Law and You > Constitutional Law > Administrative Relations Between Centre and State (Article 256-263)

Indian Constitution is neither purely ‘federal’ nor purely ‘unitary’.  The constitution of India follows the federal structure by dividing all of its power between the Centre and the states. Specific subjects have been allocated to the exclusive fields of the centre and the states respectively and certain subjects have been allocated to the ‘concurrent field’ with the stipulation that in the ‘state’ and ‘concurrent’ fields, the states should have the freedom to follow their own policies except to the extent that Parliament itself decides to legislate under the powers given to it under the Constitution. Therefore, the constitution of India has certain provisions that help to regulate Centre-State Relations on various dimensions. However, it should be noted that the Judiciary powers are not decentralised to the states as, according to the constitution of India Judiciary system is an integrated form of power for the entire nation. In this article we shall discuss administrative relations between centre and state.

The relations between the centre and the States have been mentioned in Parts XI and XII of the Constitution under the heads:

• Legislative Relations (Article 245-255 of Part -XI)
• Administrative Relations (Article 256-263 of Part -XI)
• Financial Relations (Article 268-293 of Part –XII)

Administrative Relations between Centre and State:

The administrative relations between the union and the states may well be studied as under: (i) normal and (ii) emergency conditions. The constitution has devised several techniques of control to be exercised over the states by the Union government under normal circumstances. The states shall not interfere with the legislative and executive policies of the Union government. Thus, the constitution has placed restrictions on the states for the executive powers to leave room for the central government to exercise and implement their executive powers unrestrictedly. Therefore, the executive powers of the state should be practised to ensure coordination with the laws made by the Parliament of India. It should not impede the executive powers of the central government in the state.

Article 256 of the Indian Constitution entrusts that every State’s executive power is to be exercised in such a manner as to ensure compliance with the laws made by the Union Parliament. Article 257 empowers the Union Government to give necessary directions to a State for that purpose. The directions in this regard can be issued about communication relating to national or military significance. The Constitution also spells out the implications of non-compliance of the Centre’s directions by the States. According to Article 365, if a State fails to comply with any directions of the Union government, the President can hold that the State government is unable to carry on according to the provisions of the Constitution. Consequently, it can lead to the imposition of the President’s rule under Article 356.

Administrative Relations During Normal Times:

Even in normal times, the Indian Constitution has devised techniques of control over the states by the Union to ensure that the state governments do not interfere with the legislative and executive policies of the union and also to ensure the efficiency and strength of each individual unit which is essential for the strength of the union. Some of these avenues of control arise out of the executive and legislative powers vested in the President, in relation to states. For instance, the President of India has power to appoint and dismiss the Governor, (Art. 155-156) and other dignitaries in the state, if they were found guilty. The President has also got some powers relating to the legislation. His previous sanction to introduce legislation in the state legislature (Art. 304); assent to specified legislation which must be reserved for his consideration (Art. 31A), instruction of President is required for the Governor to make ordinances relating to specified matters (Art. 213), veto power in respect of other State bills reserved by the Governor (Article 200).

