Introduction: The Administrative Nexus
Administrative relations between the Union and the States, detailed in Articles 256 to 263 (Part XI, Chapter II) of the Constitution, define the framework for the exercise of executive powers and inter-governmental coordination. While legislative powers are distributed, ensuring effective implementation requires a robust administrative interface. The Indian Constitution provides for a system where the executive power is generally co-extensive with legislative power, but it also includes mechanisms for Central direction to states, mutual delegation of functions, and institutions for inter-state cooperation. These provisions aim to ensure the smooth functioning of governance across the country, while also reflecting the characteristic unitary tilt of Indian federalism.
12.3.1: Distribution of Executive Powers
The general principle for the distribution of executive powers follows the distribution of legislative powers.
Union's Executive Power (Article 73)
Co-extensive with Union List: Extends to all matters with respect to which Parliament has power to make laws (i.e., subjects in the Union List).
Treaties & Agreements: Extends to the exercise of such rights, authority, and jurisdiction as are exercisable by the Government of India by virtue of any treaty or agreement.
State's Executive Power (Article 162)
Co-extensive with State List: Extends to all matters with respect to which the Legislature of the State has power to make laws (i.e., subjects in the State List).
Territorial Limit: State governments can execute laws on State List subjects within their respective territories.
Concurrent List Matters:
In respect of matters in the Concurrent List (where both Parliament and State Legislatures can make laws), the executive power ordinarily rests with the States. This is subject to any express provision in the Constitution or in any law made by Parliament which may vest the executive power in the Union. This implies that while Parliament can make laws on Concurrent List subjects, their execution is generally left to the State governments, unless Parliament specifically provides for Union execution.
Key Administrative Provisions
Article 256 imposes certain obligations on the States concerning the exercise of their executive power to ensure the smooth functioning of the Union's legislative and executive authority.
State's Duty: Every State is duty-bound to exercise its executive power in such a manner as to ensure compliance with laws made by Parliament and any existing laws which apply in that State. This underscores the supremacy of Parliamentary laws and the need for states to uphold them.
Union's Power to Direct: The Union government has the power to give directions to a State government as may appear to be necessary to ensure that the State complies with its obligation under Article 256. This is a significant tool for the Centre to secure the implementation of Central laws and policies through state machinery.
Article 257 further elaborates on the Centre's power to control and direct State executive actions in specific areas.
Preventing Impediment: The executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union. The Union's executive power extends to giving such directions to a State as may appear to the Government of India to be necessary for that purpose (Art 257(1)).
Means of Communication: The Union can give directions to a State as to the construction and maintenance of means of communication (roads, waterways, etc.) declared in the direction to be of national or military importance. The Union will bear any extra costs incurred by the state (Art 257(2) & (4)).
Protection of Railways: The Union can give directions to a State as to the measures to be taken for the protection of the railways within the State. The Union will bear any extra costs incurred by the state (Art 257(3) & (4)).
Article 365: Sanction for Non-compliance
Where any State has failed to comply with, or to give effect to, any directions given in the exercise of the executive power of the Union under any of the provisions of the Constitution, it shall be lawful for the President to hold that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of the Constitution. This effectively means that such failure can be a ground for the imposition of President's Rule in the state under Article 356.
The Constitution provides for inter-governmental delegation of executive functions to ensure operational efficiency and flexibility.
Union to States (Art 258)
By Consent (Art 258(1)): President may, with State consent, entrust Union executive functions to the State or its officers.
By Parliamentary Law (Art 258(2)): Parliament can by law confer powers and impose duties upon a State or its officers, even on matters where the State Legislature has no power to make laws. This is 'statutory' or 'coercive' delegation.
Cost Reimbursement (Art 258(3)): Union pays extra costs incurred by the state for such functions.
State to Union (Art 258A)
By Consent: Governor of a State may, with the consent of the Government of India, entrust State executive functions to the Union or its officers.
7th Amendment (1956): Added this provision for reciprocity in delegation.
The Constitution also envisages mechanisms for inter-governmental cooperation and coordination.
Inter-State Water Disputes (Art 262): Parliament can provide by law for the adjudication of any dispute or complaint with respect to inter-State river water use. Parliament can also bar Supreme Court/other courts from jurisdiction in such disputes. (Inter-State River Water Disputes Act, 1956, River Boards Act, 1956).
Inter-State Council (Art 263): President can establish an ISC if public interests served. Duties: inquire into/advise on State disputes, investigate/discuss common interest subjects (Union/States), recommend coordination. Established in 1990 based on Sarkaria Commission recommendations; recommendatory body.
Full Faith and Credit (Art 261): Full faith and credit shall be given throughout India to public acts, records, and judicial proceedings of the Union and every State. Final judgments of civil courts are executable anywhere in India.
