uniont List); List-II (the State List) and List- III (the Concurrent List)

Articles 245 to 255 in Part XI and Chapter I of the Indian Constitution deal with the legislative relations between the Union and the States. The Constitution of India defines the territorial limits of the legislative powers vested in the Centre and the States in the following way.

  • The Parialment makes laws for the whole or any part of the territory of India.
  • It can also make laws for the Union Territories.
  • The Parliament has exclusive power to make laws with respect to any of the matters enumerated in List-I in the 7th schedule.
  • The Parliament and the legislature of a State have powers to make laws with respect to any of the matters enumerated in the list-III in the 7th schedule.
  • The Legislature of a State has exclusive power to make laws for such State with respect to any of the matters enumerated in the list-II in the 7th schedule.
  • The Parliament may make laws with respect to any matter for any part of the territory of India not included in the State (UT) even if such matter may fall in the State list.
  • The Parliament has exclusive powers to make laws with regard to any matter which is not included in any of the lists.
  • The Parliament can make laws with respect to the State List in certain circumstances such as the matter related to national importance, during the period of national emergency, if two or more States request the Parliament to make laws and for implementing any treaty or agreement of international nature.

Question 4.
Explain the composition, powers and functions of the Finance Commission. [March-2019]
Answer:
Composition: Article 280 of the Indian Constitution deals with the composition, powers and functions of the Finance Commission. The President of India constitutes a Finance Commission, a quasijudicial body with Chairman and four members. The Chairman as well as the members is appointed by the President for a period of five years. They are eligible for reappointment. The Constitution authorizes the Parliament to decide the qualifications of the members and Chairman of the Commission.

Powers and Functions:

  • It makes recommendations as to what proportion of the central taxes is to be distributed among the States.
  • To determine the principles that should govern the grants-in-aid of the revenues of the States out of the Consolidated Fund of India.
  • It also makes recommendations regarding the continuance or modifications of agreements entered into by the Union Government with any State.
  • It makes suggestions on any other matter referred to the Commission by the President in the interest of financial stability.
  • It also holds discussions with the higher officials and prominent leaders on administrative and political affairs and invites suggestions from the heads of various financial institutions in the country for sound financial stability.

Question 5.
Evaluate the recommendations of the Sarkaria Commission. [Mar. ’19,’18,’17,’16; May ’17,’16]
Answer:
The Sarkaria Commission made 247 recommendations to improve the Centre-State relations. The important recommendations are mentioned below.

  • A permanent Inter-State Council called the Inter-Governmental Council should be set up under Article 263.
  • Article 356 (President’s Rule) should be used very sparingly in extreme cases as a last resort when all the available alternatives fail.
  • The institution of All-India Service should be further strengthened and some more such services should be created.
  • The residuary powers of taxation should continue to remain with the Parliament, while the other residuary powers should be placed in the Concurrent List.
  • When the President withholds his assent to the State bills, the reasons should be communicated to the State Government.
  • The National Development Council (NDC) should be renamed and reconstituted as the National Economic and Development Council (NEDC).
  • The zonal councils should be constituted afresh and reactivated to promote the spirit of federalism.

AP Inter 2nd Year Civics Important Questions Chapter 9 Union-State Relations

Very Short Answer Questions

Question 1.
Any three relations between Union and States.
Answer:

  • The Parliament makes laws for the whole or any part of the territory of India.
  • It can also make laws for the Union Territories.
  • The Parliament and the Legislature of a State have powers to make laws with respect to any of the matters enumerated in the List 111 (Concurrent List) in the 7th Schedule.

Question 2.
Union List.
Answer:
The legislative relations have been divided between the Union and States in a unique way. The Union list is a longest list. The List has at present 100 subjects. The Union . Parliament has exclusive power to make laws on the 100 subjects of the Union List. The subjects included in this list include Defence, Atomic Energy, Foreign affairs, War and peace etc.

Question 3.
Administrative relations during emergencies.
Answer:
During emergencies, the Union Government will work as a powerful body. The State governments are brought under its. complete control. When the President rule is imposed in a state, the President can assure to himself the functions of the state government. During the financial emergency, the Union can direct the States to observe canons of financial property.

Question 4.
Legislative powers between the Union and the States.
Answer:

  • The Parliament makes laws for the whole or any part of the territory of India.
  • The Parliament has exclusive power to make laws with respect to any subject enumerated in the list-I (Union List) in the 7th schedule.

Question 5.
Residuary Powers.
Answer:
The powers which are not included in any one of the Union list, State list and Concurrent list are called Residuary powers. They are assigned to the Union government. For example: The power of the Parliament to impose taxes on the services sector of the economy.

Question 6.
Any two extra Constitutional devices of Union Government.
Answer:
The two extra Constitutional devices of Union Government are

  • Planning Commission or NITI Aayog
  • National Development Council.

Planning Commission was replaced by NITI Aayog (National Institute for Transforming India on 1st January 2015. National Development Council was set up in 1952.

AP Inter 2nd Year Civics Important Questions Chapter 9 Union-State Relations

Question 7.
NITI Aayog. [March 2017,’16; May ’17,’16]
Answer:
National Planning Commission was replaced by NITI Aayog on 1st January 2015. It will recommend a national agenda including strategic and technical advice on elements of policy and economic matters, it will also develop mechanism for village land plans and aggregate them progressively at higher levels of government.

Question 8.
National Development Council.
Answer:
National Development Council was set up in 1952. It is an another extra-constitutional and extra-legal body to associate the States in the formulation of the plans. The Prime Minister is the Ex-officio Chairman of National Development Council. It consists of all the members of the Union Cabinet, Chief Ministers of States, all administrators of the Union Territories.

Question 9.
National Integration Council.
Answer:
National Integration Council was setup in 1961 by the first Prime Minister Pandit Jawaharlal Nehru at New Delhi. It consists of the Prime Minister as the Chairman, Union Home Minister, Chief Ministers of the States, seven leaders of the political parties and the seven members nominated by the Prime Minister. This council was directed to examine the issues like Communalism, Casteism, Regionalism, etc. affecting the national integration.

Question 10.
Any three tension areas in Union – State relations.
Answer:
The three tension areas in Union-State relations are

  • Mode of appointment of Governors
  • Discriminatory role of Governor
  • Use of Article 356 in the States.

Question 11.
Punchchi Commission. [March-2018]
Answer:
The Commission was set up by the UPA Government in the year 2007 on Centre-State relations. It was headed by Madan Mohan Punchchi, a retired Chief Justice of India. It submitted its report to the Government in the year 2010. The main recommendation of this commission is that ‘the Co-operative Federation* will be the key for sustaining India’s Unity, integrity and social and economic development in future

Question 12.
Union – State Relations. [March-2019]
Answer:
The Constitution of India has established a strong Union Government. In the context of recent challenges to the unity and integrity of the nation. It appears to be the need of the hour to concrete the Union-State relations. All the committees, constituted for promoting and reviewing the Union-State relations have strongly recommended for concrete and clear distribution of the powers between the Union and States.

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