• Article 256 deals with the obligation of States and the Union. It states that the executive power of every state shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that state. Additionally, it requires the states to extend their cooperation to the Union in the exercise of its powers and functions. The article also says that the Union can tell a state how to make sure it follows the laws made by Parliament. It can also tell a state how to run its business in the best way possible.
• According to Article 257(1) of the Constitution of India, every state’s executive power must be used in a way that doesn’t get in the way of or hurt the Union’s executive power. The Union’s executive power includes the ability to tell a state what to do if the Government of India thinks it’s necessary for that purpose.
• According to Article 257(2) of the Constitution of India, the Union’s executive power also includes the ability to tell a state how to build and take care of means of communication that are deemed to be of national or military importance in the direction. It also says that provided that nothing in this clause can be used to limit the ability of Parliament to declare highways or waterways as national highways or national waterways, or the ability of the Union to build and maintain means of communication as part of its duties for naval, military, and air force works.
• According to Article 257(3) of the Constitution of India, the executive power of the Union shall also include the ability to instruct a state on the precautions that need to be taken in order to ensure the safety of the railroads that are located within that state.
• According to Article 257(4) of the Constitution of India, the Government of India is obligated to reimburse each state for costs that exceed those that would have been incurred in the normal performance of the state’s responsibilities in the absence of any direction given to the state under clause (2) or clause (3) regarding the construction or maintenance of any means of communication or regarding the measures to be taken for the protection of any railway.
• This provision applies when a state is carrying out any direction given to it under clause (2) regarding the construction or maintenance of any means of communication or under clause (3).
• The Constitution has enabled the union and the state governments to exchange their respective administrative functions. For example, the President with the consent of the State government may entrust any executive function of the union to the states while legislating on a Union Subject, Parliament may delegate powers to the state governments and their officers in so far as the statue is applicable in respective states. Conversely, a State government may, with the consent of the Government of India, confer administrative functions upon the latter relating to State Subjects.
• Article 258 of the Indian Constitution talks about the power and authority of the Parliament over the state in the context of implementing and imposing powers on a State Legislature. It also reflects on the involvement of the President of India regarding certain powers that are to be entrusted and exercised on a State. 
• According to Article 258(1) of the Constitution of India, the President of India with a mutual discussion with the Governor of the state, can authorize that State Government or the officers present in the Government to carry out the functions in such matters where the Union Government has the authority to execute power into matters that are of the State. This clause also says that the President can do so despite anything mentioned in our constitution.  
• According to Article 258(2) of the Constitution of India, the law that has been made by Parliament which applies in any state may, despite the fact that it relates to a subject in which the legislature of the state does not have the authority to make laws, confer powers and impose duties, or authorise the conferring of powers and the imposition of duties, upon the state or officers and authorities of the state. This is the case even though the subject of the law is one in which the legislature of the state does not have the authority to make laws.
• According to Article 258(3) of the Constitution of India, any additional administrative costs incurred by the State in connection with the exercise of powers and duties conferred or imposed pursuant to this article shall be reimbursed by the Government of India to the State in an amount agreed upon or, in the absence of agreement, as determined by an arbitrator appointed by the Chief Justice of India.
• Article 258A of the Indian Constitution can be understood as an extension of Article 258 of the Indian Constitution. It talks from the perspective of how the Governor can delegate the responsibilities and power to the officers of the State Government or to the Government itself. According to Article 258A the Governor of a State may, with the approval of the Central Government of India, delegate certain or all of the State’s administrative powers to the Central Government or its officers, notwithstanding any provision of this Constitution to the contrary.
• Article 259, Armed Forces in States in Part B of the First Schedule Rep by the Constitution (Seventh Amendment) Act, 1956 , S 29 and Schedule is Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
• Article 260 deals with the Jurisdiction of the Union in relation to territories outside India. It states that the Government of India may by agreement with the Government of any territory not being part of the territory of India undertake any executive, legislative or judicial functions vested in the Government of such territory, but every such agreement shall be subject to, and governed by, any law relating to the exercise of foreign jurisdiction for the time being in force. Thus, any executive, legislative, or judicial functions vested in the Government of any territory outside of India may be assumed by the Government of India pursuant to an agreement with the Government of such territory provided, that such an agreement shall be subject to and governed by any law relating to the exercise of foreign jurisdiction for the time being in force.
• Article 261 of the Indian Constitution talks about how Public Acts, records and proceedings will be valid throughout the country. It gives us the protocols on how we can authenticate the records we have kept for legal purposes, among other things. 
• According to the Article 261(1) of the Constitution of India, all official acts, records, and judicial proceedings of the Union and of every State should be given full faith and credit throughout the whole territory of India.
• According to the Article 261(2) of the Constitution of India, the effect of the acts, records, or procedures referred to in clause (1) shall be determined in the manner and according to the requirements set forth in the legislation.
• According to the Article 261(3) of the Constitution of India, civil judgements and decisions issued by courts located anywhere in India are legally binding and enforceable throughout the entire country.
• Article 262 authorises the Parliament to provide by law for adjudication of any dispute or complaint with respect to the uses, distribution or control of the waters of any Inter-State rivers and River Valleys under clause (2) of this Article. Parliament may by law provide that neither the Supreme Court nor any other court shall have any jurisdiction in respect of such disputes and complaints relating to water of Inter-State rivers and River Valleys. Under the Article 262, Parliament passed Inter-State Water Disputes Act, 1956. This Water Disputes Act empowers the Central government to set up a Tribunal for the adjudication of such disputes. The decision of the Tribunal shall be final and binding on the parties to the disputes. Neither Supreme Court nor any other court shall have jurisdiction in respect of any water dispute which may be referred to such a Tribunal under that Act.
• The President of India is empowered to establish Inter-state Council, if at any time it appears to him that the public interests would be severed thereby. The duty of Inter-State Council is to inquire and advise upon disputes which may have arisen between states. It also investigates and discusses subjects of common interest between the union and states or between two or more states, for instance, research in such matters as agriculture and forestry.

