Centre-State Relations Questions and Answers

Q: With reference to the Goods and Services Tax (GST) Council, consider the following statements :1. The GST Council is a constitutional body constituted under Article 279A of the Indian Constitution.2. It is chaired by the Prime Minister.3. The Revenue Secretary acts as the ex-officio Secretary to the GST Council.4. The recommendations of the GST Council are binding on the union and state governments.Which of the statements given above are correct ?

Statements 1 and 3 are correct, so the answer is 1 and 3 only.The GST Council is a constitutional body under Article 279A, inserted by the 101st Amendment Act, 2016. The Union Revenue Secretary is its ex-officio Secretary.Statement 2 is wrong: the Council is chaired by the Union Finance Minister, not the Prime Minister. Statement 4 is wrong too: in Union of India v. Mohit Minerals (2022), the Supreme Court held that the Council's recommendations are persuasive, not binding on Parliament and the state legislatures.

Q: 'Which of the following federal principles are not found in Indian federation?1. Bifurcation of the judiciary between the Federal and State Governments2. Equality of representation of all the states in the upper house of the Federal Legislature3. The Union cannot be destroyed by any state seceding from the Union at its will4. Federal Government can redraw the map of the Indian Union by forming new States

The principles not found are 1 and 2 only.India has a single, integrated judiciary, with the Supreme Court above the High Courts, rather than separate federal and state court systems (1). And states are not equally represented in the Rajya Sabha; seats are allotted roughly by population, unlike the US Senate (2).Items 3 and 4 do describe India: no state has a right to secede, and under Article 3 Parliament can form new states and alter boundaries. Since they are found in the Indian system, options including them are wrong.

Q: In case of repugnancy between the law made by the Parliament and the law made by the State Legislature, with respect to any matter enumerated in concurrent list;

The answer is by virtue of Article 254, law made by Parliament shall prevail.Article 254(1) provides that if a State law on a Concurrent List matter is repugnant to a law made by Parliament, the Parliamentary law prevails and the State law is void to the extent of the repugnancy. Under Article 254(2), a State law that has received the President's assent can prevail in that State, but Parliament can still later override it.Article 246 distributes legislative power among the Union, State and Concurrent Lists; it is Article 254 that resolves repugnancy, and its rule favours Parliament.

Q: In the case of inconsistency between laws made by Parliament and laws made by state legislatures, which one of the following shall prevail ?

The law made by Parliament prevails irrespective of whether the State law was made before or after it.Article 254(1) provides that if a State law on a Concurrent List matter is repugnant to a law made by Parliament, the law made by Parliament, 'whether passed before or after' the State law, prevails, and the State law is void to the extent of the repugnancy. The timing of the two laws does not matter.The only route by which a State law can prevail is Article 254(2): a State law reserved for and given the President's assent prevails in that State, and even then Parliament can later amend or repeal it. That exception does not make the State law prevail generally, so the option giving priority to the State legislature is wrong, and the options tying the result to the order of enactment misstate the rule.

Q: Article 254(2) provides that where a state law with respect to a matter in the Concurrent List contains any provision repugnant to the provisions of a previous central law, with respect to that matter :

Under Article 254(2), the state law prevails if it has been reserved for the President's consideration and has received his assent.The general rule in Article 254(1) is that a central law prevails over a repugnant state law on a Concurrent List matter. Clause (2) creates an exception: if the state law was reserved for the President and received his assent, it prevails in that state. Parliament can still later amend or repeal it by a fresh law.So the state law does not prevail without assent (A), it can prevail (C is wrong), and the question is which law prevails, not that neither does (D).

Q: Article 371(2) enables the President to lay special responsibility on the Governor of which states for the development of certain areas of that states ?

Article 371(2) concerns Maharashtra and Gujarat (printed 'Gujrat').It allows the President to give the Governors of Maharashtra and Gujarat special responsibility for establishing separate development boards for Vidarbha, Marathwada and the rest of Maharashtra, and for Saurashtra, Kutch and the rest of Gujarat, with equitable allocation of funds, technical education and employment.Nagaland and Mizoram have special provisions under Articles 371A and 371G, Sikkim under 371F and Karnataka under 371J, while Andhra Pradesh's provisions are in Articles 371D and 371E.

