Question

Q. Consider the following Statements:

Which of the above given statements is/are correct?

• A.
  1 only
• B.
  2 only
• C.
  Both 1 and 2
• D.
  Neither 1 nor 2

Answer 1

The correct option is A

1 only
Explanation:

Statement 1 is correct: The very existence of a State including its territorial integrity is in the hands of Parliament. The Parliament Is empowered to ‘form a new State by separation of territory from any State or by uniting two or moreStates…’. It can also alter the boundary of any Stateor even its name. The Constitution provides for some safeguards by way of securing the view of the concerned State legislature.

Statement 2 is Incorrect: There may be occasions when the situation may demand that the central government needs to legislate on matters from the State list. This is possible if the move is ratified by the Rajya Sabha. The Constitution clearly states that executive powers of the centre are superior to the executive powers of the States. Furthermore, the central government may choose to give instructions to the State government.
Article 257 (1): The executive power of every State shall be exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union Shall extend to the giving of such directions to a State as may appear to the Government of India To be necessary for that purpose.