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Zorluk: OrtaFederal System, Centre-State Relations, and Emergency Provisions

Regarding the administrative relations between the Union and the States under Articles 256 and 257 of the Constitution of India, which of the following statements are correct?

  1. The executive power of every State must be exercised in compliance with laws made by Parliament, and the Union Executive can give directions to a State for this purpose.Cevap
  2. The Union Executive is empowered to give directions to a State regarding the construction and maintenance of means of communication declared to be of national or military importance.Cevap
  3. The Union Executive can issue directions to a State concerning the measures to be taken for the protection of railways within the State.Cevap
  4. D
    If a State fails to comply with any executive direction given by the Union, the Governor has the exclusive power to dissolve the State Assembly without any role for the President.

Cevap

The correct statements are that the executive power of every State must ensure compliance with Parliamentary laws under Union direction, the Union can direct States regarding national/military communications, and the Union can direct States regarding railway protection.
Articles 256 and 257 outline the administrative dominance of the Union in key matters. Article 256 mandates compliance with Parliamentary laws, Article 257(2) allows directions on communications of national or military importance, and Article 257(3) allows directions on railway protection.

Adım Adım Çözüm

1
Analyze the scope of Article 256 of the Constitution of India.
Article 256 imposes an obligation on States to ensure compliance with Parliamentary laws and allows the Union to issue directions for that purpose.
To verify the constitutional mandate on State compliance with Central legislation.
2
Examine the specific provisions under Article 257 regarding Union control over States in certain cases.
Article 257(2) covers directions for communications of national or military importance, while Article 257(3) covers directions for the protection of railways.
To verify the specific administrative areas where executive directions can be issued.
3
Evaluate the legal consequence of a State failing to comply with Union executive directions under Article 365.
Failure to comply allows the President to deem that a breakdown of constitutional machinery has occurred, bringing Article 356 into play, rather than granting exclusive dissolution power to the Governor.
To differentiate between Presidential powers under Article 365/356 and State Governor jurisdiction.

Anahtar Kavram

Centre-State Administrative Relations under Articles 256, 257, and 365 of the Indian Constitution
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Konular

Federal System, Centre-State Relations, and Emergency Provisions

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