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Home/upsc: functions & responsibilities of the union and the states/Page 2

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Malti devi
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Malti deviLearner
Asked: July 16, 2024In:
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Examine the Union government’s obligations in the fields of science and technology, such as the financing and management of R&D, the encouragement of innovation, and the control of newly developed technologies.

upsc: functions & responsibilities of the union and the states
  1. Kartik Raman
    Kartik Raman Begginer

    The Union government of India has significant responsibilities in the areas of science and technology. These responsibilities encompass funding and coordinating research and development (R&D), promoting innovation, and regulating emerging technologies. Here’s an evaluation of these roles: FundinRead more

    The Union government of India has significant responsibilities in the areas of science and technology. These responsibilities encompass funding and coordinating research and development (R&D), promoting innovation, and regulating emerging technologies. Here’s an evaluation of these roles:

    Funding and Coordination of Research and Development

    1. Budget Allocation and Funding:

    • The Union government allocates funds for R&D through various ministries and departments, notably the Department of Science and Technology (DST), the Department of Biotechnology (DBT), and the Ministry of Electronics and Information Technology (MeitY).
    • The budgetary allocation aims to support scientific research institutions, universities, and laboratories across the country.

    2. Major Initiatives and Programs:

    • INSPIRE (Innovation in Science Pursuit for Inspired Research): Aims to attract talent to the study of science and foster a scientific temper among students.
    • SERB (Science and Engineering Research Board): Supports basic research in emerging areas of science and engineering.
    • PM-STIAC (Prime Minister’s Science, Technology, and Innovation Advisory Council): Advises on policies and initiatives to promote scientific research and innovation.

    3. Coordination Mechanisms:

    • The government coordinates R&D activities through various bodies like the Council of Scientific and Industrial Research (CSIR) and the Indian Council of Medical Research (ICMR).
    • National Mission on Interdisciplinary Cyber-Physical Systems (NM-ICPS): Focuses on the convergence of technologies like AI, IoT, and robotics.

    Promotion of Innovation

    1. Start-up Ecosystem and Incubation Centers:

    • Startup India Initiative: Encourages entrepreneurship by providing tax exemptions, funding support, and ease of business.
    • Atal Innovation Mission (AIM): Establishes Atal Tinkering Labs and Atal Incubation Centers to foster innovation and entrepreneurship.

    2. Intellectual Property Rights (IPR):

    • The Union government has streamlined the IPR regime to protect and promote innovations. The initiatives include expedited patent examination processes and awareness programs about IPR.

    3. Public-Private Partnerships:

    • Encourages collaboration between public institutions and private companies to drive innovation. Examples include biotechnology parks and software technology parks.

    Regulation of Emerging Technologies

    1. Policy Frameworks and Regulations:

    • National Digital Communications Policy: Aims to harness emerging technologies like 5G and IoT while ensuring security and privacy.
    • AI and Big Data: The government is working on frameworks to regulate AI and big data to balance innovation with ethical considerations.

    2. Ethical and Security Concerns:

    • Data Protection Bill: Aims to address privacy and data security issues related to the digital economy.
    • National Strategy on AI: Focuses on the responsible and inclusive development of AI, emphasizing ethics, transparency, and accountability.

    3. Sector-Specific Regulations:

    • Biotechnology and GMOs: The Genetic Engineering Appraisal Committee (GEAC) oversees the use of genetically modified organisms.
    • Medical Devices and Pharmaceuticals: The Central Drugs Standard Control Organization (CDSCO) regulates the safety and efficacy of medical technologies and pharmaceuticals.

    Conclusion

    The Union government of India plays a pivotal role in advancing science and technology through substantial funding, coordinated research efforts, and fostering an environment conducive to innovation. By promoting public-private partnerships, supporting start-ups, and establishing robust regulatory frameworks, the government ensures the ethical and secure development of emerging technologies. This comprehensive approach aims to position India as a global leader in scientific research and technological innovation while addressing societal challenges and ensuring sustainable development.

