Center-State Relations and emergency provisions

Statement 1 is incorrect. ‘Betting and gambling’ is listed as Entry 34 under the State List of Seventh Schedule under the Constitution.
Statement 2 is incorrect. The Information Technology Act 2000 regulates cyber activities in India but does not explicitly regulate or mention online betting or gambling. Various states have their own legislation on gambling, and most States have an exemption for games of skill.

Goods & Services Tax Council is a constitutional body for making recommendations to the Union and State Government on issues related to Goods and Service Tax. The GST Council is chaired by the Union Finance Minister and other members are the Union State Minister of Revenue or Finance and Ministers in-charge of Finance or Taxation of all the States.
Statement 1 is correct. Every decision of the Goods and Services Tax Council is taken at a meeting, by a majority of not less than three-fourths of the weighted votes of the members present and voting
Statement 2 is incorrect. One-half of the total number of Members of the Goods and Services Tax Council shall constitute the quorum at its meetings.
Statement 3 is correct. In the GST Council meeting; the vote of the Central Government has a weightage of one third of the total votes cast, and the votes of all the State Governments taken together have a weightage of two-thirds of the total votes cast

Entry 33 in the concurrent list is: Trade and commerce in, and the production, supply and distribution of,— (a) the products of any industry where the control of such industry by the Union is declared by Parliament by law to be expedient in the public interest, and imported goods of the same kind as such products; (b) foodstuffs, including edible oilseeds and oils; (c) cattle fodder, including oilcakes and other concentrates; (d) raw cotton, whether ginned or unginned, and cotton seed; and (e) raw jute.
Entry 18 in the concurrent list is: Adulteration of foodstuffs and other goods.
Entry 22 in the concurrent list is: Trade unions; industrial and labour disputes

Statement 1 is incorrect. The Jammu and Kashmir Reorganisation Act, 2019 reorganized the state of Jammu and Kashmir into the Union Territory of Jammu and Kashmir with a legislature, and the Union Territory of Ladakh without a legislature.
The Act provides for a Legislative Assembly for the Union Territory of Jammu and Kashmir. The total number of seats in the Assembly will be 107. Of these, 24 seats will remain vacant on account of certain areas of Jammu and Kashmir being under the occupation of Pakistan.
The Legislative Council of the state of Jammu and Kashmir has been abolished.
Statement 2 is correct. The Act provided that the High Court of Jammu and Kashmir will be the common High Court for the Union Territories of Ladakh, and Jammu and Kashmir. Further, the Union Territory of Jammu and Kashmir will have an Advocate General to provide legal advice to the government of the Union Territory.

All of the above are listed in the Concurrent List under Seventh Schedule of the Constitution. In the Concurrent list;
Entry 6 is Transfer of property other than agricultural land; registration of deeds and documents;
Entry 33(b) is Trade and commerce in, and the production, supply and distribution of foodstuffs, including edible oilseeds and oils; and
Entry 38 is Electricity.

The 42nd Constitutional Amendment Act transferred five subjects from the state list to the concurrent list:
-Administrationof Justice; constitution and organization of all courts, except the Supreme Court and the High Courts
-Weights and measures except establishment of standards
-Education, including technical education, medical education and universities,
-Forests
-Protection of wild animals and birds
It added to Union List: Deployment of any armed force of the Union or any other force subject to the control of the Union or any contingent or unit thereof in any State in aid of the civil power; powers, jurisdiction, privileges and liabilities of the members of such forces while on such deployment.

Option 1 is incorrect. Education, including technical education, medical education and universities is part of Entry 25 of the Concurrent List.
Option 2 is incorrect. Posts and telegraphs; telephones, wireless, broadcasting and other like forms of communication is Entry 31 of the Union List.
Option 3 is correct. Relief of the disabled and unemployable is Entry 9 of the State List.

Statement 1 is correct. Article 3 of the Constitution states that the
Parliament may by law—
–form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State;
–increase the area of any State;
–diminish the area of any State;
–alter the boundaries of any State;
–alter the name of any State.
Statement 2 is incorrect. The first schedule of the Constitution lists the States and Union Territories, not the capital cities.

All of the above are listed in the Concurrent List under Seventh Schedule of the Constitution. In the Concurrent list;
Entry 6 is Transfer of property other than agricultural land; registration of deeds and documents;
Entry 33(b) is Trade and commerce in, and the production, supply and distribution of foodstuffs, including edible oilseeds and oils; and
Entry 38 is Electricity.

