Q. With reference to executive relations between the Centre and states as given in constitution of India, consider the following statements:
1. The Governor of a state, with the consent of the central government, can delegate executive functions of state to centre.
2. The parliament can delegate executive functions of central government to states, without the consent of states.
3. State legislature can delegate executive functions of state to centre.
How many of the above given statements are correct?
Exp) Option b is the correct answer
The distribution of executive functions between centre and state is rigid, the same as distribution of legislative functions. However, the constitution provides for inter-governmental delegation of executive functions to mitigate rigidity and avoid a situation of deadlock.
Statement 1 is correct: The Governor of a state, with the consent of the central government, can delegate executive functions of state to centre. Similarly, the President of India can delegate executive functions of centre to state with the consent of the state government.
Statement 2 is correct: It is true that the Constitution empowers the parliament to delegate executive functions of central government to states without the consent of states.
Statement 3 is incorrect: While the constitution allows the parliament to delegate executive functions of centre to state, it does not allow state legislature to delegate executive functions of state to centre. In the case of delegation by states, only governors are allowed to delegate executive functions.
| Important Tips Article 355 of the Indian Constitution: It imposes two duties in the Centre: • To protect every state against external aggression and internal disturbance • To ensure that the government of every state is carried in accordance with provisions of the constitution It is this duty in the performance of which the Centre takes over the government of a state under Article 356 (President’s Rule) in case of failure or breakdown of constitutional machinery in a state. |
