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Showing posts with the label State of West Bengal v. Union of India (1963)

Fostering Fiscal Cooperation: Examining Articles 282 to 291 of the Indian Constitution with Case Law Insights

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Fostering Fiscal Cooperation: Examining Articles 282 to 291 of the Indian Constitution with Case Law Insights Introduction: Articles 282 to 291 of the Indian Constitution form a critical part of the constitutional framework governing financial relations between the Union and States. This discussion explores these provisions in-depth, shedding light on their contemporary relevance and pivotal role in fostering fiscal cooperation. Additionally, relevant case laws offer insights into the constitutional principles guiding financial assistance and cooperative federalism. Constitutional Provisions: Article 282: Grants-in-Aid for Public Purposes Article 282 empowers both the Union and States to make grants for public purposes, even if outside their legislative powers. This flexibility is crucial for addressing diverse needs and ensuring financial support where necessary. Article 283: Custody, Payment, and Withdrawal from Consolidated Fund of India Article 283 details the procedures for custod...

Constitutional Provisions on Executive Powers, Duties, and Inter-State Relations: A Contemporary Analysis of Articles 256 to 263

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Constitutional Provisions on Executive Powers, Duties, and Inter-State Relations: A Contemporary Analysis of Articles 256 to 263 Constitutional Framework: - Article 256:  Mandates that the executive power of a State shall be so exercised as to ensure compliance with laws made by the Parliament. It is the duty of the State to ensure compliance with Union laws.    - Article 257: Empowers the Union to issue directions to the States regarding the execution of Union laws. However, these directives should not infringe upon the federal structure or essential powers of the States.    - Article 258: Grants the President the authority to entrust functions to a State or its officers concerning the execution of Union laws. Relevant Case Laws: Har Sharan Verma v. Union of India (2014): This case clarified that directions under Article 257 must not undermine the basic framework of the Constitution. States cannot be compelled to implement directives that violate their essent...