: Statement 1 is incorrect. ‘Betting and gambling’ is listed as Entry 34 under the State List of Seventh Schedule under the Constitution.
Statement 2 is incorrect. The Information Technology Act 2000 regulates cyber activities in India but does not explicitly regulate or mention online betting or gambling. Various states have their own legislation on gambling, and most States have an exemption for games of skill.

Goods & Services Tax Council is a constitutional body for making recommendations to the Union and State Government on issues related to Goods and Service Tax. The GST Council is chaired by the Union Finance Minister and other members are the Union State Minister of Revenue or Finance and Ministers in-charge of Finance or Taxation of all the States.
Statement 1 is correct. Every decision of the Goods and Services Tax Council is taken at a meeting, by a majority of not less than three-fourths of the weighted votes of the members present and voting
Statement 2 is incorrect. One-half of the total number of Members of the Goods and Services Tax Council shall constitute the quorum at its meetings.
Statement 3 is correct. In the GST Council meeting; the vote of the Central Government has a weightage of one third of the total votes cast, and the votes of all the State Governments taken together have a weightage of two-thirds of the total votes cast.

Entry 33 in the concurrent list is: Trade and commerce in, and the production, supply and distribution of,— (a) the products of any industry where the control of such industry by the Union is declared by Parliament by law to be expedient in the public interest, and imported goods of the same kind as such products; (b) foodstuffs, including edible oilseeds and oils; (c) cattle fodder, including oilcakes and other concentrates; (d) raw cotton, whether ginned or unginned, and cotton seed; and (e) raw jute.
Entry 18 in the concurrent list is: Adulteration of foodstuffs and other goods.
Entry 22 in the concurrent list is: Trade unions; industrial and labour disputes.

Statement 1 is incorrect. The Jammu and Kashmir Reorganisation Act, 2019 reorganized the state of Jammu and Kashmir into the Union Territory of Jammu and Kashmir with a legislature, and the Union Territory of Ladakh without a legislature.
The Act provides for a Legislative Assembly for the Union Territory of Jammu and Kashmir. The total number of seats in the Assembly will be 107. Of these, 24 seats will remain vacant on account of certain areas of Jammu and Kashmir being under the occupation of Pakistan.
The Legislative Council of the state of Jammu and Kashmir has been abolished.
Statement 2 is correct. The Act provided that the High Court of Jammu and Kashmir will be the common High Court for the Union Territories of Ladakh, and Jammu and Kashmir. Further, the Union Territory of Jammu and Kashmir will have an Advocate General to provide legal advice to the government of the Union Territory.

All of the above are listed in the Concurrent List under Seventh Schedule of the Constitution. In the Concurrent list;
Entry 6 is Transfer of property other than agricultural land; registration of deeds and documents;
Entry 33(b) is Trade and commerce in, and the production, supply and distribution of foodstuffs, including edible oilseeds and oils; and
Entry 38 is Electricity.

The 42nd Constitutional Amendment Act transferred five subjects from the state list to the concurrent list:
-Administrationof Justice; constitution and organization of all courts, except the Supreme Court and the High Courts
-Weights and measures except establishment of standards
-Education, including technical education, medical education and universities,
-Forests
-Protection of wild animals and birds
It added to Union List: Deployment of any armed force of the Union or any other force subject to the control of the Union or any contingent or unit thereof in any State in aid of the civil power; powers, jurisdiction, privileges and liabilities of the members of such forces while on such deployment.

Option 1 is incorrect. Education, including technical education, medical education and universities is part of Entry 25 of the Concurrent List.
Option 2 is incorrect. Posts and telegraphs; telephones, wireless, broadcasting and other like forms of communication is Entry 31 of the Union List.
Option 3 is correct. Relief of the disabled and unemployable is Entry 9 of the State List.

Statement 1 is correct. Article 3 of the Constitution states that the
Parliament may by law—
–form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State;
–increase the area of any State;
–diminish the area of any State;
–alter the boundaries of any State;
–alter the name of any State.
Statement 2 is incorrect. The first schedule of the Constitution lists the States and Union Territories, not the capital cities.

All of the above are listed in the Concurrent List under Seventh Schedule of the Constitution. In the Concurrent list;
Entry 6 is Transfer of property other than agricultural land; registration of deeds and documents;
Entry 33(b) is Trade and commerce in, and the production, supply and distribution of foodstuffs, including edible oilseeds and oils; and
Entry 38 is Electricity.

Statement 1 is correct. Through the 42nd Amendment to the Constitution, 1976 Five subjects were transferred from State to Concurrent List: Education, Forests, Weights & Measures, Protection of Wild Animals and Birds, and Administration of Justice.
Statement 2 is correct. National Education Commission also known as Kothari Commission (1964-1966) was an ad hoc commission set up by the Government of India to examine all aspects of the educational sector in India, to evolve a general pattern of education and to advise guidelines and policies for the development of education in India.