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Kriti Agarwal
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Kriti AgarwalBegginer
Asked: July 16, 2024In:
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Examine the federal framework’s provisions about the autonomy of local self-government organizations like municipalities and panchayats. Talk about the issues and arguments underlying the transfer of authority to these local organizations.

upsc: functions & responsibilities of the union and the states
  1. Sani Sahgal
    Sani Sahgal Begginer

    In India, local self-government institutions such as Panchayats (at the village, intermediate, and district levels) and Municipalities (at the urban level) are recognized as the third tier of government, after the Union and State governments. These institutions are critical for decentralized governaRead more

    In India, local self-government institutions such as Panchayats (at the village, intermediate, and district levels) and Municipalities (at the urban level) are recognized as the third tier of government, after the Union and State governments. These institutions are critical for decentralized governance and ensuring democratic participation at the grassroots level.

    The Constitution of India provides for the autonomy of local self-government institutions through the 73rd and 74th Constitutional Amendments, which introduced provisions for the establishment of Panchayats and Municipalities with a significant degree of autonomy and powers. These institutions are responsible for the planning and implementation of local development schemes, provision of essential services, and addressing the needs of the local population.

    Despite these constitutional provisions, there are several challenges and debates surrounding the devolution of powers to these grassroots-level bodies. Some of the key challenges include:

    Lack of financial autonomy: In many cases, local self-government institutions lack financial resources and depend heavily on the State government for funding. This limits their ability to function effectively and address the needs of the local population.

    Political interference: Local self-government institutions often face political interference from higher levels of government, which can impede their autonomy and decision-making powers.

    Capacity and resource constraints: Many Panchayats and Municipalities lack the capacity and resources to effectively plan and implement development initiatives. This can hinder their ability to meet the needs of the local population and deliver essential services.

    Uneven implementation: The decentralization of powers to local self-government institutions has not been uniform across states and regions. In some cases, these institutions have been marginalized and their autonomy undermined by the state government.

    Lack of awareness and participation: There is a lack of awareness and participation among the local population in the functioning of Panchayats and Municipalities. This can limit their effectiveness and accountability.

    Overall, while the constitutional provisions for the autonomy of local self-government institutions are a positive step towards decentralized governance, several challenges need to be addressed to ensure their effective functioning. These include strengthening financial autonomy, reducing political interference, building capacity and resources, ensuring uniform implementation, and promoting awareness and participation among the local population. Only by overcoming these challenges can Panchayats and Municipalities truly serve as effective vehicles for local governance and development.

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Anirudh Singh
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Anirudh SinghLearner
Asked: July 16, 2024In:
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Examine the Constitution’s provisions about the founding of new States and the realignment of already-existing State borders. Analyze the elements that contributed to the creation of new Indian states after independence.

upsc: functions & responsibilities of the union and the states
  1. Sani Sahgal
    Best Answer
    Sani Sahgal Begginer

    movements seeking separate statehood. Administrative efficiency: Reorganization of States has also been done to improve administrative efficiency and governance. States like Chhattisgarh and Uttarakhand were created with this goal in mind. Resource distribution: In some cases, the formation of new SRead more

    movements seeking separate statehood.

    Administrative efficiency: Reorganization of States has also been done to improve administrative efficiency and governance. States like Chhattisgarh and Uttarakhand were created with this goal in mind.

    Resource distribution: In some cases, the formation of new States has been driven by the desire for better distribution of resources and development opportunities. States like Sikkim and Mizoram were granted statehood to address the unique needs and aspirations of their people.

    Historical considerations: Some new States have been formed based on historical factors and regional identities. States like Nagaland and Manipur were granted statehood to recognize and preserve their distinct cultural heritage.

    Overall, the creation of new States in India has been a complex and dynamic process, shaped by a range of political, social, and economic factors. The provisions in the Constitution allow for flexibility in addressing the diverse needs and aspirations of the country’s population.