Q: A commission was constituted in 1983 to examine and review the working of existing arrangements between the centre and the states is :

The commission is the Sarkaria Commission.The Government of India set up a commission under Justice R.S. Sarkaria in 1983 to examine and review centre-state arrangements in legislative, administrative and financial matters. It reported in 1988 with recommendations on matters such as the role of Governors, the use of Article 356 and the creation of an Inter-State Council.The Kalelkar Committee (1953) was the first Backward Classes Commission, the Santhanam Committee (1962-64) dealt with prevention of corruption, and the Mandal Commission (1979) was the second Backward Classes Commission.

Q: Article 246 A under the Constitution of India, came to be inserted to provide special provision with respect to :

Article 246A provides for Goods and Services Tax.The Constitution (One Hundred and First Amendment) Act, 2016 inserted Article 246A, giving Parliament and the state legislatures concurrent power to make laws on goods and services tax, with Parliament alone legislating on GST for inter-state supplies. It came into force with GST on 1 July 2017.Customs duty remains a Union subject under the Seventh Schedule, sales tax on most goods was subsumed into GST, and income tax is under Entry 82 of the Union List. None of these needed Article 246A.

Q: No Act of Parliament concerning the following matters, shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides :(i) Religious or social practice of Nagas(ii) Naga customary law and procedures(iii) Administration of civil and criminal justice involving decisions according to Naga customary law(iv) Ownership and transfer of land and its resources

All four are true, so the answer is All are true.Article 371A(1)(a) provides that no Act of Parliament in respect of (i) religious or social practices of the Nagas, (ii) Naga customary law and procedure, (iii) administration of civil and criminal justice involving decisions according to Naga customary law, and (iv) ownership and transfer of land and its resources shall apply to Nagaland unless its Legislative Assembly so decides by resolution.Each of the narrower options leaves out at least one of these four protected matters.

Q: Who has the power to make the law with respect to goods and service tax provided under Art, 246-A when the provision of Article 356 is in operation in a State ?

The power lies with Parliament.Article 246-A gives both Parliament and the State Legislatures power to make laws on goods and services tax. When a proclamation under Article 356 is in force in a State, Article 356(1)(b) declares that the powers of the State Legislature shall be exercisable by or under the authority of Parliament, and Article 357 lets Parliament legislate for the State or delegate that power to the President.The State Legislature is suspended or dissolved during President's Rule, and the Governor acts only as the President's agent. The President may legislate only if Parliament confers that power on him, so the source of the power is Parliament.

21.

With reference to the Goods and Services Tax (GST) Council, consider the following statements :

1. The GST Council is a constitutional body constituted under Article 279A of the Indian Constitution.
2. It is chaired by the Prime Minister.
3. The Revenue Secretary acts as the ex-officio Secretary to the GST Council.
4. The recommendations of the GST Council are binding on the union and state governments.

Which of the statements given above are correct ?

A.1 and 3 only
B.2 and 4 only
C.1, 2 and 3 only
D.1, 3 and 4 only

Exam Year(s)

Punjab Civil Service - 2025,

Answer: A

Statements 1 and 3 are correct, so the answer is 1 and 3 only.

The GST Council is a constitutional body under Article 279A, inserted by the 101st Amendment Act, 2016. The Union Revenue Secretary is its ex-officio Secretary.

Statement 2 is wrong: the Council is chaired by the Union Finance Minister, not the Prime Minister. Statement 4 is wrong too: in Union of India v. Mohit Minerals (2022), the Supreme Court held that the Council's recommendations are persuasive, not binding on Parliament and the state legislatures.

Discuss in Forum

22.

'Which of the following federal principles are not found in Indian federation?

