Q. With reference to the relations between the Central and state Executive in India, consider the following statements:
1. A single state is allowed to delegate its executive functions to the Central government.
2. The Centre cannot delegate its executive functions to a state government without its consent.
3. All decisions regarding delegations of executive functions between Centre and States are taken only by the President and respective state’s Governor.
How many of the above given statements are correct?
Exp) Option a is the correct answer.
Statement 1 is correct: The constitution does not have a very rigid scheme of division between the Centre & the States, when it comes to Executive functions. This has been done to avoid situations of deadlock while implementing laws. So, the Constitution has made provisions that allow a state’s Governor to delegate some of the executive functions of the state government to the Centre, with the consent of the Central government.
Statement 2 is incorrect: Centre can delegate its executive functions to a state government, without its consent, provided this delegation is directed by the Parliament (through a law), not the President.
Statement 3 is incorrect: Parliament too may be involved in a special case of delegation of Executive Power (when delegation is made without consent of the state government). So, it’s not just the President and the Governor who are involved in decisions regarding mutual delegation of executive functions. Rather it also involves the Central government and the state government.
| Important Tips A state government/ legislature cannot delegate its executive functions to the Central government without its consent. |
