Federal Structure & Centre-State Relations

Indian federalism is characterized by key features such as an independent judiciary, a clear division of powers between the Centre and the States, and unequal representation of States in the Rajya Sabha, all of which are enshrined in the Indian Constitution. However, unlike classical federations like the United States, Indian federalism is not the outcome of an agreement among the federating units. The Indian Constitution, which lays down the framework for India's federal structure, was not created through an agreement among the federating units but was adopted by the Constituent Assembly of India.

As per Article 249 of the Indian Constitution, the Parliament of India can legislate on a subject in the State List if the Rajya Sabha passes a resolution stating that it is necessary in the national interest. This resolution must be approved by a majority of not less than two-thirds of the members present and voting. Once passed, this resolution empowers Parliament to make laws on the specified subject for a period of one year, which can be extended further by passing another resolution.

The Panchayati Raj system is designed to empower rural communities by enabling 1. People's participation in development: This involves involving villagers in decision-making processes related to local development projects and resource allocation. 2. Political accountability: This is a desirable outcome, but not the sole purpose. The Panchayati Raj system aims to create a more participatory and democratic structure for rural development. 3. Democratic decentralization: Power is transferred from the central government to local bodies, allowing communities to address their specific needs and priorities. 4. Financial mobilization: While financial mobilization can be a consequence, it's not the fundamental objective. Therefore, only statements 1 and 3 are true.

The provisions in the Fifth Schedule and Sixth Schedule in the Constitution of India are made to protect the interests of Scheduled Tribes. Fifth Schedule: Applies to all states except Assam, Meghalaya, Tripura, and Mizoram. It focuses on Management and administration of Scheduled Areas: These are areas with a high concentration of tribal populations. The schedule grants them some autonomy and safeguards their traditional rights over land and resources. Establishment of Tribes Advisory Councils: These councils advise the Governor on matters related to the welfare and development of Scheduled Tribes. Sixth Schedule: Applies to the four aforementioned northeastern states with significant tribal populations. It provides greater autonomy compared to the Fifth Schedule by Creation of Autonomous District Councils (ADCs): These councils have a greater degree of administrative and legislative power within their designated areas. Special provisions for administration of tribal areas: This includes protection of customary law, inheritance practices, and social customs of the tribes.

Statement 1 is Correct: The Fourteenth Finance Commission indeed increased the devolution of tax revenue from the central government to the states. Statement 2 is Incorrect: While promoting formula-based devolution, the commission does not provide recommendations regarding sector-specific grants to ensure focus on critical areas.

Statement 1 is correct: The Cabinet Mission (1946) recommended the establishment of a federal government in India with a weak centre controlling only defence, foreign affairs, and communications, and the provinces grouped into sections with autonomy in other matters. Statement 2 is incorrect: The Mission did not propose any changes in the powers of Indian courts; its purpose was to plan the constitutional framework for transfer of power, not judicial reforms. Statement 3 is incorrect: The Mission made no recommendation regarding the Indian Civil Services (ICS) or increasing Indian participation in it.

The Government of India Act of 1919 aimed to expand Indian participation in governing the country. The Act introduced a dual scheme of governance, separating the central and provincial subjects, with a division of powers between the British Government and Indian authorities. It established a dual system of government at the provincial level, known as diarchy. Certain subjects called Transferable subjects like education and health were placed under Indian ministers answerable to elected councils, while others called Reserved subjects remained under British control.

The answer is (D) tax imposed and collected by the State Government is correct. In India, sales tax has been replaced by the Goods and Services Tax (GST). However, before the implementation of GST, sales tax was levied by individual states in India. While there might have been some central guidelines, the power to impose and collect sales tax primarily rested with the state governments.

Statement 1 is correct: Sending a report to the President recommending imposition of President’s Rule (Article 356) is a discretionary power of the Governor. The Governor can act independently if they believe the constitutional machinery in the state has failed. Statement 2 is incorrect: The appointment of Ministers is done by the Governor on the advice of the Chief Minister, not at their discretion (Article 164). Statement 3 is correct: The Governor has the discretionary power to reserve certain bills passed by the State Legislature for the President’s consideration (Article 200). Statement 4 is incorrect: The rules for the conduct of business of the State Government are made by the Governor on the advice of the Council of Ministers (Article 166), not at their discretion.

Article 131 of the Constitution of India provides for the original jurisdiction of the Supreme Court to settle the disputes between the different units of the Indian Federation such as between the Centre and one or more states and, between the states.