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Friday, February 7, 2020 | History

2 edition of Union and state relations under the Indian Constitution found in the catalog.

Union and state relations under the Indian Constitution

Motilal Chimanlal Setalvad

Union and state relations under the Indian Constitution

  • 331 Want to read
  • 22 Currently reading

Published by Eastern Law House in Calcutta .
Written in English

    Places:
  • India.
    • Subjects:
    • Federal government -- India,
    • State governments -- India

    • Edition Notes

      StatementM. C. Setalvad.
      SeriesTagore law lectures ;, 1973
      Classifications
      LC ClassificationsJQ220.S8 S47
      The Physical Object
      Pagination18, 247 p. ;
      Number of Pages247
      ID Numbers
      Open LibraryOL5177273M
      LC Control Number74903949

      Concurrent List of the Seventh Schedule. The resolution operates as abdication or surrender of the power of the state legislature with respect to that matter and it is placed entirely in the hands of Parliament which alone can then legislate with respect to it. Conversely, a State Government may, with the consent of the Government of India, confer administrative functions upon the latter, relating to State subjects [Art. Legislative, Administrative, and Financial. Bench has also laid down few principles for considering inter-State trade or commerce: 1 Existence of a contract of sale incorporating a stipulation, express or implied regarding inter-State movement of goods; 2 Goods must actually move from one State to another pursuant to such contract; 3 Such movement of goods must be from one State to another, where the sales conclude. It is true that the appropriation Acts cannot be said to give a direct legislative sanction to the trade activities themselves.

      So, my paper work focuses on the various ways in which distribution of revenues takes place, also the role of finance commission, and certain restrictions of State in levy of taxes. The basis of distribution in this case is decided by the Parliament by law. Chanda in late seventies in his book mentioned that: it feels that neither of the yardsticks have been applied, as the tax potential varies from State to State and it is beyond the resources of, and the time allocated for, a Finance Commission to undertake the assessment, also it is unable to evaluate the relative administrative efficiency of the States, as neither the statistical material nor the time needed is available for making such in-depth study. In spite of the large transfer, the fact remains that States are not happy and the main reason being that due to political reasons, the States do not make adequate efforts to impose more tax. Such chances are incidental to all trades and businesses and there is no fundamental right guaranteeing them.

      This Article provides that the spending power of the Union or State Legislature is not limited to the legislative powers. If the state law has been reserved for the consideration of the president and has received his assent, then the state law prevails in that state. Case: Quilon Municipality v. Article — on Disputes relating to waters Article — on Co-ordination between States. Not only this but it is Planning Commission which regulates discretionary grants and not the Finance Commission.


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Union and state relations under the Indian Constitution book

But, when we see about the characteristics of federal state then we find that one of the characteristics specifically mentions about the distribution of taxes.

River Board: The River Boards Act,provides for the establishment of a River Board for the purpose of advising the Governments interested in relation to the regulation or development of an inter-State river or river valley. A number of Committees and Commissions have suggested various remedies to get rid of this tormenting state of nature, the more notable of them being the Administrative Reforms Commission, the P.

Duties of customs including export duties. Taxes on transactions in stock exchanges. The only matter in which NCRWC recommended a constitutional amendment in regard to Article concerned until the proclamation is approved by Parliament.

Article speaks that taxes on services shall be levied by the Government of India which shall be collected by the States. This action of the President according to the petitioner, was violative of Articles 14, 21 and 75 of the Constitution and, therefore, void ab initio and deserved to be quashed by an appropriate writ, which may be issued under Article 32 of the Constitution.

So, according to future needs one can also change the said rules of law. So, my paper work focuses on the various ways in which distribution of revenues takes place, also the role of finance commission, and certain restrictions of State in levy of taxes.

Union List

All proceeds from such surcharges are to form part of the Consolidated Fund of India and are not liable to be distributed among the states. The project gives importance to various restrictions imposed on State Government in levying taxes, distribution of revenues, finance commission and analysis.

According to Durga Das Basu, the object of this article is to prevent dislocation of the finances of local government and authorities by reason of the coming into force of new constitutional enactments disturbing heads of taxation on lines different from those which existed before the commencement of such constitutional changes.

In the third category there are States like Kerala and West Bengal. No one can prevent Parliament to impose a surcharge. For Further Details Contact: editor legalserviceindia. The laws become inoperative on the expiration of six months after the emergency has ceased to operate.

No separate provision is to be found dealing with the appointment of the Prime Minister as such. Conversely, a State Government may, with the consent of the Government of India, confer administrative functions upon the latter, relating to State subjects [Art.

Union and State Executive

That is the reason that usually those Chief Ministers who do not belong to the political party in power at the centre, complain that they are being given step-motherly treatment. It is worth noting that in assessing the needs of the States and determining the proportions in which the States, individually, should share the central assistance, the Finance Commission has been guided inter-alia, by the principle that the scheme of distribution should attempt to lessen the inequalities between the states The framers of the Constitution ensured that the transfer of funds from the Centre to the States should be made neither in such a manner as nor to impair the autonomy of the States.

The taxes on such items as succession to property, terminal taxes on goods carried by railways, air force or navy, tax on railway fares and freights, tax on transactions in stock exchanges, etc. On the other hand, the state legislature ceases to have the power to make a law with respect to that matter.

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, labour wel-fare, economic and social planning, drugs, newspapers, books and printing press, and others.

Taxes Levied and Collected by the Union but Assigned to the States: Duty in respect of succession to property other than agricultural land. Since the states have comparatively less sources of income, the central government provides grant-in-aid to them to ran their administrative and development expenses.

Taxes which shall be levied and collected by the Government of India which are included in this Article: a the consignment of goods which takes place in the course of inter-state trade or commerce, b sale or purchase of goods which takes place in the course of inter-state trade or commerce.

State of U. The scope of the Article is limited and it has no application where there has been no shifting in the allocation of power as between the Union and the State under the Constitution.The book doesn't elucidate much on important concepts and fails to provide a brief understanding of the Indian Constitution to a non-legal reader.

According to me, this book is a boring text to legal background readers and a badly written introduction to non-legal reader/5. Union List; The Union List or List-I is a list of items (the last item is numbered 97) given in Seventh Schedule in the Constitution of India on which Parliament has exclusive power to legislate.

The legislative section is divided into three lists: Union List, State List andConcurrent List. Jul 25,  · Chapter I {Legislative Relations} Article {Extent of laws made by Parliament and by the Legislatures of States}.

Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State.

Dec 17,  · The Centre-state relations can be studied under three heads: Legislative relations. Administrative relations. Financial relations. LEGISLATIVE RELATIONS. Articles to in Part XI of the Constitution deal with the legislative relations between the Centre and the states.

Besides these, there are some other articles dealing with the same.

Part XI of the Constitution of India

Oct 23,  · In the Indian constitution it has stated three categories of list in the seventh schedule:union list .state list and concurrent list while under the union list only.

India or transported from one State to another. Industries, the control of which by the Union is declared by Parliament such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest.

THE CONSTITUTION OF INDIA (Seventh Schedule) Ministers for the Union; the.