Administrative Relations between Union and States

Article 256

  • Obligation of states and the Union
  • The executive power of state shall be exercised in compliance with the laws made by parliament

Article 257

  • Control of the Union over states in certain cases
  • Executive power of the Union shall extend to give directions to a state

Article 258

  • Power of the Union to confer powers etc, on states in certain cases
  • president may, with the consent of the government of a state entrust functions on the state in relation to any matter to which the executive power of the Union extends

Article 258 A

  • Power of the States to entrust functions to the Union
  • Government of a state may, with the consent of the government of India, entrust functions to any matters to which the executive power of the state extends

Article 262

  • Adjudication of disputes relating to waters of inter-state rivers or river valleys
  • Parliament may by law provide for the adjudication of any dispute with respect to
  • use of the waters
  • distribution of the waters
  • control of the waters
  • Neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any Inter-state water disputes

Article 263

  • Provisions with respects to an Inter-State Council
  • President by order may establish an inter-state council to
  1. inquire into and advise upon disputes among stages
  2. investigate and discuss the subjects in common interest
  3. making recommendation on any subject for the better co-ordination of policy

 

 

FINANCE

Article 265

  • No tax shall be levied or collected except by authority of law.

Article 266

  • Consolidated Funds and public accounts of India and of the States
  • Consolidated Fund of India Comprises
  • all revenues received by the Government of India
  • all loans raised by the Government by the issue of treasury bills
  • loans or ways and means advances and all moneys received by the Government in repayment of loans
  • Consolidated Fund of the State comprises
  • all revenues received by the Government of a state
  • all loans raised by that Government by the issue of treasury bills
  • loans or ways and means advances and all moneys received by that Government in repayment of loans
  • All other public moneys received by or on behalf of the Government of India or the government of a state belongs to public account of India or the public account of the state

Article 267

  • Contingency Fund of India
  • Contingency Fund of India is established by the Parliament by law
  • It is established to meet any unforeseen expenditure pending authorisation by parliament by law under article 115 or article 116
  • Contingency Fund of India is placed at the disposal of the president
  • Contingency Fund of the State
  • Legislature of a state may by law establish a Contingency Fund
  • Contingency Fund of a State is placed at the disposal of the governor of the state

Article 268

  • Duties levied by the Union but collected and appropriate by the States
  • Stamp duties and such duties of excise on medicinal and toilet preparations are levied by the Union but collected and appropriated by the States

Article 268 A

  • Service tax levied by Union and collected and appropriate by the Union and the States

Article 269

  • Taxes levied and collected by the Union but assigned to the states
  1. Taxes on the sale or purchase of goods
  2. taxes on the consignment of  goods

Article 270

  • Taxes levied and distributed between the Union and the states
  1. All taxes and duties in the Union list, except the duties and taxes in articles 268 and 269
  2. Surcharge on taxes and duties under article 271
  3. any cess levied for specific purpose under any law made by parliament
  • distributed as prescribed by the president by order as per recommendations of the Finance Commission

Article 271

  • Surcharge on certain duties and taxes for purpose of the Union
  • Parliament may at any time increase any of the duties or taxes by a Surcharge
  • all proceeds from surcharges are added to the Consolidated Fund of India

Article 273

  • Grants in lieu of except duty on jute and jute products

Article 274

  • prior recommendation of President is required to Bills affecting taxation in which states are interested

Article 275

  • Grants from the Union to certain states
  • Grants-in-aid shall be charged on the Consolidated Fund of India by law
  • Parliament by law may determine different sums for different states

Article 276

  • Taxes on Professions, trades, callings and employments

Article 285

  • Exemption of property of the Union from state taxation
  • The property of the Union are exempted from all taxes imposed by a state

Article 286

  • Restrictions as to imposition of tax on the sale or purchase of goods
  • No law of a state shall impose, or authorise the imposition of a tax
  1. on the sale or purchase of goods outside the state
  2. on import of the goods into or export of the goods out of, the territory of India

Article 287

  • Exemption from taxes on electricity
  • no law of a state shall impose, or authorise the imposition of, tax on the consumption or sale of electricity

Article 289

  • Exemption of property and income of a state from Union taxation
  • Clause 1. The property and income of a state shall be exempt from Union taxation
  • Nothing in clause 1. shall prevent the Union from imposing, or authorising the imposing of any tax to such extent

 

Finance Commission

Article 280

  • At the expiration of every fifth year the president, by order constitutes a Finance Commission
  • Finance commission is constituted with a chairman and four other members
  • All members of the commission are appointed by the president