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Mamta Rani
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Mamta RaniLearner
Asked: July 16, 2024In:
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Examine the Union government’s involvement in managing the nation’s infrastructure, including the roads, trains, and telecommunications, as well as in regulating interstate commerce.

upsc: functions & responsibilities of the union and the states
  1. Jugunu Kamran
    Jugunu Kamran Begginer

    The Union government of India plays a significant role in the regulation of interstate commerce and management of national infrastructure, which is crucial for the country's economic growth and development. Here's an assessment of its role: Regulation of Interstate Commerce: Goods and Services Tax (Read more

    The Union government of India plays a significant role in the regulation of interstate commerce and management of national infrastructure, which is crucial for the country’s economic growth and development. Here’s an assessment of its role:

    Regulation of Interstate Commerce:

    Goods and Services Tax (GST): The GST, introduced in 2017, is a significant step towards uniform taxation across the country, simplifying and consolidating multiple taxes into a single tax.
    Antitrust Law: The Competition Act, 2002, regulates business competition to ensure fair trade practices, prevent monopolies, and promote entrepreneurship.
    Insolvency and Bankruptcy Code: The Insolvency and Bankruptcy Code, 2016, aims to resolve insolvency issues efficiently, promote recovery of debts, and reduce the risk of bankruptcy.
    Indian Railways Act: The Indian Railways Act, 1989, regulates the Indian Railways network, ensuring efficient and safe transportation services.
    Management of National Infrastructure:

    Railway Ministry: The Ministry of Railways is responsible for the development and operation of the Indian Railways network, which is one of the largest in the world.
    National Highways Authority of India (NHAI): NHAI is responsible for the development and maintenance of national highways, connecting major cities and towns across India.
    Telecommunications Regulatory Authority of India (TRAI): TRAI regulates the telecommunications sector, ensuring fair competition, quality services, and adequate infrastructure for both consumers and service providers.
    Power Grid Corporation of India Limited (PGCIL): PGCIL is responsible for the transmission and distribution of electricity across India, ensuring a reliable and efficient power supply.
    Challenges and Limitations:

    Bottlenecks in Infrastructure Development: The lack of adequate infrastructure facilities, such as roads, railways, and telecommunications networks, hinders economic growth and development.
    Regulatory Delays: Overly complex regulatory procedures can lead to delays in project approvals, affecting business growth and investment.
    Corruption: Corruption in regulatory bodies can lead to inefficiencies, favoritism, and poor governance.
    Opportunities for Improvement:

    Digitalization: Leverage technology to streamline regulatory processes, increase transparency, and enhance public services.
    Public-Private Partnerships: Foster collaborations between government agencies and private entities to accelerate infrastructure development and improve services.
    Infrastructure Development Funding: Increase funding for infrastructure development through various channels, such as public-private partnerships, foreign investment, and government initiatives.
    Conclusion:

    The Union government plays a crucial role in regulating interstate commerce and managing national infrastructure in India. While there are challenges and limitations, the government’s efforts have improved the business environment and promoted economic growth. To further improve, it is essential to address these challenges by leveraging technology, fostering public-private partnerships, increasing funding for infrastructure development, and ensuring transparent governance practices.

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Akash Patel
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Akash PatelBegginer
Asked: July 15, 2024In:
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Examine how the National Development Council and the Inter-State Council, two institutions for cooperative decision-making between the Union and the States, affect the formulation of public policy.

upsc: functions & responsibilities of the union and the states
  1. Nishi Desai
    Nishi Desai Begginer

    Certainly, I'd be happy to analyze the mechanisms for collaborative decision-making between the Union and the States in India and their influence on the policymaking process. The Indian Constitution establishes a federal structure, where powers are divided between the Union government and the StateRead more

    Certainly, I’d be happy to analyze the mechanisms for collaborative decision-making between the Union and the States in India and their influence on the policymaking process.

