Constitutional Law-II project

On
Topic: Administrative relationship between Centre and State.

Submitted to
Dr. Ayaz Ahmed
Submitted by
Yaksh shah
Mushirali Saiyed
Batch- 2020-25
Semester 3- section A
United World School of Law

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Declaration

I hereby declare that the project report entitled “Administrative relationship

between Centre and State” submitted by me to United world school of law; is a
record of an original work done by me under guidance of Prof. Ayaz Ahmad in
partial fulfilment of the requirement for the award of the degree of BBA LLB, I
further declare that the work reported in this project has not been submitted and
will not be submitted, either in part or in full, for the award of any other degree or
diploma in this institution or any other university.

Yaksh shah
20200401111

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 CONTENT
S.no Topic Page

1 Introduction 3

2 Article-256 3-4

3 Article-257, 4-6
Article-257-A(Omitted)
4 6-8
Article- 258,258-A,

Article-259(Rep,)
5 8
Article-260

6 Article 261 8-9

7 Article 262 9-10

8 Article 263 10-11

9 Conclusion 11

10 Bibliography 12

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 Introduction

The constitution of India follows a parliamentary form of government. There is a lower house and an upper
house in the parliament at the central level and the states have a state legislative assembly which is also called
Vidhansabha. The constitution under Article 256 to 263 states the relationship of the states and the centre for
administration.
The subject of laws to be made by Parliament and state legislatures is dealt with under Article 246 of the
Constitution. Schedule VII of the Constitution contains three lists 1. The subjects are divided between the
Centre and the States in these lists. The Union List is List I, the State List is List II, and the Concurrent List
is List III. The Central Government has administrative control over topics which the Parliament has
legislative jurisdiction. The State Governments are in charge of the administrative matters included in the
State List but the concurrent list has subjects which are of the importance for both the centre and the state.
the laws made by the state legislature. It establishes the territorial limitations of Parliament's and state
legislatures' legislative powers; Article 246 establishes the Union's and state legislatures' respective
jurisdictions in terms of themes or topics of legislation. The popular belief is that Article 245 gives
Parliament and state legislatures not just geographical jurisdiction but also substantive law-making rights,
which are "subject to the provisions of this Constitution," as indicated in the article's opening lines.
According to this viewpoint, the first sentences of Article 245 justify judicial examination of legislation.

Clause (2) makes it clear that a law passed by Parliament shall not be deemed to be invalid on the ground that
it has extra-territorial operation and is also effective outside the territory of India. For an instance, if a law
exists in India against polygamy for any person who is a citizen of India, and if a man who is already married
goes to China and marries there, that man can be prosecuted in India for his crime committed in another
country. In this situation the person cannot claim extra territorial operations.

Article- 256

Article - 256Obligation of States and the Union. -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, and
the executive power of the Union shall extend to the giving of such directions to a State as may appear to the
Government of India to be necessary for that purpose.

1
https://legislative.gov.in/sites/default/files/COI_1.pdf

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 Administrative relations between the Union and States. The preceding chapter describes the legislative
relations between the States and the Union. This chapter deals with the administrative relations between the
Union and the States.
Although the Union has its own area of power, the territories in which it functions are under the control of
States which in turn have their own areas of power independent of the Union. To ensure that a State
Government by its actions or inactions does not interfere with the legislative and administrative policies of
the Union and thereby undermine the unity of the nation, certain powers of administrative control over the
States have been given to the Central Government.
This article lays down that it shall be the duty of the State to exercise its executive power so as to ensure that
due effect is given within the State to every Act of Parliament and to every existing law which apply in that
State. This is a statement of constitutional duty of every State. The Government of India is entitled to give.
The term "State" cannot be held to apply merely to a geographical entity or territory. A direction can only be
given to a legal entity and not a geographical or territorial entity. Hence, "directions" to the "State" must
necessarily mean directions to States as legal entities which must have legal representatives 2.

Article- 257
Article - 257. Control of the Union over States in certain cases.
(1) 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, and the executive power of the Union shall extend to the giving of such
directions to a State as may appear to the Government of India to be necessary for that purpose.
(2) The executive power of the Union shall also extend to the giving of directions to a State as to the
construction and maintenance of means of communication declared in the direction to be of national or
military importance:
Provided that nothing in this clause shall be taken as restricting the power of Parliament to declare
highways or waterways to be national highways or national waterways so declared or the power of the
Union to construct and maintain means of communication as part of its functions with respect to naval,
military and air force works
(3) The executive power of the Union shall also extend to the giving of directions to a State as to the
measures to be taken for the protection of the railways within the State
(4) Where in carrying out any direction given to a State under clause ( 2 ) as to the construction or
maintenance of any means of communication or under clause ( 3 ) as to the measures to be taken for the
protection of any railway, costs have been incurred in excess of those which would have been incurred in the
discharge of the normal duties of the State if such direction had not been given, there shall be paid by the
Government of India to the State such sum as may be agreed, or, in default of agreement, as may be
2
State Of Karnataka v Union Of India & Another 1978 AIR 68, 1978 SCR (2) 1

