GK Questions

Article 131 proviso: SC's original jurisdiction in federal disputes excludes matters arising from treaties, agreements, covenants, engagements, sanads entered into before Constitution commencement and continuing thereafter. Such disputes resolved per terms of instrument. Preserves historical arrangements while enabling judicial resolution of new federal conflicts.

NITI Aayog (2015): Governing Council comprises PM (Chairperson), all CMs, UT Lt. Governors. Unlike Planning Commission's top-down approach, NITI Aayog emphasizes 'Team India' with States as partners. Has no constitutional status but institutionalizes cooperative federalism through policy dialogue, best practices sharing, and competitive federalism rankings.

Article 368(2) proviso (in original Constitution): Amendments affecting: (a) election of President, (b) extent of executive power of Union/States, (c) Supreme Court/High Courts, (d) distribution of legislative powers, (e) representation of States in Parliament, (f) Article 368 itself, require ratification by legislatures of not less than half States. Protects federal features from unilateral Union amendment.

Article 360(3): During Financial Emergency, President may issue directions to States: (a) observe canons of financial propriety, (b) reduce salaries of government servants including HC Judges, (c) reserve Money Bills for Presidential consideration. Never invoked in India. Designed to protect national financial stability.

Governor (appointed by President) performs dual role: (a) Constitutional head of State executive, (b) Agent of Union for reporting State affairs to President (Article 356). This dual role can create tension but is designed to maintain federal balance. Sarkaria Commission recommended Governors act impartially, not as Union agents.

States Reorganisation Act, 1956 (not Constitution) established five Zonal Councils: Northern, Central, Eastern, Western, Southern. Each comprises CMs of member States + 2 other Ministers per State + Union Home Minister (Chairman). Advisory bodies promoting economic/social planning, border disputes resolution, inter-State transport coordination.

Article 343(2): English to continue for 15 years (till 1965) for official Union purposes. Official Languages Act, 1963 extended English indefinitely alongside Hindi. Article 345 allows States to adopt official language(s). Article 346 provides for language for communication between States and with Union. Balances national integration with linguistic diversity.

Article 356: President's Rule suspends State Council of Ministers and Legislative Assembly; Governor administers State on behalf of President. However, State Constitution (as part of Indian Constitution) remains operative. Parliament legislates on State List for that State. SR Bommai case (1994) made imposition subject to judicial review.

Article 263: President may establish Inter-State Council to inquire into and advise on: (a) disputes between States, (b) subjects of common interest, (c) policy recommendations. Established in 1990; chaired by PM; members include CMs of States, UTs, and Union Ministers. Promotes inter-governmental cooperation.

Article 279A (inserted by 101st Amendment, 2016): GST Council chaired by Union Finance Minister; members include Union Minister of State for Finance + State Finance Ministers. Decisions by 3/4 majority: Centre has 1/3 vote weight, States collectively 2/3. Exemplifies cooperative federalism in fiscal matters.

Article 353(b): During National Emergency, Union executive power extends to giving directions to any State on 'manner of exercise' of its executive power. Article 256-257 already allow Union directions; Emergency expands this. Combined with Parliament's power to legislate on State List (Article 250), federal structure temporarily becomes unitary. Restored post-Emergency.

Article 301: Freedom of trade/commerce/intercourse throughout India. Article 302: Parliament may impose restrictions in public interest. Article 303: Neither Parliament nor State Legislature can discriminate between States or give preference, except to address scarcity. Article 304: States may impose reasonable restrictions with Presidential assent. Balances economic unity with regulatory needs.

Article 275: Parliament may make statutory grants-in-aid to States in need, charged on Consolidated Fund of India (not subject to annual vote). Includes specific grants for welfare of STs, improvement of administration in Assam, etc. Distinct from Article 282 grants (for public purpose, discretionary).

Article 280: President constitutes Finance Commission every 5 years (or earlier) comprising Chairman + 4 members. Recommendations cover: (a) tax devolution between Centre-States, (b) grants-in-aid to States, (c) augmenting State Panchayat/Municipality funds. 15th FC (2020-25) recommended 41% vertical devolution to States.

Article 269: Taxes levied/collected by Union but assigned to States (e.g., estate duty on non-agricultural property, terminal taxes on goods/passengers) do not form part of Consolidated Fund of India. Article 270 covers taxes levied/collected by Union and distributed between Union and States (e.g., income tax). Article 268 covers duties levied by Union but collected/appropriated by States (e.g., stamp duties).

Article 262(2): Parliament may by law exclude jurisdiction of Supreme Court or any other court over inter-State water disputes. Inter-State Water Disputes Act, 1956 establishes tribunals whose awards have same force as Supreme Court orders. Recent amendment (2019) makes tribunal awards final and binding.

Article 312: All India Services (IAS, IPS, IFoS) are created by Parliament but serve under both Union and States. Officers are recruited/trained by Union (UPSC) but serve in State cadres under State control. Disciplinary control is shared: State initiates, but major penalties require Union consultation. Balances federal needs with national standards.

Article 256: State executive power must be exercised to ensure compliance with Parliament laws and existing laws applicable in State. Union can give directions to States for this purpose. Article 257 extends this to Union directions on matters like railways, communications. Ensures national policy uniformity.

Article 254(1): In case of repugnancy between Union and State law on Concurrent List, Union law prevails. Exception under Article 254(2): If State law reserved for President's consideration and receives assent, it prevails in that State (but Parliament can still override by subsequent law).

Article 248: Residuary powers are vested with Parliament (Union), not States. This includes power to make laws on any matter not enumerated in Concurrent or State List, including power to impose taxes not mentioned in either List. This gives Indian federalism a strong unitary bias, unlike USA where residuary powers rest with States.