    The Indian Constitution establishes a federal structure, where powers are divided between the Union government and the State governments. To facilitate coordination and collaboration between the Union and the States, the Constitution provides for several institutional mechanisms:

    Inter-State Council (ISC):

    • The ISC is a constitutional body established under Article 263 of the Constitution.
    • The Prime Minister chairs it and comprises Chief Ministers of all States and Union Territories, as well as selected Union Ministers.
    • The primary functions of the ISC include:
      • Investigating and discussing subjects in which the Union and the States have a common interest.
      • Making recommendations for better coordination of policy and action concerning these subjects.
      • Deliberating upon such other matters of general interest to the States as may be referred to it.
      • The ISC serves as a platform for the Union and the States to discuss and resolve issues related to Centre-State relations, resource allocation, and policy harmonization.

    National Development Council (NDC):

    • The NDC is a non-statutory body that was established in 1952 to strengthen and mobilize the effort and resources of the nation for the implementation of the Five-Year Plans.
    • The Prime Minister chairs it and comprises Chief Ministers of all States, Administrators of Union Territories, members of the Planning Commission (now NITI Aayog), and select Union Cabinet Ministers.
    • The NDC’s key functions include:
      • Reviewing the working of the national plan, including assessing resources for the plan.
      • Considering important questions of social and economic policy affecting national development.
      • Recommending measures for the achievement of the aims and targets set out in the national plan.
    • The NDC provides a platform for the Union and the States to deliberate on the development priorities, allocation of resources, and the implementation of national development plans.

    The collaborative decision-making mechanisms of the ISC and NDC have a significant influence on the policymaking process in India:

    • They facilitate greater coordination and consensus-building between the Union and the States on policy issues.
    • They enable the States to voice their concerns and priorities, which can then be incorporated into the national policymaking process.
    • The recommendations and decisions of the ISC and NDC often serve as the basis for formulating and implementing national policies and programs.
    • The collaborative approach helps to address the challenges of fiscal federalism, resource distribution, and regional imbalances.
    • However, the effectiveness of these mechanisms has been a subject of debate, with concerns raised about their limited decision-making powers and the lack of binding enforcement of their recommendations.

    Overall, the Inter-State Council and the National Development Council play a crucial role in facilitating the collaborative decision-making between the Union and the States, and their influence on the policymaking process is significant, albeit with some limitations.

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Arjun Sharma
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Arjun SharmaBegginer
Asked: July 15, 2024In:
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Examine how the Union administration controls and coordinates the operations of the States, especially when it comes to the application of Article 356 (President’s Rule) and other emergency authorities. Talk about the arguments for and against using these clauses appropriately.

upsc: functions & responsibilities of the union and the states
  1. Kamini g
    Kamini g Learner

    The role of the Union government in regulating and coordinating the functioning of the States is a complex and often debated topic in Indian federalism. The Indian Constitution has provided the Union government with certain emergency powers, particularly through the use of Article 356 (President's RRead more

    The role of the Union government in regulating and coordinating the functioning of the States is a complex and often debated topic in Indian federalism. The Indian Constitution has provided the Union government with certain emergency powers, particularly through the use of Article 356 (President’s Rule), to intervene in the affairs of the States under specific circumstances.

    The rationale behind these provisions is to ensure the smooth functioning of the democratic system and the preservation of the Constitution, particularly in situations where the State government is unable to carry out its constitutional obligations or where there is a breakdown of the constitutional machinery.

    The use of Article 356 has been a subject of significant debate and controversy over the years. Proponents argue that it is a necessary tool to maintain national unity and stability, and to protect the rights of citizens when a State government is unable or unwilling to do so. They believe that the Union government should have the power to step in and restore order when there is a threat to the democratic process or the Constitution.

    On the other hand, critics argue that the provision has been misused by the Union government for political purposes, to dismiss democratically elected State governments and impose its own rule. They contend that this undermines the federal structure and the autonomy of the States, and that the Union government should exercise restraint in invoking these emergency powers.

