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Centre-State Relations Questions and Answers

51.

The Concurrent List was described as a 'Twilight Zone', as it were for both the Union and the States are competent to legislate in this field without coming in to conflict" is stated by

Exam Year(s)

UGC NET - 2012,

Answer: C

The official key names M.V. Pylee as the author of the description of the Concurrent List as a twilight zone.

The Concurrent List holds subjects on which both Parliament and the State legislatures may legislate, so the field is shared and can lead to overlap, though Article 254 settles a conflict in favour of the Union law in most cases.

D.D. Basu and A.V. Dicey are known for their own works on the Indian and the British constitutions, and B.R. Ambedkar is known as the chairman of the Drafting Committee. The key records Pylee as the source of this particular remark.

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52.

Democracy and Federalism are essential features of our Constitution and basic feature of its structure. This observation was made in S.R. Bommai Vs. Union of India by the Judge.

Exam Year(s)

UGC NET - 2012,

Answer: A

The observation that democracy and federalism are essential features of the Constitution and part of its basic structure was made by Justice P.B. Sawant in S.R. Bommai v. Union of India (1994), the case in which a nine-judge bench tested the President's power to dismiss State governments under Article 356. Justice Sawant wrote the opinion for himself and Justice Kuldip Singh and held that federalism is a basic feature, so that the States are not mere appendages of the Centre. Justices Pandyan, Verma and Ahmadi also sat in the case and wrote their own opinions, but this particular statement is the one credited to Justice Sawant in the key. The answer is Justice P.B. Sawant.

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53.

A resolution passed under Clause (1) of Article 249 shall remain in force for such period not exceeding

Exam Year(s)

UGC NET - 2012,

Answer: D

A resolution under Article 249(1), by which the Rajya Sabha declares by a two-thirds majority that Parliament should legislate on a State List subject in the national interest, remains in force for a period not exceeding one year, so (D) is correct. It may be renewed for a further year by another resolution, and the law made under it ceases to have effect six months after the resolution expires. Three, six and nine months in options (A), (B) and (C) are shorter periods that do not match the text of Article 249(2).

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54.

"The new Constitution establishes, indeed a system of Government which is at the most quasi-federal, almost devolutionary in character, a unitary state with subsidiary federal features rather than the federal state with unitary features" said by

Exam Year(s)

UGC NET - 2012,

Answer: A

The description of the Indian Constitution as quasi-federal, a unitary state with subsidiary federal features rather than a federal state with unitary features, is attributed to Dr. K.C. Wheare, the author of Federal Government. He judged the Constitution by the test of a classical federation, in which the centre and the units are coordinate and independent, and found that India's strong centre, the power to reorganise states and the emergency provisions made it unitary in spirit. Dr. Rajendra Prasad, Dr. B.R. Ambedkar and Jawaharlal Nehru took part in framing the Constitution, but the phrase is Wheare's, so option A is right.

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55.

Who among the following expressed the view that the Indian Constitution is Federal as much as it establishes what may be called a dual polity ?

Exam Year(s)

UGC NET - 2013,

Answer: A

The view that the Indian Constitution is federal inasmuch as it establishes a dual polity was expressed by Dr. B.R. Ambedkar, who piloted the draft in the Constituent Assembly and described the Union as a federation with a dual polity.

Sir Ivor Jennings and Prof. K.C. Wheare are English commentators, and Wheare called the Indian system quasi-federal. Sir B.N. Rau was the Constitutional Adviser who prepared the first draft. None of them is the author of the dual-polity remark, so B, C and D are wrong.

The Constituent Assembly debates of November 1948 are where the remark is recorded.

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56.

Parliament has power to legislate with respect to a matter in the State List, provided it is in the

Exam Year(s)

UGC NET - 2013,

Answer: B

Parliament may legislate on a State List matter in the national interest.

Under Article 249, if the Rajya Sabha declares by a resolution supported by two-thirds of the members present and voting that it is necessary or expedient in the national interest, Parliament may make laws on a matter in the State List. The law remains in force for the period in the resolution, up to one year at a time.

Public interest is not the condition named in the Article, and so the option 'both' is wrong.

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57.

Match List-I with List-II and select the correct answer using the codes given below :

List - IList - II
I. Power of Parliament to legislate on State subjects in national interest.(a) Article 249
II. Power of Parliament to legislate on State subjects during a proclamation of emergency.(b) Article 250
III. Power of Parliament to legislate for giving effect to treaties and international agreements.(c) Article 252
IV. Power of Parliament to legislate on State subjects with the consent of the States.(d) Article 253

Codes : I II III IV

Exam Year(s)

UGC NET - 2013,

Answer: D

The correct matching is I-(a), II-(b), III-(d), IV-(c), which is option D. Article 249 allows Parliament to legislate on State subjects in the national interest, on a Rajya Sabha resolution. Article 250 gives it that power during a proclamation of emergency. Article 253 allows legislation to give effect to treaties and international agreements, and Article 252 allows legislation for two or more States by their consent. Options B and C switch Articles 249 and 250 or reverse the order of the four.

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58.

'Which cannot be done directly, cannot be done indirectly.' - This statement epitomises the doctrine of :

Exam Year(s)

UGC NET - 2014,

Answer: A

The statement that what cannot be done directly cannot be done indirectly is the doctrine of colourable legislation. Under it a legislature cannot do through a seemingly valid law something it has no power to do directly, since it would be a fraud on the Constitution.

Pith and substance asks what a law is really about when two lists overlap. Harmonious construction reads conflicting provisions so that both operate. The doctrine of eclipse treats a pre-constitutional law inconsistent with fundamental rights as dormant, not dead. Only colourable legislation matches the maxim.

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59.

'The constitution establishes a system of government which is almost quasi-federal ……. a unitary state with subsidiary federal features rather than a federal state with subsidiary unitary features.' This is the opinion of :

Exam Year(s)

UGC NET - 2014,

Answer: A

The opinion that the Constitution sets up a system that is almost quasi-federal, a unitary state with subsidiary federal features rather than a federal state with subsidiary unitary features, is that of K.C. Wheare, who described the Indian Constitution in this way in his study of federal government.

Jennings and Dicey are not the source of this description: Dicey is known for the rule of law and parliamentary sovereignty, and Jennings for work on the British constitution. The statement is Wheare's, so 'none of the above' is wrong too.

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60.

Incase there is any inconsistency between the laws made by parliament and the laws made by the state legislature, which one of the following shall prevail ?

Exam Year(s)

UGC NET - 2014,

Answer: C

Where a law of Parliament and a law of a State legislature conflict, the law made by Parliament prevails, whether it was passed before or after the state law. This is the effect of the principle of federal supremacy in matters where both can legislate, and Article 254 states that the Union law prevails and the State law is void to the extent of the repugnancy, unless a state law on a concurrent subject has received the assent of the President.

The options that make the result depend on the date of the two laws, or give priority to the state law, do not state the general rule.

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