GS PrelimsPolityFederalism in Indian Constitution1995

Which of the following is/are extra-constitutional and extra-legal device(s) for securing cooperation and coordination between the States in India? 1. I. The National Development Council 2. II. The Governors' Conference 3. III. Zonal Councils 4. IV. The Interstate Council. Choose the correct answer from the codes given below:

A

I, II and III

B

I, III and IV

C

III and IV

D

IV only

Correct Answer: Option A

Explanation

1. The question asks to identify extra-constitutional and extra-legal device(s) for securing cooperation and coordination between the States in India. 2. Extra-constitutional means not mentioned in the Constitution. Extra-legal usually implies not based on a specific law passed by Parliament (though they might operate based on government resolutions or executive orders). 3. I. The National Development Council (NDC): Established by an executive resolution of the Government of India in 1952. It is neither a constitutional body nor a statutory body (created by an Act of Parliament). Thus, it is extra-constitutional and extra-legal (in the sense of not being statutory). 4. II. The Governors' Conference: A conference convened by the President, where Governors discuss matters of mutual interest. It operates by convention, not based on the Constitution or statute. Thus, it is extra-constitutional and extra-legal. 5. III. Zonal Councils: These were established by the States Reorganisation Act of 1956 (an Act of Parliament). Therefore, they are statutory bodies, not extra-legal, although not explicitly mentioned in the Constitution itself. 6. IV. The Interstate Council: Article 263 of the Constitution explicitly provides for the establishment of an Interstate Council by the President to inquire into and advise upon disputes between states, investigate subjects of common interest, and make recommendations for better coordination. Since it is provided for in the Constitution, it is a constitutional device, not extra-constitutional. 7. Therefore, the National Development Council (I) and the Governors' Conference (II) fit the description of being both extra-constitutional and extra-legal (non-statutory). Zonal councils are statutory, and the Interstate Council is constitutional. *Correction: Zonal councils are statutory, so they are legal but extra-constitutional. Interstate council is constitutional. NDC and Governors' Conference are extra-constitutional and non-statutory (extra-legal). The question asks for devices that are BOTH extra-constitutional AND extra-legal.* This means I and II qualify. However, the options provided are (A) I, II and III, (B) I, III and IV, (C) III and IV, (D) IV only. There seems to be a mismatch, as I and II are the best fit. Let's re-evaluate 'extra-legal'. If 'extra-legal' means 'non-constitutional', then I, II, III would fit. If it means 'non-statutory', then I and II fit. If it means outside the formal legal framework (Constitution or Statute), then I and II are the strongest candidates. Option (A) includes III (Zonal Councils), which are statutory. This suggests maybe 'extra-legal' was intended differently or there's an issue with the question/options. Assuming 'extra-legal' implies non-statutory, I and II fit. Option A includes I and II. Let's reconsider Zonal Councils. While statutory, they function as advisory bodies promoting cooperation, fitting the purpose. Maybe they are considered 'extra-legal' in the sense of not having binding judicial power? This is interpretation. If we strictly take extra-constitutional AND non-statutory, only I and II fit, which isn't a complete option among A, B, C, D except as part of A. If we consider all non-constitutional bodies promoting cooperation, it would be I, II, III. Let's assume the intended answer includes statutory but non-constitutional bodies focused on cooperation, making (A) plausible.

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