Finance Commission recommends to the President on

  1. the distribution of the net proceeds of taxes between the Union and the States
  2. the principles governing the grants in-aid of the revenues of the states out of the Consolidated fund of India
  3. the measures needed to augment the consolidated fund of a state to supplement the resources of the panchayats
  4. Any other matter referred to the commission by the president in the interests of sound finance

Article 281

  • Recommendation of the Finance Commission
  • President shall cause every recommendation made by the Finance commission to be laid before each house of parliament
  • president lays the recommendations together with an explanatory memorandum as to the action taken thereon

 

Borrowing

Article 292

  • Borrowing by the Government of India
  • Union has the executive power to borrow upon the security of the consolidated fund of India
  • Limits and guarantees are fixed by the parliament by law from time to time

Article 293

  • Borrowing by States
  • State has the executive power within the territory of India upon the security of the Consolidated Fund of India
  • limits and Guarantees are fixed by the legislature of state by law from time to time

 

Trade, Commerce and Intercourse within the Territory of India

Article 301

  • Trade, Commerce and intercourse throughout the territory of India shall be free

Article 302

  • power of Parliament to impose restrictions on trade, commerce and intercourse
  • Parliament may by law impose restrictions on the freedom of trade, commerce or intercourse in the public interest

Article 303

  • Restriction on the legislative powers of the Union and of the states with regard to trade and commerce
  • parliament nor the legislature of a state shall have power to make any law discriminating states in any of the lists in the seventh schedule
  • Parliament may make law in case of scarcity of goods in any part of the territory of India

Article 304

  • Restrictions on trade, commerce and intercourse among states
  • legislature of a state may by law impose any tax on goods imported from other state or Union territories to which similar goods produced in that state
  • such bills shall not be introduced or moved in the legislature of a state without the previous sanction of the president

 

PUBLIC SERVICE COMMISSION

Article 315

  • Public Service Commission for the union and for the states
  • There shall be a Public Service Commission for the Union and a Public Service Commission for each state
  • Two or more states may agree together to form joint Public Service Commission

Article 316

  • Appointment and term of office of members
  • The Chairman and other members of the Union or a Joint Service commission are appointed by the president
  • The Chairman and other members of the state Public Service Commission are appointed by the Governor of the state
  • If the office of the Chairman of the Commission becomes vacant, his duties are performed by one of the other members of the commission
  • Tenure
  • Union Commission
  • six year from the date on which he centre upon his office
  • until he attains the age of sixty-five years
  • State or Joint Commission
  • six years from the date on which he centre upon his office
  • until he attains the age of sixty-two years
  • Resignation
  • Members of Union or Joint Commission resign by writing to the president
  • Members of the state Commission resign by writing to the Governor of the state
  • Members of Public Service Commission are not eligible for re-appointment after expiration of their term of office

Article 317

  • Removal of a member of a Public Service Commission
  • Chairman or any other member of a Public Service Commission shall only be removed by the order of the President after inquired by the Supreme Court
  • Suspension of a member of a Public Service Commission
  • Chairman or any other member of the Commission, may be suspend from office
  • by the President, in the case of the Union Commission
  • by the Governor in the case of a state Commission
  • President has to pass orders on receipt of the report of the supreme court suspend the member of a commission
  • president may by order remove the chairman or any other member of a Public Service Commission, if he
  1. is adjudged an insolvent
  2. engages during his term of office in any paid employment outside the duties of his office
  3. is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body

Article 320

  • Functions of Public Service Commissions
  • Functions
  • to conduct examinations for appointments to the Union and State services
  • to assist two or more states in joint recruitment of candidates with special qualifications
  • to advise on any matter so referred to them by the president or Government of the state
  • The Union or state Public Service Commission shall be consulted
  1. on all matters relating to methods of recruitment to civil services and for civil posts
  2. on the principles to be followed in
  • making appointment and promotions to civil services
  • the transfer of candidates from one service to another
  • the sustainability of candidates for such appointments, promotions or transfers
  1. on al disciplinary matters
  2. on any claim for the award of a person

Article 322

  • Expenses of Public Service Commissions
  • The Expenses of the Union Public Service Commission are charged on the Consolidated Fund of India

Article 323

  • Reports of Public Service Commissions
  • Union Commission annually submits a report on the work done by the Commission to the President
  • State or Joint Commission annually submits a report on the work done by the Commission to the Governor
  • Governor of the state lays the report in the legislative of state with his recommendations