    The debates surrounding the use of Article 356 and other emergency powers have led to various reforms and attempts to limit their abuse. For instance, the Supreme Court, in the S.R. Bommai case, has laid down certain guidelines and restrictions on the use of Article 356, emphasizing the need for a factual assessment of the situation and the exhaustion of other remedies before resorting to this provision.

    Additionally, the 44th Amendment to the Constitution in 1978 introduced certain safeguards, such as the requirement of a report from the Governor of the State and the need for the approval of both Houses of Parliament for the continuation of President’s Rule beyond two months.

    Despite these reforms, the appropriate use of emergency powers by the Union government in regulating and coordinating the functioning of the States remains a contentious issue. It requires a delicate balance between maintaining national unity and preserving the federal structure, as well as ensuring the protection of democratic rights and the autonomy of the States.

    Ultimately, the successful functioning of Indian federalism depends on the Union government exercising its emergency powers judiciously, in a manner that upholds the principles of democracy, federalism, and the rule of law.

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Kusum Mehara
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Kusum MeharaBegginer
Asked: July 15, 2024In:
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Examine the Union’s and the States’ financial authorities and obligations, taking into account the Finance Commission’s function and the rules governing the distribution of tax income. Talk about the arguments and difficulties

upsc: functions & responsibilities of the union and the states
  1. Aditya Sharma
    Aditya Sharma Begginer

    The financial powers and responsibilities of the Union and the States in India are structured to ensure both levels of government can operate effectively while addressing the diverse needs of the country. This structure includes provisions for tax revenue sharing, the role of the Finance Commission,Read more

    The financial powers and responsibilities of the Union and the States in India are structured to ensure both levels of government can operate effectively while addressing the diverse needs of the country. This structure includes provisions for tax revenue sharing, the role of the Finance Commission, and ongoing challenges in fiscal federalism.

    Financial Powers and Responsibilities
    Union Government
    Taxation Powers:

    The Union government has exclusive powers to levy taxes on income (above a certain threshold), customs duties, excise duties on certain products, corporate tax, and goods and services tax (GST) on inter-state trade.
    Union List: Includes taxes like income tax and customs duties.
    Borrowing Powers:

    The Union can borrow money from both domestic and international sources, which allows it to fund development projects and manage national expenditures.
    Expenditure Responsibilities:

    The Union government is responsible for national defense, foreign affairs, and economic planning, necessitating significant financial resources.
    State Governments
    Taxation Powers:

    States can levy taxes on property, agricultural income, sales tax (now largely replaced by GST), and various local taxes.
    State List: Includes taxes like land revenue, state excise, and sales tax on goods not covered by GST.
    Expenditure Responsibilities:

    States are primarily responsible for public health, education, infrastructure development, and law and order, necessitating a stable revenue base.
    Sharing of Tax Revenues
    Goods and Services Tax (GST):

    Implemented in 2017, GST replaced multiple indirect taxes with a single tax system, with revenue shared between the Centre and states. The GST Council determines the rates and revenue distribution.
    The GST aims to create a seamless tax system and improve compliance.
    Tax Revenue Sharing:

    The Constitution provides for the distribution of tax revenues between the Centre and states, particularly through the recommendations of the Finance Commission.
    The Finance Commission assesses the financial needs of states and recommends the formula for distributing central tax revenues.
    Role of the Finance Commission
    Constitutional Mandate:
    Established under Article 280, the Finance Commission is constituted every five years to recommend the distribution of tax revenues between the Union and states and among the states themselves.
    Functions:
    Revenue Sharing: It recommends how much of the central taxes should be allocated to states.
    Grants-in-Aid: It recommends grants for states to address specific needs, especially for those with limited revenue-generating capabilities.
    Fiscal Responsibility: Encourages states to maintain fiscal discipline.
    Challenges and Debates Surrounding Fiscal Federalism
    Centralization of Revenue Powers:

