Question

Consider the following statements regarding Administrative Relations.

(i) The Centre can issue directions to states for the maintenance of communication means of national or military importance.
(ii) A state legislature cannot delegate its executive functions to the Centre without the Centre’s consent.
(iii) The principle of full faith and credit applies only to judicial proceedings and not to public acts or records.

• A. Only (i) and (ii)
• B. Only (i) and (iii)
• C. Only (ii) and (iii)
• D. All of the above

Answer 1

Answer:

A. Only (i) and (ii)

Understanding Centre-State Administrative Relations in India

• The Indian Constitution establishes a federal system with a strong unitary bias, particularly visible in the administrative relations between the Union and the States.
• These relations are primarily governed by Part XI of the Indian Constitution, specifically Articles 256 to 263.

Delving into Specific Statements:

• Statement (i): The Centre can issue directions to states for the maintenance of communication means of national or military importance.
  • This statement is correct.
  • Under Article 257(2) of the Constitution, the executive power of the Union extends to giving directions to a State regarding the construction and maintenance of means of communication declared in the direction to be of national or military importance.
  • This highlights the Union's overriding power in matters crucial for national security and integrity.
  • Competitive Exam Fact: Article 257(1) also states that the executive power of every State must be exercised in a way that does not impede or prejudice the executive power of the Union.
• Statement (ii): A state legislature cannot delegate its executive functions to the Centre without the Centre’s consent.
  • This statement is correct.
  • The Constitution provides for mutual delegation of administrative functions between the Union and States.
  • Article 258A states that the Governor of a State may, with the consent of the Government of India, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the State extends.
  • This emphasizes the principle of mutual consent, ensuring that neither entity can unilaterally impose administrative burdens on the other.
  • Competitive Exam Fact: Conversely, Article 258(1) allows the President to entrust to a State Government or to its officers functions in relation to any matter to which the executive power of the Union extends, either conditionally or unconditionally, with the consent of the State Government.
• Statement (iii): The principle of full faith and credit applies only to judicial proceedings and not to public acts or records.
  • This statement is incorrect.
  • Article 261(1) of the Indian Constitution clearly mandates that "Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State."
  • This means that the public acts, records, and judicial proceedings of the Union and every State are to be recognised and enforced throughout the country.
  • This provision promotes unity and uniformity in the application of laws and decisions across states.
  • Competitive Exam Fact: While not explicitly stated, the 'full faith and credit' clause is largely inspired by the similar provision in the U.S. Constitution (Article IV, Section 1).