ADMINISTRATIVE RELATIONS BETWEEN UNION AND STATE

Table of Contents

Article 256 – Obligations of State and Union

According to Article 256, the executive power of the state must be in accordance with the laws enacted by parliament as well as any existing laws that apply in the state, and the executive power of the Union extends to giving guidance to states as deemed essential by the Government of India.          

Article 257 – Control of Union over States

Article 257 lays down provisions where the Union exercises control over the States, especially in matters of national importance.

Non-Interference of State Executive Powers – Article 257(1)

• This article provides that States are expected to exercise their executive powers in a way that does not hinder the Union’s authority.
• The Union Government may issue necessary directions to State Governments to ensure national interest and coordination.

Union’s Executive Power for National Communication – Article 257(2)

• This article direct States to construct or maintain highways, railways, or any communication systems essential for national defense.

• Parliament can declare certain routes as National Highways or Waterways, and the Union may independently undertake such construction projects as part of its defense or military operations.

Protection of Railways – Article 257(3)

The Union can instruct the states to ensure protection of railways as a matter of national security and public interest.

Compensation for State Expenditure – Article 257(4)

Article 257(4) provides that the Indian government should pay the amount that an arbitrator appointed by the Chief Justice of India determines if the costs incurred in carrying out any directive given to a state under clauses 2 and 3 exceed the costs that would have been incurred in the discharge of states’ national duties.      

Article 258 – Power of Union to Confer Functions on States

• Delegation to government- Article 258(1) provides that It states that the president, with the approval of the governor of the state, may delegate to the government or its officials functions in regard to any topic within the scope of the Union’s executive power, either conditionally or unconditionally.

• Law made by Parliament- Article 258(2) provides that a law made by parliament which applies in any state confer powers and impose duties or authorize the conferring of powers and imposition of duties upon the state or officers and authorities.

• Duties imposed on officers of state- Article 258(3) provides that when the duties have been imposed by Union upon the officers of state, a sum shall be paid by the govt. of India to the state which may be determined by an arbitrator appointed by Chief Justice of India.

  Article 259 – Repealed

This article was repealed by the 7th Constitutional Amendment Act, 1956.

Article 260 – Jurisdiction Outside India

The Government of India can enter into agreements to undertake legislative, executive, or judicial functions in foreign territories. Such laws must align with the Foreign Jurisdiction Act or applicable provisions.

Article 261 – Public Acts, Records and Judicial Proceedings

• 261(1): Full faith and credit must be given across India to public acts, records, and court proceedings.
• 261(2): Parliament may define how such documents shall be proved and their legal consequences.
• 261(3): Final judgments by civil courts shall be executable throughout India.

Article 262 – Disputes Relating to Water

Parliament may enact laws for adjudication of inter-state water disputes and may bar the jurisdiction of the Supreme Court or any other court in such matters.

Article 263 – Inter-State Council

If deemed necessary by the President, an Inter-State Council may be established to:

• Inquire and advise on inter-state disputes
• Discuss subjects of common interest
• Recommend coordination of policies and implementation

This provision enhances cooperation and federal harmony in India.

References:

1. Constitution of India- Bare Act
2. Indian Constitutional Law by Dr. J.N. Pandey