Question

VARIOUS CASES WHERE THE UNION GOVERNMENT SUPERSEDED THE AUTHORITY OF STATE GOVERNMENT

Answer 1

Answer:

During Proclamation of Emergency, Failure of Constitutional Machinery in a State or with the consent from the State Government, the Government of India exercises absolute control over the states and functions as if it were a Unitary Government. Even in normal times, the Centre possesses adequate authority over the states

Answer 2

Answer:

Hope it will be helpful to you

Explanation:

India is a federal state. Constitution declares it as a ‘Union of States’. Every state is governed by its CMs with states like J&K enjoying more autonomy that other states. The Central government can not overrule the constitutional rights of a state government. But still central government have enjoys more power than some way or other.

1 ) In administrative matters state cannot go against central laws(ARTICLE 356). Also central government can impose emergency in any state if it feels that state is not being governed constitutionally.

2 )Governers are appointed by President on the advice of Central government and not the state government. This is the reason for governors not being the residents of the state.Even the Lieutenant Governors of Union Territories are appointed by the President on the advice of the Union government who may override policies made by the local government.

3 )Control of industries was given to centre. Introduction of Freight equalisation policy resulted in resource drain and backwardness of a number of Indian states like Bihar, Jharkhand, Bengal, Orrisa.

4 )States are unconstitutionally limited by cental govt to limit the borrowings when they have not defaulted and led to a financial emergency.