1. Bifurcation of the judiciary between the Federal and State Governments
2. Equality of representation of all the states in the upper house of the Federal Legislature
3. The Union cannot be destroyed by any state seceding from the Union at its will
4. Federal Government can redraw the map of the Indian Union by forming new States

A.1, 2 and 3 only
B.2, 3 and 4 only
C.1 and 2 only
D.3 and 4 only

Exam Year(s)

Punjab Civil Service - 2024,

Answer: C

The principles not found are 1 and 2 only.

India has a single, integrated judiciary, with the Supreme Court above the High Courts, rather than separate federal and state court systems (1). And states are not equally represented in the Rajya Sabha; seats are allotted roughly by population, unlike the US Senate (2).

Items 3 and 4 do describe India: no state has a right to secede, and under Article 3 Parliament can form new states and alter boundaries. Since they are found in the Indian system, options including them are wrong.

Discuss in Forum

23.

In case of repugnancy between the law made by the Parliament and the law made by the State Legislature, with respect to any matter enumerated in concurrent list;

A.by virtue of Article 246 of Constitution of India, law made by the Parliament shall prevail.
B.by virtue of Article 246 of Constitution of India, law made by State Legislature shall prevail.
C.by virtue of Article 254 of Constitution of India, law made by Parliament shall prevail.
D.by virtue of Article 254 of Constitution of India, law made by State Legislature shall prevail.

Exam Year(s)

Rajasthan High Court Civil Judge - 2019, Rajasthan Judicial Service - 2019,

Answer: C

The answer is by virtue of Article 254, law made by Parliament shall prevail.

Article 254(1) provides that if a State law on a Concurrent List matter is repugnant to a law made by Parliament, the Parliamentary law prevails and the State law is void to the extent of the repugnancy. Under Article 254(2), a State law that has received the President's assent can prevail in that State, but Parliament can still later override it.

Article 246 distributes legislative power among the Union, State and Concurrent Lists; it is Article 254 that resolves repugnancy, and its rule favours Parliament.

Discuss in Forum

24.

In the case of inconsistency between laws made by Parliament and laws made by state legislatures, which one of the following shall prevail ?

A.The law made by parliament before the law made by the legislature of the State
B.The law made by the Parliament after the law made by the legislature of the state
C.The law made by the Parliament irrespective of the fact whether the law made by the legislature of the State is before or after the law made by the Parliament
D.The law made by the legislature of the State

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: C

The law made by Parliament prevails irrespective of whether the State law was made before or after it.

Article 254(1) provides that if a State law on a Concurrent List matter is repugnant to a law made by Parliament, the law made by Parliament, 'whether passed before or after' the State law, prevails, and the State law is void to the extent of the repugnancy. The timing of the two laws does not matter.

The only route by which a State law can prevail is Article 254(2): a State law reserved for and given the President's assent prevails in that State, and even then Parliament can later amend or repeal it. That exception does not make the State law prevail generally, so the option giving priority to the State legislature is wrong, and the options tying the result to the order of enactment misstate the rule.

Discuss in Forum

25.

Article 254(2) provides that where a state law with respect to a matter in the Concurrent List contains any provision repugnant to the provisions of a previous central law, with respect to that matter :

A.The state law will prevail without the assent of the President
B.The state law prevails if having been reserved for the consideration of President and has received his assent
C.The state law will not prevail
D.Both the laws will not prevail

Exam Year(s)

MH SET - 2020, SET Exam - 2020,

Answer: B

Under Article 254(2), the state law prevails if it has been reserved for the President's consideration and has received his assent.

The general rule in Article 254(1) is that a central law prevails over a repugnant state law on a Concurrent List matter. Clause (2) creates an exception: if the state law was reserved for the President and received his assent, it prevails in that state. Parliament can still later amend or repeal it by a fresh law.

So the state law does not prevail without assent (A), it can prevail (C is wrong), and the question is which law prevails, not that neither does (D).

Discuss in Forum

26.

Article 371(2) enables the President to lay special responsibility on the Governor of which states for the development of certain areas of that states ?

A.Nagaland and Mizoram
B.Maharashtra and Gujrat
C.Maharashtra and Andhra Pradesh
D.Sikkim and Karnataka

Exam Year(s)

MH SET - 2020, SET Exam - 2020,

Answer: B

Article 371(2) concerns Maharashtra and Gujarat (printed 'Gujrat').