12.3.6: All-India Services (Article 312)
All-India Services (AIS) are a unique feature of Indian administrative relations, creating a common pool of officers for key administrative positions.
What are AIS?
Services common to both Union and States.
Current AIS:
Indian Administrative Service (IAS)
Indian Police Service (IPS)
Indian Forest Service (IFoS - constituted 1966)
Recruitment & Control
Recruited & trained by Central government (UPSC, LBSNAA, SVPNPA).
Assigned to State cadres, serve both State & Centre.
Ultimate Control:
Immediate control by State, but ultimate control (incl. disciplinary action) lies with Central government.
Purpose & Criticism
Aimed at maintaining high standards, uniformity, cooperation, and national unity.
Criticism:
Undermines State autonomy (States don't have full control).
Officers may be more loyal to Centre.
Can act as Centre's agents, causing friction.
Rajamannar Committee recommended abolition; Sarkaria Commission supported continuance.
Creation of New AIS (Article 312)
Parliament is empowered to create new All-India Services if the Rajya Sabha passes a resolution supported by not less than two-thirds of the members present and voting, declaring that it is necessary or expedient in the national interest to do so.
12.3.7: Integrated Judicial System
Unified Justice for Unified Governance
India has an integrated judicial system. While High Courts operate at the state level, they are part of a single hierarchy with the Supreme Court at its apex. This integrated structure, where Central and State laws are enforced by the same courts, also has implications for administrative relations, ensuring uniformity in judicial administration and interpretation across the nation. Judges of High Courts are appointed by the President, and Parliament can establish common High Courts for two or more states.
12.3.8: Relations during Emergencies
Emergency provisions drastically alter Centre-State administrative relations, making the system virtually unitary:
National Emergency (Article 352)
The executive power of the Union extends to giving directions to any State as to the manner in which its executive power is to be exercised. Parliament can confer powers and impose duties upon the Union or its officers in respect of matters not in the Union List (Article 353).
President's Rule (Article 356)
The President can assume all or any of the functions of the State Government and its powers. The State executive is dismissed, and its administration is directly run by the Centre through the Governor acting on behalf of the President.
Financial Emergency (Article 360)
The Union can give directions to any State to observe financial propriety. This may include requiring reduction of salaries and allowances of persons serving in the State (including High Court Judges).
Prelims-ready Notes
Distribution of Executive Powers: Co-extensive with legislative powers. Union: Union List, treaties (Art 73). States: State List (Art 162). Concurrent List: Ordinarily with States, unless Parliament directs otherwise.
Obligation of States (Art 256): Ensure compliance with Parliamentary laws. Union can give directions.
Union Control over States (Art 257): State exec. power not to impede Union. Directions for communications (national/military importance), protection of railways. Art 365: Failure to comply with Union directions can lead to President's Rule (Art 356).
Mutual Delegation of Functions: Union to States (Art 258(1) - consent, Art 258(2) - Parliamentary law). States to Union (Art 258A - Governor with Union consent, added by 7th Amendment, 1956).
Cooperation Between Centre & States: Art 262 (inter-state water disputes), Art 263 (Inter-State Council - est. 1990), Art 261 (Full faith and credit).
All-India Services (Art 312): IAS, IPS, IFoS. Recruited/trained by Centre, serve Centre/States. Ultimate Central control. Rajya Sabha resolution (2/3rd) needed for new AIS.
Integrated Judicial System: Single hierarchy enforcing both Central & State laws.
Relations during Emergencies: National (Art 352): Union directs States. President's Rule (Art 356): State exec. dismissed. Financial (Art 360): Union directs financial propriety.
Summary Table: Key Articles in Administrative Relations
| Article | Provision | Significance |
|---|---|---|
| Art 256 | Obligation of States to comply with Union laws; Union directions. | Ensures implementation of Central laws. |
| Art 257 | Control of Union over States in certain cases (communications, railways). | Prevents States from impeding Union executive power. |
| Art 258 | Delegation of Union functions to States (by consent or by Parliament's law). | Facilitates administrative convenience and flexibility. |
| Art 258A | Delegation of State functions to Union (by consent). | Provides reciprocity in delegation. |
| Art 261 | Full faith and credit clause. | Ensures national recognition of official acts and judicial decisions. |
| Art 262 | Adjudication of inter-state water disputes. | Mechanism for resolving specific federal disputes. |
| Art 263 | Provision for Inter-State Council. | Promotes inter-governmental coordination and cooperation. |
| Art 312 | All-India Services. | Instrument for administrative unity and Centre's influence. |
| Art 365 | Sanction for failure to comply with Union directions. | Enforces Central directives; can lead to President's Rule. |