Administrative Relations Between the Union and the States (Articles 256–263)

At a Glance

• What it is Distribution of executive powers and directions from the Centre
• Articles Articles 256 to 263
• Sanction Article 365 and President’s Rule
• Delegation Mutual, by agreement or legislation
• Exam link UPSC Prelims, Polity: Centre-State Relations

Where Does It Fit?

This is the fifth topic of the category on Centre-State Relations. Articles 256 to 263 in Part XI deal with the administrative relations between the Centre and states. The executive power is divided on the lines of legislative power, with certain exceptions.

Distribution of Executive Powers

The executive power of the Centre extends to the whole of India: to matters on which Parliament has exclusive legislative power (the Union List) and to the exercise of rights, authority and jurisdiction conferred by any treaty or agreement. The executive power of a state extends to its territory in respect of matters on which the state legislature has exclusive power (the State List). On Concurrent List subjects, the executive power rests with the states except when a Constitutional provision or a parliamentary law specifically confers it on the Centre. For example, under the Essential Commodities Act, a law on a concurrent subject, the executive power is vested in the Centre.

Obligations and Directions

Two restrictions are placed on the executive power of the states: it is to be exercised so as to ensure compliance with Parliament’s laws and existing laws applying in the state, and so as not to impede or prejudice the exercise of the Centre’s executive power in the state. The Centre can give such directions as are necessary. The sanction is coercive: Article 365 says that if a state fails to comply with directions, it is lawful for the President to hold that the government of the state cannot be carried on in accordance with the Constitution, and President’s Rule can be imposed under Article 356.

In addition, the Centre can give directions to states on: the construction and maintenance of means of communication declared to be of national or military importance; measures to protect the railways within the state; provision of adequate facilities for instruction in the mother tongue at the primary stage for linguistic minority children; and the drawing up and execution of specified schemes for the welfare of Scheduled Tribes. Article 365 sanction applies here too.

Mutual Delegation of Functions

The distribution of legislative power is rigid, so the Centre cannot delegate legislative powers to the states and a single state cannot ask Parliament to legislate on a state subject. To avoid executive deadlock, the Constitution provides for inter-government delegation of executive functions. The President may, with the consent of the state government, entrust to it any executive function of the Centre. Conversely, the Governor may, with the consent of the Central government, entrust to it any executive function of the state; this provision was added by the 7th Amendment Act of 1956, before which only the Centre had the power. The Constitution also allows the entrustment of the Centre’s executive functions to a state without its consent, but only by a law of Parliament on a Union List subject conferring powers and imposing duties on a state; the state legislature cannot do the same.

Cooperation Provisions

The Constitution contains provisions to secure cooperation: Parliament can provide for adjudication of disputes over inter-state river waters; the President can establish an Inter-State Council under Article 263; full faith and credit is given throughout India to public acts, records and judicial proceedings of the Centre and every state; and Parliament can appoint an authority to carry out the constitutional provisions on inter-state freedom of trade, commerce and intercourse, but none has been appointed so far.

Why Is This Topic Important?

• Article 365 link Connects to President’s Rule
• Delegation Both methods asked
• Directions List of four matters

What Came Next?

The next topic covers All-India Services and Centre-State administrative coordination.

Key People and Terms

• Executive power Power to implement laws
• Article 365 Failure to comply with Union directions
• Entrustment Delegation of functions
• Full faith and credit Recognition of acts across states
• Article 257 Control over states in some cases

Exam Corner

Mains Angle

Questions on this topic usually ask about the Centre’s control over state executives. Use these points to add depth.

• Executive division Follows legislative division
• Coercive sanction Article 365
• Delegation Flexibility
• Cooperation tools Inter-State Council and river tribunals