Here are 30 important and potentially confusing facts about the Powers, Functions, and Responsibilities of the Union and the States in India, which can aid in your UPSC CSE preparation:
- The Constitution of India divides the powers and responsibilities between the Union (Central Government) and the States through the Union List, State List, and Concurrent List under Article 246.
- The Union List (List I) consists of subjects on which only the Union Government can legislate. It includes matters of national importance such as defense, foreign affairs, and currency.
- The State List (List II) consists of subjects on which only the State Governments can legislate. These include matters of local or regional importance such as police, public health, and agriculture.
- The Concurrent List (List III) contains subjects on which both the Union and State Governments can legislate. These include matters like criminal law, marriage and divorce, and bankruptcy.
- If there is a conflict between Union and State laws on any subject in the Concurrent List, the Union law prevails over the State law under Article 254.
- Article 248 gives the Union Government the power to legislate on any subject not enumerated in the Union or State Lists, which is known as the Residuary Power.
- The Union Government is responsible for matters of national importance, including the defense of India, external affairs, atomic energy, and inter-state trade and commerce.
- The State Governments have powers over subjects that are of regional or local importance, such as law and order, education, agriculture, and healthcare.
- The Union Parliament (Lok Sabha and Rajya Sabha) is responsible for passing laws on subjects in the Union and Concurrent Lists, and also for making laws that affect the entire nation.
- State Legislatures (Vidhan Sabha and Vidhan Parishad) have the authority to make laws on subjects in the State List and Concurrent List for their respective states.
- In case of a dispute between Union and State regarding the distribution of powers, the matter can be referred to the Supreme Court under Article 131, which has the final say on the issue.
- The Governor of a state represents the Union Government at the state level. They are appointed by the President of India and have certain executive powers, including appointing the Chief Minister and other ministers.
- The President of India is the formal head of the Union Government and holds executive authority under Article 53. The President acts on the advice of the Council of Ministers, led by the Prime Minister.
- The Council of Ministers in the Union Government, headed by the Prime Minister, is responsible for formulating and executing the policies of the government.
- The Union Government has the authority to dismiss a State Government if the President believes that the government in the state is not functioning according to the provisions of the Constitution. This is done under Article 356 (President’s Rule).
- Article 365 provides for the imposition of President’s Rule in a state if the President believes that a state is not following the directions of the Union Government, leading to the suspension of state governance.
- Article 352 deals with the Proclamation of Emergency, which can be declared by the President in the case of war, external aggression, or armed rebellion. This results in the centralization of powers in the Union Government.
- The Union Cabinet consists of the Prime Minister and other ministers, and is responsible for formulating government policies, decisions, and administering the country.
- The Union List includes matters such as national defense, airways, foreign trade, and interstate relations. These matters are essential for maintaining national unity and security.
- The State List includes matters like police, public health, and agriculture, which are critical for managing day-to-day affairs and regional governance.
- Concurrent List includes subjects like criminal law, marriage and divorce, and bankruptcy, where both Union and State Governments can legislate, but in case of a conflict, the Union’s law prevails.
- Article 249 allows the Union Parliament to legislate on matters in the State List if the Rajya Sabha passes a resolution by a resolution of resolution for national interest.
- The National Development Council (NDC) is an apex body composed of the Prime Minister, Union Ministers, Chief Ministers of all states, and members of the Planning Commission. It advises on matters related to economic planning and development.
- States are allowed to take decisions in matters related to local development and their economies, but these decisions are subject to oversight by the Union Government, especially in areas involving external relations or national security.
- Inter-state relations and cooperation between states are facilitated by institutions like the Inter-State Council (Article 263), which helps address disputes and promotes cooperative federalism.
- The Finance Commission is established every five years to recommend the distribution of financial resources between the Union and the States. It ensures equitable resource allocation.
- Article 280 provides for the establishment of the Finance Commission, which plays a key role in determining the allocation of funds between the Union and the States, especially from the central taxes.
- The Union Government has the power to distribute funds to states for central schemes, but states have the right to manage and allocate these funds according to their specific needs.
- The Union Government has significant powers in foreign policy, as international relations and treaties are solely under the jurisdiction of the Union Government. States do not have any authority to deal with foreign countries directly.
- The Judiciary is an independent body responsible for resolving disputes between the Union and the States. The Supreme Court is the final authority on matters related to the division of powers and interpretation of the Constitution.
These facts highlight the complex relationship between the Union and the States, including their respective powers, functions, and responsibilities. Understanding these provisions is key for a comprehensive grasp of India’s federal system and is crucial for the UPSC CSE exam.