Article 256 of the Constitution obligates the State government to ensure implementation of the laws made by Parliament.
• If the State government fails to do so, the Government of India is empowered to give “such directions to a State as may appear… to be necessary”.
• The refusal to enforce the law even after the Centre issues directions would empower the President to impose President’s Rule in those States under Articles 356 and 365.
• The Supreme Court of India has also confirmed this reading of the law in S.R. Bommai v. Union of India.

If the Rajya Sabha declares that it is necessary in the national interest that Parliament should make laws on a matter in the State List, then the Parliament becomes competent to make laws on that matter.
• Such a resolution must be supported by two-thirds of the members present and voting.
•The resolution remains in force for one year; it can be renewed any number of times but not exceeding one year at a time.
• The laws cease to have effect on the expiration of six months after the resolution has ceased to be in force.

Sanctioning of cinematograph films for exhibition – comes under union list.
• Money lending and money lenders, relief of agriculture indebtedness comes under state list.
• Preventive detention for the reasons connected with the security of a state, the maintenance of public order, or the maintenance of supplies and services essential to the community comes under concurrent list.

Both, the Parliament and state legislature can make laws with respect to any of the matters enumerated in the Concurrent List.
• This list has at present 52 subjects (originally 47 subjects) like criminal law and procedure, civil procedure, marriage and divorce, population control and family planning, electricity, labor welfare, economic and social planning, drugs, newspapers, books and printing press, and others.
• The 42nd Amendment Act of 1976 transferred five subjects to Concurrent List from State List, that is, (a) education, (b) forests, (c) weights and measures, (d) protection of wild animals and birds, and (e) administration of justice; constitution and organization of all courts except the Supreme Court and the high courts.

As the government abrogated Article 370 that gave special status to Jammu and Kashmir, Article 371, which has special provisions for other States, mostly from the Northeast, has invited some attention.
• Article 371(A) states that no act of Parliament shall apply to the State of Nagaland in respect of the religious or social practices of the Nagas, its customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law and ownership and transfer of land and its resources.
• Article 371B deals with special provision with respect to the State of Assam.
• The main objective of inserting Article 371B was to facilitate the creation of the sub-State ‘Meghalaya’.

•Article 371C deals with special provisions with respect to Manipur which became a State in 1972.
• Articles 371F, 371H talk about special provisions with respect to States of Sikkim and Arunachal Pradesh, respectively.
• Article 371 gives the power to the President of India to establish separate development boards for Vidarbha, Marathwada regions of Maharashtra and the rest of the State and Saurashtra, Kutch and rest of Gujarat.
• Special provisions with respect to Andhra Pradesh, Karnataka, Goa are dealt in Articles 371D and 371E, 371J, 371I respectively.

While the proclamation of financial emergency (under Article 360) is in operation, the Centre can give directions to the states:
• to observe the specified canons of financial propriety;
• to reduce the salaries and allowances of all class of persons serving in the state (including the high court judges); and
• to reserve all money bills and other financial bills for the consideration of the President.

Under Article 352, the President can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion.

•It may be noted that the president can declare a national emergency even before the actual occurrence of war or external aggression or armed rebellion, if he is satisfied that there is an imminent danger.
• The President, however, can proclaim a national emergency only after receiving a written recommendation from the cabinet.
• This means that the emergency can be declared only on the concurrence of the cabinet and not merely on the advice of the prime minister.
• In 1975, the then Prime Minister, Indira Gandhi advised the president to proclaim emergency without consulting her cabinet. The cabinet was informed of the proclamation after it was made, as a fait accompli.
• The 44th Amendment Act of 1978 introduced this safeguard to eliminate any possibility of the prime minister alone taking a decision in this regard.

The Act provides for a Legislative Assembly for the Union Territory of
Jammu and Kashmir.
Statement 1 is incorrect. The Legislative Assembly may make laws for any part of the Union
Territory of Jammu and Kashmir related to: (i) any matters specified in the State List of the
Constitution, except “Police” and “Public Order”, and (ii) any matter in the Concurrent List
applicable to Union Territories.
Further, Parliament will have the power to make laws in relation to any matter for the
Union Territory of Jammu and Kashmir. Statement 2 is correct.