    Issue: The Union government holds significant powers over major revenue sources, leading to concerns about the fiscal autonomy of states.
    Debate: This centralization can undermine state-specific needs and priorities.
    Unequal Revenue Distribution:

    Issue: States with lower economic capacity often depend heavily on central transfers, leading to fiscal imbalances.
    Debate: Discussions around revising the formula for revenue sharing to better reflect states’ needs and economic disparities.
    Implementation of GST:

    Issue: While GST aims to simplify tax structures, its implementation has faced challenges, including compliance issues and disputes over revenue sharing.
    Debate: States have expressed concerns about revenue losses and delays in compensation from the Centre.
    Fiscal Responsibility:

    Issue: Many states struggle with maintaining fiscal discipline, leading to debates over the need for a more robust framework for fiscal responsibility.
    Debate: Discussions on enhancing accountability and transparency in state finances.
    Impact of Economic Disparities:

    Issue: Economic inequalities among states affect their revenue generation capabilities and access to resources.
    Debate: Calls for a more equitable distribution mechanism that takes into account economic disparities and developmental needs.
    Conclusion
    The financial powers and responsibilities of the Union and states are central to India’s federal structure. The mechanisms for sharing tax revenues and the role of the Finance Commission play crucial roles in maintaining fiscal balance. However, challenges in fiscal federalism, including centralization, revenue disparities, and implementation issues, necessitate ongoing dialogue and reform to ensure that both levels of government can effectively address the needs of their citizens.

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Aditya Sharma
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Aditya SharmaBegginer
Asked: July 15, 2024In:
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Analyze the Union’s and the States’ executive branches’ respective powers as well as the systems that facilitate communication and collaboration between them. Examine the President’s, the Governor’s, and the administrative apparatus’s roles in the use of these authorities.

upsc: functions & responsibilities of the union and the states
  1. Anirudh Singh
    Anirudh Singh Learner

    The executive powers of the Union and the States in India are defined by the Constitution, which sets up a federal structure with a clear division of powers and responsibilities. The coordination and cooperation between these two levels of government are crucial for the effective governance of the cRead more

    The executive powers of the Union and the States in India are defined by the Constitution, which sets up a federal structure with a clear division of powers and responsibilities. The coordination and cooperation between these two levels of government are crucial for the effective governance of the country.

    Executive Powers of the Union
    President of India
    The President of India is the head of the Union executive. The executive powers of the Union are vested in the President, who exercises these powers either directly or through officers subordinate to him by the Constitution.

    Executive Powers: These include the power to appoint the Prime Minister and other ministers, who will form the Union Cabinet. The President also appoints key officials like the Attorney General of India, Comptroller and Auditor General, Governors of States, and Ambassadors.

    Legislative Powers: The President can summon and prorogue the sessions of Parliament and dissolve the Lok Sabha. He also has the power to promulgate ordinances when Parliament is not in session.

    Military Powers: The President is the supreme commander of the defense forces of India. He can declare war and conclude peace, subject to the approval of Parliament.

    Judicial Powers: The President appoints the Chief Justice and other judges of the Supreme Court and High Courts. He also has the power to grant pardons, reprieves, respites, or remissions of punishment.

    Emergency Powers: The President can declare a national emergency, state emergency, or financial emergency, which significantly alters the balance of power between the Union and the States.

    Executive Powers of the States
    Governor
    The Governor is the head of a State’s executive. The executive powers of the State are vested in the Governor, who exercises these powers directly or through officers subordinate to him.

    Executive Powers: The Governor appoints the Chief Minister and other ministers of the State. He also appoints the Advocate General and members of the State Public Service Commission.

    Legislative Powers: The Governor can summon and prorogue the sessions of the State Legislature and dissolve the Legislative Assembly. He can also promulgate ordinances when the Legislature is not in session.

    Judicial Powers: The Governor appoints the judges of the District Courts and other subordinate courts in the State. He also has the power to grant pardons and reprieves for offenses against laws made by the State Legislature.

    Discretionary Powers: In certain situations, the Governor can act in his discretion, independent of the advice of the Council of Ministers. This includes cases like reserving a bill for the consideration of the President.

    Mechanisms for Coordination and Cooperation
    Inter-State Council: Established under Article 263 of the Constitution, this council is designed to facilitate coordination between the Union and the States. It serves as a forum for discussing policies and disputes.

    Zonal Councils: These are statutory bodies established under the States Reorganization Act of 1956 to promote interstate cooperation and coordination. There are five Zonal Councils: Northern, Central, Eastern, Western, and Southern.

    Finance Commission: Appointed every five years, the Finance Commission recommends the distribution of financial resources between the Union and the States. It addresses issues related to fiscal federalism and ensures equitable distribution of resources.

    National Development Council: This body includes the Prime Minister, Union Ministers, Chief Ministers of States, and members of the Planning Commission. It works to achieve coordinated economic planning and development.

    Administrative Machinery: The All-India Services, which include the Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Forest Service (IFS), play a critical role in maintaining administrative continuity and uniformity across the Union and the States. Officers of these services are recruited by the Union but serve both the Union and State governments, ensuring a unified administrative structure.

    Role of the President and the Governor
    President: The President’s role is largely ceremonial, but he plays a crucial role in the functioning of the parliamentary system of government. His discretionary powers during emergencies and his role in the appointment of key officials underscore his importance in the executive framework.

    Governor: The Governor acts as the link between the Union and the State. He ensures that the State government functions within the framework of the Constitution. His discretionary powers, such as reserving bills for the President’s consideration and reporting the breakdown of constitutional machinery in the State, are vital for maintaining federal balance.

    In summary, the executive powers of the Union and the States are distinct yet interdependent. The President and the Governors play pivotal roles in the exercise of these powers, and various mechanisms are in place to ensure coordination and cooperation between the two levels of government. This federal structure aims to balance the autonomy of States with the unity of the nation, fostering cooperative governance.

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Aditi Sharma
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Aditi SharmaBegginer
Asked: July 15, 2024In:
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Talk about how the Seventh Schedule of the Indian Constitution divides up the legislative authority between the Union and the States. Examine the Union, State, and Concurrent Lists’ justifications as well as the arguments about their overlap and extent.

upsc: functions & responsibilities of the union and the states
  1. Malti devi
    Malti devi Learner

    The distribution of legislative powers between the Union and the States is a fundamental aspect of India's federal structure, as outlined in the Seventh Schedule of the Indian Constitution. The Seventh Schedule comprises three distinct lists that delineate the legislative competence of the Union andRead more

    The distribution of legislative powers between the Union and the States is a fundamental aspect of India’s federal structure, as outlined in the Seventh Schedule of the Indian Constitution. The Seventh Schedule comprises three distinct lists that delineate the legislative competence of the Union and the States.

    The Three Lists:

    1.Union List (List I): This list enumerates the subjects on which the Parliament has the exclusive power to legislate. It includes matters of national importance, such as defense, foreign affairs, banking, and telecommunications.
    2.State List (List II): This list outlines the subjects on which the State Legislatures have the exclusive power to legislate. It encompasses matters of local and regional importance, such as public order, health, and agriculture.
    3.Concurrent List (List III): This list includes subjects on which both the Parliament and the State Legislatures have the power to legislate. It covers areas such as criminal law, civil procedure, education, and forests.

    Rationale and Debates:

    The division of legislative powers between the Union and the States is based on the principle of cooperative federalism, which seeks to balance the needs of national unity and regional autonomy.

    The rationale behind the Union List is to ensure the effective governance of the country as a whole, granting the Union the power to address matters of national importance. The State List, on the other hand, recognizes the diverse regional and local needs, allowing the States to have autonomy in managing their affairs.

    The Concurrent List reflects the areas of shared legislative competence, acknowledging the interdependence between the Union and the States. This list allows for a degree of uniformity in certain matters while still preserving the States’ ability to legislate based on their specific requirements.

    However, the scope and overlap between these lists have been the subject of ongoing debates and tensions. For instance, the expansive interpretation of the Union List by the judiciary has sometimes led to the encroachment of the States’ legislative domain. Similarly, the interpretation of the Concurrent List has been a source of friction, with the Union and the States often asserting their respective claims.

    These debates have also extended to the legislative process, with the States advocating for greater autonomy and the Union seeking to maintain national unity and coordination. The passage of laws under the Concurrent List, in particular, has been a contentious issue, with the States arguing for stronger safeguards against the Union’s overreach.

    Attempts to Address the Challenges:

    To address the challenges arising from the distribution of legislative powers, various mechanisms have been employed, such as:

    • The establishment of Inter-State Councils and other coordination forums to facilitate cooperation and dialogue between the Union and the States.
    • The use of the doctrine of “pith and substance” by the judiciary to determine the true nature of a law and its legislative competence.
    • The provision for the President’s assent in certain cases, ensuring a degree of oversight and coordination.

    The ongoing evolution of the Indian federalism and the continued efforts to strike a balance between national unity and regional autonomy will be crucial in addressing the challenges posed by the distribution of legislative powers.

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Raudas Singh
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Raudas SinghBegginer
Asked: June 29, 2024In:
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For India’s constitutional government to remain in place, the Governor position must be changed. In light of the recent scandals involving the Governors’ office, talk about. (Answer in 150 words)

upsc: functions & responsibilities of the union and the states
  1. Babita Singh
    Babita Singh Begginer

    Article 154 vests the executive power of the State in the Governor. Article 163 categorically provides that there shall be a Council of Ministers to aid and advise the Governor except when this Constitution requires him to exercise his functions in his discretion. This discretionary power and ambiguRead more

    Article 154 vests the executive power of the State in the Governor. Article 163 categorically provides that there shall be a Council of Ministers to aid and advise the Governor except when this Constitution requires him to exercise his functions in his discretion.
    This discretionary power and ambiguity in certain provisions is sometimes misused by the Governor leading to certain controversies, which have been seen in recent times also:

    • The Telangana government filed a petition in Supreme Court, seeking a direction to the Governor, to grant assent to Bills passed by the State Assembly.
    • Recently, the Apex Court also disposed of a petition from the Punjab Government that was aggrieved by an alleged delay in the Governor summoning the Assembly.
    • Tamil Nadu Governor’s refusal to abide by the State Cabinet’s recommendation to release the Rajiv Gandhi assassination case convict and forward his pardon plea to the President.
    • Recently, the Kerala High Court restrained the Governor of the state in his capacity as Chancellor of universities, from passing final orders on the show cause notices he issued to VCs of eight universities.

    Such instances do not augur well for constitutional governance. Therefore, it has been argued that the office of Governor needs reforms as highlighted below:

    • Committee for Appointment: Appointing the Governor from a body comprising representatives of both the states and the Centre as well as from the judiciary will ensure fair play and address the perception of bias.
    • Security of tenure: It would ensure impartiality and independence of the office; and governors would be able to make their decision in the public interest rather than in the political interest.
    • Code of conduct for Governor: It should lay down certain ‘norms and principles’, which should guide the exercise of the governor’s ‘discretion’.
    • Strengthening of Federalism: In order to check misuse of the office of Governor, there is a need to strengthen the federal setup in India by strengthening Inter-State Council and the role of Rajya Sabha as the chamber of federalism.
    • Removing its role as Chancellor of Universities: As suggested by Punchhi Commission, ending the practice of burdening Governors with the office of Chancellor in Universities should also be considered after establishing alternative means of protecting University autonomy.
    • No office of profit: The person appointed as Governor should not be eligible for any other appointment or office of profit under the Union or State Government except for a second term as Governor or election as Vice-President or President of India.

    These reforms would ensure that the faith of the citizens in India’s democratic institutions increases and the scope for allegations of foul play is reduced, leading towards better governance.

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