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Consider the following statements:
1. The President may entrust to the state government any of the executive functions of the Centre without the consent of that state.
2. The Governor of a state may entrust to the Central government any of the executive functions of the state with the consent of the Centre.
Which of the statements given above is/are correct
1 only
2 only
Both 1 and 2
Neither 1 nor 2
• The Constitution provides for inter-government delegation of executive functions in order to mitigate rigidity and avoid a situation of deadlock.
• Accordingly, the President may, with the consent of the state government, entrust to that government any of the executive functions of the Centre. Hence, statement 1 is not correct. • Conversely, the Governor of a state may, with the consent of the Central government, entrust to that government any of the executive functions of the state. Hence, statement 2 is correct.
• This mutual delegation of administrative functions may be conditional or unconditional.
• The Constitution also makes a provision for the entrustment of the executive functions of the Centre to a state without the consent of that state. But, in this case, the delegation is by the Parliament and not by the President. Thus, a law made by the Parliament on a subject of the Union List can confer powers and impose duties on a state, or authorise the conferring of powers and imposition of duties by the Centre upon a state (irrespective of the consent of the state concerned). Notably, the same thing cannot be done by the state legislature
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