Question

Q. In the context of the Centre-state relations in Indian polity, consider the following statements:

Which of the above given statements are correct?

• A.
  1 and 2 only
• B.
  2 and 3 only
• C.
  1 and 3 only
• D.
  1, 2 and 3

Answer 1

The correct option is A

1 and 2 only

Statement 1 is correct:

The delegation of executive power between the centre and state can take place in two ways.

1. Under an Agreement:

1. The President may, with the consent of the state government, entrust to that government any of the executive functions of the Centre.
2. Conversely, the Governor of a state may, with the consent of the Central government, entrust to that government any of the executive functions of the state.

2. Through Legislation: The Parliament can entrust the executive functions of the Centre to a state without the consent of that state. It is to be noted here that the same thing cannot be done by the state legislature.

Hence it is clear the Centre can use both the methods, a state can use only the first method.

Statement 2 is correct: The Centre cannot delegate its legislative powers to the states and also a single state cannot request the Parliament to make a law on a state subject.

Additional Information:

The Parliament can legislate on the matters of State list in the following extraordinary situations.

1. When Rajya Sabha Passes a Resolution to that effect by the special majority.
2. During the imposition of National Emergency.
3. When the legislatures of two or more states make a request to do the same.
4. For the implementation of International Agreements.
5. During the President's rule.

Statement 3 is incorrect:

Under Article 263 of the Indian Constitution, the President (not Prime Minister) can establish an Inter-State Council to investigate and discuss subject of common interest between the Centre and the states