It allows the President to give the Governors of Maharashtra and Gujarat special responsibility for establishing separate development boards for Vidarbha, Marathwada and the rest of Maharashtra, and for Saurashtra, Kutch and the rest of Gujarat, with equitable allocation of funds, technical education and employment.

Nagaland and Mizoram have special provisions under Articles 371A and 371G, Sikkim under 371F and Karnataka under 371J, while Andhra Pradesh's provisions are in Articles 371D and 371E.

Discuss in Forum

27.

A commission was constituted in 1983 to examine and review the working of existing arrangements between the centre and the states is :

A.Kalelkar Committee
B.Santhanam Committee
C.Sarkaria Commission
D.Mandal Commission

Exam Year(s)

MH SET - 2021, SET Exam - 2021,

Answer: C

The commission is the Sarkaria Commission.

The Government of India set up a commission under Justice R.S. Sarkaria in 1983 to examine and review centre-state arrangements in legislative, administrative and financial matters. It reported in 1988 with recommendations on matters such as the role of Governors, the use of Article 356 and the creation of an Inter-State Council.

The Kalelkar Committee (1953) was the first Backward Classes Commission, the Santhanam Committee (1962-64) dealt with prevention of corruption, and the Mandal Commission (1979) was the second Backward Classes Commission.

Discuss in Forum

28.

Article 246 A under the Constitution of India, came to be inserted to provide special provision with respect to :

A.Customs and duty
B.Customs and Sales Tax
C.Goods and Services Tax
D.Income Tax and Sales Tax

Exam Year(s)

MH SET - 2023, SET Exam - 2023,

Answer: C

Article 246A provides for Goods and Services Tax.

The Constitution (One Hundred and First Amendment) Act, 2016 inserted Article 246A, giving Parliament and the state legislatures concurrent power to make laws on goods and services tax, with Parliament alone legislating on GST for inter-state supplies. It came into force with GST on 1 July 2017.

Customs duty remains a Union subject under the Seventh Schedule, sales tax on most goods was subsumed into GST, and income tax is under Entry 82 of the Union List. None of these needed Article 246A.

Discuss in Forum

29.

No Act of Parliament concerning the following matters, shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides :

(i) Religious or social practice of Nagas
(ii) Naga customary law and procedures
(iii) Administration of civil and criminal justice involving decisions according to Naga customary law
(iv) Ownership and transfer of land and its resources

A.Only (i) is true and others are false
B.Only (i), (iii) and (iv) are true
C.Only (ii), (iii) and (iv) are true
D.All are true

Exam Year(s)

MH SET - 2023, SET Exam - 2023,

Answer: D

All four are true, so the answer is All are true.

Article 371A(1)(a) provides that no Act of Parliament in respect of (i) religious or social practices of the Nagas, (ii) Naga customary law and procedure, (iii) administration of civil and criminal justice involving decisions according to Naga customary law, and (iv) ownership and transfer of land and its resources shall apply to Nagaland unless its Legislative Assembly so decides by resolution.

Each of the narrower options leaves out at least one of these four protected matters.

Discuss in Forum

30.

Who has the power to make the law with respect to goods and service tax provided under Art, 246-A when the provision of Article 356 is in operation in a State ?

A.Governor of the State
B.State legislature
C.Parliament
D.President

Exam Year(s)

MH SET - 2024, SET Exam - 2024,

Answer: C

The power lies with Parliament.

Article 246-A gives both Parliament and the State Legislatures power to make laws on goods and services tax. When a proclamation under Article 356 is in force in a State, Article 356(1)(b) declares that the powers of the State Legislature shall be exercisable by or under the authority of Parliament, and Article 357 lets Parliament legislate for the State or delegate that power to the President.

The State Legislature is suspended or dissolved during President's Rule, and the Governor acts only as the President's agent. The President may legislate only if Parliament confers that power on him, so the source of the power is Parliament.

Discuss in Forum

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