Understanding the Interplay
In India's quasi-federal structure, the distribution of legislative powers is clearly defined, but the executive implementation of these powers requires close coordination. Administrative relations, outlined in Part XI, Chapter II (Articles 256-263) of the Constitution, detail how the Union and State governments cooperate and control each other in the executive sphere. This relationship is designed to ensure national unity and effective governance while respecting state autonomy.
It encompasses aspects like the obligation of states to comply with Central laws, the Centre's power to issue directions, mutual delegation of functions, and mechanisms for inter-state coordination. Unlike legislative relations, administrative relations often exhibit a more pronounced unitary bias, reinforcing the Centre's role in maintaining the country's integrity.
12.3.1: Distribution of Executive Power
The Constitution meticulously outlines how executive authority is distributed and exercised between the Union and the States, ensuring harmony and compliance.
Article 256: Obligation of States and the Union
Every State's executive power must be exercised to ensure compliance with laws made by Parliament and any existing laws applicable in the State. The Union's executive power extends to giving directions to a State for this purpose.
Mandatory ComplianceArticle 257: Union's Control over States
The executive power of every State shall be exercised as not to impede or prejudice the exercise of the executive power of the Union. The Union can give directions to a State as it deems necessary for this purpose.
No Impediment to UnionArticles 258 & 258A: Mutual Delegation
The President (with State consent) or a State Governor (with Union consent) can entrust executive functions to each other. This facilitates flexible administration and resource utilization.
Cooperative Delegation12.3.2: Centre's Power to Issue Directions
Beyond general obligations, the Centre can issue specific directions to States on certain matters to ensure national uniformity and protection of Central interests.
National/Military Communications
Directions regarding the construction and maintenance of means of communication declared to be of national or military importance (e.g., National Highways, strategic roads).
Protection of Railways
Directions for the protection of railways within the State, crucial for national infrastructure.
Primary Education in Mother-Tongue (Art. 350A)
Ensuring adequate facilities for instruction in the mother-tongue at the primary stage of education for children belonging to linguistic minority groups.
Welfare of Scheduled Tribes (Art. 339(2))
The Union can direct a State to draw up and execute schemes essential for the welfare of the Scheduled Tribes in the State.
Consequence of Non-Compliance (Article 365)
If a State consistently fails to comply with or give effect to any directions given by the Union, it shall be lawful for the President to hold such a situation as a failure of constitutional machinery in the State. This can lead to the imposition of President's Rule under Article 356.
Critical Implication of Federalism12.3.3: All-India Services - The Steel Frame
The All-India Services act as a crucial link between the Centre and States, ensuring administrative uniformity and national integration.
The All-India Services (AIS) play a pivotal role in maintaining the unity and integrity of the Indian administrative system. These services, namely the Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Forest Service (IFS), are recruited and trained by the Centre through a common examination but are then allotted to various States. They serve in the States under the control of the State government, but the ultimate disciplinary and recruitment control lies with the Central government.
This unique arrangement ensures that high-quality, uniform administrative standards are maintained across the country and that the Centre has a channel to influence state administration, contributing to administrative coherence and national integration.
- Central recruitment, State deployment.
- Maintain uniform administrative standards and efficiency.
- Promote national integration and cohesion.
The "Steel Frame"
Sardar Vallabhbhai Patel famously described the All-India Services as the "steel frame" of India, highlighting their crucial role in holding the country together by providing consistent and unified administrative leadership.
12.3.4: Inter-State Coordination & Cooperation
Effective governance requires mechanisms for states to cooperate with each other and with the Centre, especially in resolving disputes and sharing resources for collective progress.
Inter-State Council (Article 263)
The President can establish an Inter-State Council to inquire into and advise upon disputes between States, investigate and discuss subjects of common interest, and make recommendations for better policy coordination. It is a vital platform for cooperative federalism.
- Advisory body, not a court of law.
- Facilitates policy coordination and conflict resolution.
- Headed by the Prime Minister; includes CMs of states and UTs.
Disputes Relating to Waters (Art. 262)
Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution, or control of waters of, or in, any inter-State river or river valley. Neither the Supreme Court nor any other court shall have jurisdiction in respect of such disputes.
Public Acts, Records, & Judicial Proceedings (Art. 261)
Full faith and credit shall be given throughout the territory of India to public acts, records, and judicial proceedings of the Union and of every State. This ensures legal uniformity and recognition across states, preventing legal chaos.
Zonal Councils
Established under the States Reorganisation Act, 1956, these are statutory (non-constitutional) bodies that foster inter-state cooperation and coordination on economic, social, and cultural matters within specific zones. They are advisory.
Joint Public Service Commissions (Art. 315)
Parliament can establish a Joint State Public Service Commission for two or more States if requested by the Legislatures of those States, streamlining recruitment processes.
Pathway of Administrative Cooperation
Union Government
Directions, Delegation, Coordination
State Governments
Illustrating the two-way flow of executive power, directives, and cooperative mechanisms for effective federal administration.
The Fabric of Governance
Administrative relations are fundamental to the operational success of India's federal system. They ensure that despite the clear division of powers, there is a coherent and unified approach to governance, allowing for national policies to be implemented effectively across diverse states, fostering both autonomy and interdependence.