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Functions of the State Government

Much like the government of the Union, states derive their authority directly from the Constitution, and function within the sphere of responsibility that the Constitution has allotted them.

  • The Constitution of India establishes a dual polity with a defined division of powers between the Union and the States. 
  • A power is the legal right that one of the branches of government—the executive, the legislative, or the judicial—has to carry out an activity.
  • Both the state governments and the national (or federal) governments in this country have distinct and separate powers. 
  • Both the national government and the individual states have some capabilities .
  •  However, there are some tasks that neither level of government can accomplish. 
  • A comparison between the national government and the state governments’ powers is provided below.

Competences of the National Government:

  • Create your own money.
  • War should be declared.
  • Establish separate branches of the military.
  • Put your signature on some treaties with other countries.
  • Establish rules and guidelines for both intrastate and foreign trade.
  • Construct post offices and postage stamps.
  • Create legislation that upholds the Constitution.

Competencies of the State Government:

  • Establish governments at the local level.
  • The issuance of licences for various activities including marriage, driving, hunting, etc.
  • Control the flow of business throughout the state.
  • Carry out the elections.
  • Confirm the adjustments.
  • Contribute to improving the general health of the population.
  • Establish the minimum age at which drinking and smoking are permitted by legislation.
  • Develop state constitutional documents.
  • any authority that has not been expressly delegated to the national government.

Maintenance of Law & Order

Since the birth of civilisation, the necessity for human societies to maintain order has been an essential component. No matter what kind of government is in place, whether it be a monarchy, an aristocracy, a dictatorship, or a democracy, all of them make it their top goal to ensure that there is law and order in the territory that is under their control and to work toward making things better.

In order to accomplish this objective, the government makes use of a variety of instruments, all of which will be discussed in depth throughout this section. 

In this context, “framing of required set of rules called laws” refers to the establishment of a law and order machinery. “Recruitment of concerned manpower and their training” refers to “punishment for the law breakers through the judiciary;” “set up of law and order machinery” refers to “recruitment of concerned manpower and their training

Provision of Social Amenities, as well as their Conservation

The ICESCR places an obligation on states that are parties to ensure that the right to social security is respected, protected, and realised.

The United Nations Committee on Economic, Social, and Cultural Rights clarified in its General Comment no. 19 (2007) On the Right to Social Security that the right to social security as enshrined in the ICESCR includes:

 “the right to access and maintain benefits, whether in cash or in kind, from 

(a) lack of work-related income caused by sickness, disability, maternity, employment injury, unemployment, old age, or death of a family member; 

(b) inaccessibility to health care that is affordable;

It is the responsibility of the state parties to make certain that “the social security system will be adequate, accessible for everyone, and will cover social risks and contingencies.” In addition, state parties have the responsibility to make it easier for people to exercise their right to social security by “adopting a national social security strategy” and “sufficiently recognising this right within the national political and legal systems, preferably by way of legislative implementation.”

The Securing of Employment Opportunities and the Advancing of Economic Activities

Employment provisions are a wide term that can be described as obligations that are incurred by a company as a direct result of the costs of salaries and wages. These liabilities are typically the result of the deduction of income taxes and contributions to retirement benefits on behalf of employees, as well as the requirement that businesses provide for the annual leave and long service leave entitlements of employees. In addition, these liabilities can arise from the requirement that businesses provide for the annual leave and long service leave entitlements of employees.Typically, an employment provisions module will calculate closing liability balances for employment-based provisions based on salary and wage expenses, as well as assumptions regarding income tax rates, retirement benefit contribution amounts, and leave entitlements. These calculations are carried out in accordance with applicable laws and regulations. 

The following are included among these liability provisions; nevertheless, this list is not exhaustive:

Taxes withheld from salaries and pay, retirement contributions withheld, annual leave provision, and long service leave rights are all included.

Typically, a closing balance amount will be presented in the balance sheet for each of these items, followed by an impact on either the income statement (in the case of annual or long service leave) or the cash flow statement (in the case of other types of leave) (in the case for salaries and wages taxes or retirement contributions withheld).

Some of these items may also have an influence on taxation responsibilities, necessitating the implementation of a corporate taxation module, depending on the appropriate regulatory and tax legislation of the country in question.

Conclusion

To begin, it is important to point out that the Constitution of India has some of the most detailed laws regulating the relationship between the Union and the States.This is something that should be highlighted right off the bat. This was done with the goal of reducing the number of disagreements that arise between the Center and the States. However, the day-to-day functioning of center-state relations over the course of all these years has raised questions about the appropriateness of the constitutionally mandated arrangements that have been formed.

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