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If a state fails to give effect to any direction given by the Union Government to enforce the Essential Commodities (Amendment) Act, 2020 passed by Pa
Question

If a state fails to give effect to any direction given by the Union Government to enforce the Essential Commodities (Amendment) Act, 2020 passed by Parliament, the effect would be

A.

nothing as the state has full executive powers to enforce or not to enforce any Legislation

B.

the state would be justified in ignoring the direction as it lacks resources

C.

the President may hold that a situation has arisen in which the Government of the state cannot be carried on in accordance with the provisions of the Constitution

D.

the Union Government can move the court for enforcing the directions

Correct option is C

The correct answer is (c) the President may hold that a situation has arisen in which the Government of the state cannot be carried on in accordance with the provisions of the Constitution.

Explanation

This question tests the relationship between the administrative powers of the Union and the States under the Indian Constitution.

  • Article 256: This article mandates that the executive power of every State shall be exercised to ensure compliance with the laws made by Parliament. The Union has the power to give such directions to a State as may appear necessary for that purpose.
  • Article 257: This further extends the Union’s power to give directions to States in certain cases (like the maintenance of means of communication or protection of railways).
  • Article 365 (The "Failure" Clause): This is the key to the answer. It states that where any State has failed to comply with, or to give effect to, any directions given in the exercise of the executive power of the Union, it shall be lawful for the President to hold that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution.

Why other options are incorrect

  • (a) Incorrect: Under our federal scheme, while States have executive powers, they are subordinate to the Union's directions regarding the implementation of Central laws (Article 256).
  • (b) Incorrect: Lack of resources is not a constitutional justification for defying a mandatory direction from the Union Government.
  • (d) Incorrect: While the Union could theoretically move a court, the Constitution provides a specific self-contained political remedy under Article 365, which leads to the potential imposition of President's Rule (Article 356).

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