Administrative Relations During Emergency:

• The Indian Constitution provides for three kinds of emergency situations where the provisions available in the constitution can be pressed into service. These three situations are related to imposition of National Emergency (Art. 352) when there is war, threat of war or internal rebellion. The second situation is related to the breakdown of the constitutional machinery in the state where the centre intervenes through the President of India for the imposition of President’s Rule in the state under Article 356. The third situation is related to grave financial crisis and there is need to impose Financial Emergency under Article 360.
• The Government of India, under proclamation of emergency, shall acquire the power to give directions to a state, on any matter. Though the state government will not be suspended, but it will be under the complete control of the union executive. During the operation of emergency, Parliament shall have the power to legislate on any matter in the State List. It can modify the provisions of the constitution relating to the allocation of financial resources.

Appointment of Governor and Role of Governor:

The Governor is the Constitutional Head of the State in India which is a Union of states. The President of India appoints the Governor of a State. The Governor performs functions as the agent of the Center and submits period reports to the Center. Thus, the Center exercises control over States through the Governers’ office. Governor exercises certain discretionary powers. The discretion becomes more common with reference to the following issues: the formation of the government after the general elections, choosing the Chief ministerial candidate, especially when there is no clear mandate to any political party in the legislature, determining the timing for proving majority in Legislative Assemblies, give assent to bills or reserving bills for the President of India.

Interstate Water Resources and National Highways:

Parliament can declare Highways and Waterways as National Highways or Waterways. Article 262 deals with waters of inter-state rivers and river valleys. Parliament can also frame the rules and regulations regarding disputes between two states or among the few states concerning water distribution

Inter-State Council:

Article 263 of India’s Constitution gives power to the President to appoint an Inter-State Council to inquire about the disputes that may have arisen between the States; to investigate and discuss subjects in which the Sates or the Union and States have a common interest; and, to make recommendations upon these subjects and in the particular recommendation for the better coordination and action in respect of these subjects.

All India Services:

Both the Center and the States control the All India Services (IAS, IPS and IFS). However, the Center has ultimate control over these services, whereas States exercise immediate and relatively less control.

Conclusion:

The distribution of powers between the centre and states in the legislative and executive fields, as stipulated in the Constitution is clearly delimited in their scope. At the same time the Constitution provides for devices through which cooperation between the centre and states is facilitated. These include constitution of All India Services, Joint Public Service Commission for two or more states and presence of integrated judicial system. The setting of Inter-State Council by the National Front government for the first time is considered a positive step towards promoting harmonious relationship between\the union and states in bringing about overall development of the country. The Sarkaria Commission on centre-state relations suggested certain constitutional changes, which would smoothen the relationship between the centre and states. Efforts need to be made to make our federal system decentralised on both political and administrative fronts.

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