Administrative Relations Between Union And State Governments

Article 256 to 263 deal with administrative relations between the Union and States. As per Article 73 the executive power of the Union extends to the matters with respect to which Parliament has power to make laws. Similarly, as per Article 162 executive Power of State extends to the matters with respect to which the State Legislature has power to make laws.  A centralizing tendency is also discernable in administrative relations as was the case with legislative relations between Union and the States.  Executive power of a State has to be exercised in compliance with laws made by Union and the Union can issue direction for the same. If such directions are not complied with, the President under Article 365 can form an opinion that administration of state is not carried on in accordance with provisions of the Constitution. Further during proclamation of emergency under Article 352 or President rule under Article 356, administrative functions of State can be discharged by the President.

How executive powers of state have to be exercised ? (Article 256)

The executive power of states has to be exercised in such manner as to ensure compliance with laws made by Parliament. The Union may give direction to states for such purposes.

In which cases Union have control over states ? (Article 257)

Article 257 provides for control of Union over states in certain cases.

The power of state has to exercised   in such manner as not to impede or prejudice the exercise of the executive power of the Union. The Union can give directions to States in such respect.

The Union can also give directions to States in respect of construction and maintenance of means of communications declared to be national or military importance.

The Union can also give directions for protection of railways within a state.

For additional work done by State on account of direction of Union, the Union Government will pay such sum as agreed between both Governments. In event of default of agreement, such payment will be paid as determined by arbitrator appointed by Chief Justice of India.

In which cases Union can confer power on States ? (Article 258)

The Union with consent of the states can entrust State or its officers, conditionally or unconditionally function in relation to any matter to which the executive power of the Union extends.

A law made by parliament may confer power and impose duties or authorize conferring of power and imposition of duties on the state or any of its officers even if State Legislature does not have any power to legislate on these matters.

For additional work done by states, the Union Government will pay such sum as agreed between both Governments. In event of default of agreement, such payment will be paid as determined by arbitrator appointed by Chief Justice of India.

When can a state entrust functions to the Union ? (Article 258 A)

The Governor of a State with consent of Government of India can entrust either conditionally or unconditionally Govt of India or its officers in relation to matter over which executive powers of State extends.

What is jurisdiction of Union in relation to territories outside India ? (Article 260 )

The Government. of India may by agreement with the Government of any Territory not being part of territory of India undertake any executive, legislative or judicial functions of such territories. Every such agreement are  subject to foreign jurisdiction.

How Public Acts, Records, and Judicial Proceedings are treated ? (Article 261)

Full faith and credit has to be given throughout the territory of India to public acts, records and judicial proceedings of Union and of every State. Final judgments or orders delivered by Civil Courts in any part of territory will be capable of execution anywhere within the territory.

How inter state water dispute is adjudicated ? (Article 262)

Parliament has been empowered to provide for adjudication of any dispute or compliant with respect  to the use, distribution, or control of waters of interstate river or river valley. Parliament may bar the jurisdiction of Supreme Court or any other Court in case of Inter State water dispute.

What is Inter State Council ? (Article 263)

The Supreme Court has original jurisdiction to determine dispute between states. Article 263 empowers the President to create interstate council to resolve disputes among states.  Such Council can inquire into and advise upon disputes which may have arisen between states, investigate and discuss subjects in which some or all the states or the Union and one or more of the states have a common interest or making recommendations upon any such subject and in particular recommendations for the better coordination of policy and action with respect to that subject.  

________________________________________________________________