Question : “The dispute between Secretariat and Directorate is the result of Generalist vs. Specialist controversy.” Analyse.
(2007)
Answer : The observation of split system in Indian Administration generated a dichotomy in form of Secretariat Vs. Directorate. The process of integration and differentiation of many administrative functions further strengthened this dichotomy. This integration and differentiation is nothing but dichotomy of Generalist and Specialist.
In theory, the Secretariat and the Directorate are expected to follow certain guidelines which are fundamental to sustain harmony in their mutual functioning and relationship.
Question : “Because of several judicial pronouncements, Governors in states are no longer viewed as agents of the ‘Party in Power’ at the central level.” Evaluate.
(2007)
Answer : The Governor of any state wears two hats, one that of as head of state and other as an agent of the Centre.
Theoretically, he is the model of a nominal head like the President at the Centre. Practically, he is the faithful employee of the Centre and as such it would not be wrong to treat him as the agent of the Union Government to act like its ‘eyes and ears’ on the spot. But, ....
Question : “The main problem of Centre-State relations in India is bottlenecks in fiscal federalism”. Comment.
(2006)
Answer : The Indian federation has been accused of unusually tilted towards the union, where the union has more powers than the state and the constitution has given it more of a unitary character than a federation. There are many areas of conflict between the centre and the state one of which is the financial relations, collectively called the ‘fiscal federalism’.
According to the constitution our states enjoys some amount of financial autonomy. They have the right to ....
Question : “The Chief Minister symbolizes ruling power structure and is the real executive head of the state government”. Discuss the above statement in the light of his position in a coalition govt.
(2005)
Answer : The Chief Minister is the executive head of the state representing the leader of the majority party in the Legislative Assembly to form the government. Chief Minister’s position in single ruling party is found to be quite strong vis-à-vis to the coalition government where his position is unstable.
The appointment of the chief minister falls within the discretionary powers of the governor, though the element of discretion should not be allowed to prevail in an unscrupulous ....
Question : “The position of governors towards exercising their discretion and powers has considerably changed after 1967”. Discuss.
(2004)
Answer : The period after 1967, saw political instability in many states, which hitherto was ruled by one political party i.e. Congress. Thus post-1967, saw or witnessed the mismatch of governments both at the centre and in some of states. This posed serious problem in front of Governor.
When there is a party in the state legislature with a clear-cut majority, the governor has no discretion because he has only to invite the leader of that party to ....
Question : “The highly significant and elevated position of chief secretary is significantly undermined in practice to-day”.
(2004)
Answer : The office of the chief secretary is unique to states, it is without a parallel in the administrative landscape of the entire country. This functionary is the nerve centre of the state secretariat.
But this position is being undermined nowadays due to some political reasons.
The post of chief secretary has been kept out of the tenure system i.e., once appointed he either retires or goes to the centre because he is the seniormost civil servant at ....
Question : “Article 163 makes the Governor the sole judge in matters in which he is require to act in his discretion”. Explain.
(2003)
Answer : The relation between the Governor and his ministers is similar to that between the president and his ministers, with this important difference that while the constitution does not empower the president to exercise any function ‘in his discretion’, it authorizes the governor to exercise some functions ‘in his discretion’. In this respect, the principle of cabinet responsibility in the state differ from that in Union.In the exercise of the functions, which the Governor is empowered ....
Question : “Among several other problems the problem of financial relationship is perhaps the most complex one.” Explain in the context of recent developments in Union-State relationships in India.
(2000)
Answer : Indian financial system has a unique stamp of its own. Several streams of administrative and cultures have left their foot prints on the sands of financial history in India. Finance is life-blood of all monetised socio-economic formations ranging from simple nuclear families to complex national and international organizations. Financial administration relates to the system, which generates, regulates and distributes monetary resources needed for the sustenance and growth of organisations.
India has chosen a federal structure in ....
Question : Maintenance of law and order is a state subject but the union government can deploy armed forces in any state.”
(2000)
Answer : Maintenance of law and order is a state subject as per the Indian constitution. Items 1, 2 and 4 in list II of the Seventh schedule state that public order, police and prisons come under the state subject. The state governments are empowered to legislate in the matter. However, under concurrent powers, the centre also has authority to legislate in case of punishment of crime. Further the centre is empowered under item 2(A) of list-I ....
Question : “In the Chief Secretary, the State government has an officer whose counter part does not obtain in the Union Government”. Elucidate.
(2000)
Answer : There is no office in the Union Government which can be equated with that of Chief Secretary in the state. To some extent, the cabinet secretary, at the central level can be called as the counter part of the Chief Secretary. However the functions performed and the roles assumed by the Chief Secretary in the state administration are so vast, varied and wide that they are shared at the Central level, by the Cabinet Secretary, ....
Question : “It would be a gross fallacy to regard the institution of the Governor as a faint presence like a full moon at midday”. Comment.
(1999)
Answer : The Governor’s is a high constitutional office. The Governors in some of the states by using their powers purely for partisan and personal ends, not only deprived the office of its lustre and dignity, but also brought disrepute to it, which should have been avoided.
The Governor has two important roles to play. As the representative of the centre in the state, it is his responsibility to see that the federal balance and political stability are ....
Question : “The legislative and executive powers of the states are comprehensive, but the exercise of these powers are subject to regulation, abridgement and even suspension by the Union.” Comment.
(1999)
Answer : The states embrace extensive legislative and executive powers, but the implementation of these powers are subject to regulation by the Union.
For instance, when a bill is presented before the Governor after its passage by the Houses of the legislature, it will be open to the governor to take any of the following steps either declare his assent to the bill, or withholds his assent to the bill, in which case the bill fails to become ....
Question : “The legislative relations between Union and States governments are more biased towards Union government”. Comment.
(1997)
Answer : The distribution of legislative powers in each federation reflects in the nature and character of the policy agreed upon by those who were responsible for drawing up the constitution.
The basic provisions regarding the distribution of power between the centre and state govt. are in Part XI of the constitution. The three lists (union list, state list and concurrent list) are embodied in the seventh schedule of the constitution. Most of the subjects under above lists ....
Question : “ The states are constitutionally obliged to ensure that the laws passed by parliament are implemented.” Explain constitution policy fully.
(1997)
Answer : The idea of the Union giving directions to the States is foreign and repugnant to a truly federal system. But this idea was taken by the framers to our constitution from the Government of India Act, 1935, in view of the peculiar conditions of this country and, particularly, the circumstances out of which the federation emerged.
It is to be noted that the constitution prescribes a coercive sanction for the enforcement of the directions issued under ....
Question : “The Union-State financial relations, as provided in the constitution, are biased towards centre in the context of borrowing.” Comment.
(1996)
Answer : The framers of the constitution realizing that the Union and State governments would not be able raise sufficient funds through taxation, made provision to enable them to borrow on the security of their consolidated funds.
Article 292, which authorized the Union Government to do so, placed no territorial limitations. While the states could also borrow upon the security of their consolidated funds, Article 293 provided that they could do so only within the territory of India.
Thus, ....
Question : “The Governor of a state wears two hats, therefore, dilemmas have arisen in practice.” Comment.
(1996)
Answer : The executive head of the state is the Governor and all the executive actions are carried on in name of the Governor. He exercises the executive power directly or with the help of the Council of Ministers. Governor appoints the Chief Minister of the State and the other Ministers are appointed by him on the advice of the Chief Minister.
The Governor has a dual role to play. He is the constitutional head of the state ....