Statement 1 is incorrect. The Jammu and Kashmir Reorganisation Act,
2019 reorganized the state of Jammu and Kashmir into the Union Territory of Jammu and
Kashmir with a legislature, and the Union Territory of Ladakh without a legislature.
The Act provides for a Legislative Assembly for the Union Territory of Jammu and
Kashmir. The total number of seats in the Assembly will be 107. Of these, 24 seats will
remain vacant on account of certain areas of Jammu and Kashmir being under the
occupation of Pakistan.
The Legislative Council of the state of Jammu and Kashmir has been abolished.
Statement 2 is correct. The Act provided that the High Court of Jammu and Kashmir will
be the common High Court for the Union Territories of Ladakh, and Jammu and Kashmir.
Further, the Union Territory of Jammu and Kashmir will have an Advocate General to
provide legal advice to the government of the Union Territory.

All of the above are listed in the Concurrent List under Seventh Schedule of the Constitution. In the Concurrent list;
Entry 6 is Transfer of property other than agricultural land; registration of deeds and documents;

Entry 33(b) is Trade and commerce in, and the production, supply and distribution of foodstuffs, including edible oilseeds and oils; and
Entry 38 is Electricity.

The Gadgil-Mukherjee Formula for allocation of Central Plan Assistance to
states was adopted by the National Development Council (NDC) meeting held in 1990.
On the demand of State Governments for a revision, a Committee under Shri Pranab
Mukherjee, then Deputy Chairman, Planning Commission was constituted to evolve a
suitable formula. The suggestions made by the Committee were considered by NDC in
December 1991, where following a consensus, the Gadgil-Mukherjee Formula was adopted.
It was made the basis for allocation post 8th FYP (1992-97). After setting apart funds
required for (a) Externally Aided Projects and (b) Special Area Programme, 30% of the
balance of Central Assistance for State Plans is provided to the Special Category States. The remaining amount is distributed among the non-Special Category States, as per Gadgil-Mukherjee Formula.

Option 1 is incorrect. Education, including technical education, medical
education and universities is part of Entry 25 of the Concurrent List.
Option 2 is incorrect. Posts and telegraphs; telephones, wireless, broadcasting and other
like forms of communication is Entry 31 of the Union List.
Option 3 is correct. Relief of the disabled and unemployable is Entry 9 of the State List.

Both statements are correct.
The North Eastern Council is the nodal agency for the economic and social development of
the North Eastern Region which consists of the eight States of Arunachal Pradesh, Assam,
Manipur, Meghalaya, Mizoram, Nagaland, Sikkim and Tripura. The North Eastern Council
was constituted in 1971 by an NEC Act 1971.
The Union Home Minister is ex-officio Chairman and the MoS(IC) DoNER is the ex-officio
Vice-Chairman of the NEC.
# Destination Northeast, an annual festival organised by the DONER ministry was
inaugurated recently by the Union Home Minister.

Statement 1 is correct. Article 248 of the Constitution provides for the
residuary powers of legislation:
Parliament has exclusive power to make any law with respect to any matter not
enumerated in the Concurrent List or State List.
Further, such power shall include the power of making any law imposing a tax not
mentioned in either of those Lists.
Statement 2 is incorrect. Article 249 provides for power of Parliament to legislate with
respect to a matter in the State List in the national interest:
If the Council of States has declared by resolution supported by not less than two-thirds
of the members present and voting that it is necessary or expedient in the national
interest that Parliament should make laws with respect to any matter enumerated in the
State List specified in the resolution; Parliament is empowered to make laws for the whole
or any part of the territory of India with respect to that matter while the resolution remains
in force.
The resolution passed by Rajyasabha remains in force for such period not exceeding one
year. Further, the law made by Parliament, to the extent of the incompetency, ceases to have effect on the expiration of a period of six months after the resolution has ceased to be in force.

Option 1 is incorrect. Agricultural market is not listed in the Seventh
Schedule.
The committees headed by Ashok Dalwai, Ramesh Chand and Swaminathan Commission
recommended that ‘agricultural markets’ should be entered in the Concurrent List.
Option 2 is correct. Agriculture, including agricultural education and research, protection
against pests and prevention of plant diseases are mentioned as Entry 14 in the State List.
Option 3 is correct. The ‘taxes on agricultural income’ is Entry 46 in the State List.

Statement 1 is correct. Article 365 of the Constitution states that if any State has failed to comply with, or to give effect to, any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution.
Statement 2 is incorrect. Article 356 provides for provisions regarding the failure of Constitutional machinery in States. The article explicitly puts the onus of such determination on executive, i.e. President and the Governor of the State concerned, and not the Judiciary.

Both statements are correct.
Article 356 states that If the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution, the President may by Proclamation—
(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or anybody or authority in the State other than the Legislature of the State;
(b)declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament.
Provided that nothing in this clause shall authorise the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts.