Examine the following pairs that give the level of Government in India and the powers of the government at that level to make laws on the subjects mentioned against each. Which of the following pairs is not correctly matched?
A.State Government-State List
B.Central Government-Union List
C.Central and State Government-Concurrent List
D.Local Governments-Residuary Powers
Answer
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Hint: There is a clear cut well-defined division of powers between the Union and state-level governments. This division of power is mentioned in the Seventh Schedule of the Constitution which contains three lists with legislative subjects: Union List, State List and Concurrent List. The subjects which are not included in either of these three lists are known as residuary powers.
Complete Step by Step answer: India is often referred to as a quasi-federation which means that it has features of both a federation and a union. The federal arrangement created by the Constitution meets the basic normative requirements of federalism. At the same time, it also has certain specific additional and unitary features that make Indian federalism unique. There is a clear cut well-defined division of powers between the Union and state-level governments. This division of power is mentioned in the Seventh Schedule of the Constitution which contains three lists with legislative subjects: Union List, State List and Concurrent List.
Let's look at the options :
Option A: This pairing is correct because the State Governments have the exclusive right to make laws for the subjects provided under the State List.
Option B: This pairing is correct because the Union/Central Government have the exclusive right to make laws for the subjects provided under the Union List.
Option C: This pairing is correct because both the State Governments and the Central Government have the right to make laws for the subjects provided under the Concurrent List.
Option D: This pairing is incorrect because the residuary powers which are subjects not mentioned in either of the three lists can only be legislated upon by the Central Government.
Note: The Union List has 97 numbered topics, the State List has 66 numbered topics and the Concurrent List has 47 numbered topics. In the 42nd Constitutional Amendment of 1976, five topics were moved from the State List to the Concurrent List.
Complete Step by Step answer: India is often referred to as a quasi-federation which means that it has features of both a federation and a union. The federal arrangement created by the Constitution meets the basic normative requirements of federalism. At the same time, it also has certain specific additional and unitary features that make Indian federalism unique. There is a clear cut well-defined division of powers between the Union and state-level governments. This division of power is mentioned in the Seventh Schedule of the Constitution which contains three lists with legislative subjects: Union List, State List and Concurrent List.
Let's look at the options :
Option A: This pairing is correct because the State Governments have the exclusive right to make laws for the subjects provided under the State List.
Option B: This pairing is correct because the Union/Central Government have the exclusive right to make laws for the subjects provided under the Union List.
Option C: This pairing is correct because both the State Governments and the Central Government have the right to make laws for the subjects provided under the Concurrent List.
Option D: This pairing is incorrect because the residuary powers which are subjects not mentioned in either of the three lists can only be legislated upon by the Central Government.
Note: The Union List has 97 numbered topics, the State List has 66 numbered topics and the Concurrent List has 47 numbered topics. In the 42nd Constitutional Amendment of 1976, five topics were moved from the State List to the Concurrent List.
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