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 determined by an arbitrator appointed by the Chief Justice of India, in respect of the extra costs so incurred
by the State
Control of the Union over states in certain cases. .
The preceding article - empowers the Central Government to issue directions to the State Governments for
the purpose of ensuring that due respect for the Central laws is given in the States. This article gives authority
to the Union to issue directions to the States in certain other matters. These are as follows:

The manner in which the executive power of the State shall be exercised so as not to impede or abridge the
executive power of the Union;
2. The construction and maintenance of means of communication, declared to be of national or military
importance; and
3. Measures to be taken for the protection of railways within the State.
Distinction between Article 256 and clause (1) of this article should be noted. The former lays down a
general obligation upon the States. The latter imposes a specific obligation on the States not to do anything
which would impede or hamper the executive power of the Union. Under the Government of India Act,
1935, the obligation of the nature laid down in Article 256 was treated as a constitutional or moral duty of the
States. Under the present Constitution, the Centre is entitled to give directions to the States under Article 256
also.
'Communications' is a State subject3. But clause (2) of this article empowers the Union to direct a State to
construct and maintain means of communications which may be declared to be of national or military
importance.
'Railways' is a Union subject. But police, including railway police, is a State subject.4Under clause (3), the
Union executive can give directions to a State as to the measures to be taken for the protection of railways
within the State.
The Constitution provides for a situation in which a State Government declines to carry out the directions it
has received from the Union Government. Article 365 lays down that where a State has failed to comply with
or give effect to any directions given in the exercise of the executive power of the Union, 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. He will then be entitled to assume all or any of the
functions of the Government of the State and all the powers vested in, or exercisable by, the Governor or
anybody or authority other than the High Court of the State. He may also declare that the powers of the State
Legislature shall be exercisable by or under the authority of Parliament.

3
Entry 13 of List II
4
Entry 2 of List II

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 Clause (4) of this article lays down that if in carrying out any of the aforesaid directions additional costs have
been incurred by the State, it shall be paid by the Government of India such sums as may be agreed. In
default of agreement the matter shall be determined by an arbitrator to be appointed by the Chief Justice of
India
5
[257-A assistance to States by deployment of armed forces or other forces of the Union]6- [Omitted]

Article-258
Article -258. Power of the Union to confer powers, etc, on States in certain cases
(1) Notwithstanding anything in this Constitution, the President may, with the consent of the Governor of a
State, entrust either conditionally or unconditionally to that Government or to its officers functions in
relation to any matter to which the executive power of the Union extends
(2) A law made by Parliament which applies in any State may, notwithstanding that it relates to a matter
with respect to which the Legislature of the State has no power 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 thereof
(3) Where by virtue of this article powers and duties have been conferred or imposed upon a State or officers
or authorities thereof, there shall be paid by the Government of India to the State such sum as may be
agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of
India, in respect of any extra costs of administration incurred by the State in connection with the exercise of
those powers and duties

Clause (1) empowers the President to entrust to a State Government functions relating to any matter falling
within the executive power of the Union.7 The del egation of functions has to be with the consent of the
5
Ins. by the Constitution (42nd Amendment) Act, 1976, S. 43 (w.e.f. 3-1-1977).
6
Omitted by the Constitution (44th Amendment) Act, 1978, S. 33 (w.e.f. 20-6-1979). It read:

257-A. Assistance to States by deployment of armed forces or other forces of the Union.-
(1) The Government of India may deploy any armed force of the Union or any other force subject to the control of the Union for
dealing with any grave situation of law and order in any State.
(2) Any armed force or other force or any contingent or unit thereof deployed under clause (1) in any State shall act in accordance
with such directions as the Government of India may issue and shall not, save as otherwise provided in such directions, be
subject to the superintendence or control of the State Government or any officer or authority subordinate to the State
Government.
(3) Parliament may, by law, specify the powers, functions, privileges and liabilities of the members of any force or any contingent or
unit thereof deployed under clause (1) during the period of such deployment.
7
Kanchamreddi Chinna Ranga Reddi,re, AIR 1962 AP

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 Government of the State. A notification by the President under this article entrusting functions to a State
Government is a legislative act.8
Clause (2) empowers Parliament to use the State executive machinery for the enforcement of Union laws.
For the same purpose, Parliament may confer powers and impose duties upon the State or officers or
authorities thereof in respect of matters in the Union or Concurrent List.
The difference between clauses (1) and (2) may be noted. Under clause (1), the delegation is made by the
Union executive with the consent of the State executive; but under clause (2), the delegation is made by
Parliament by law while legislating on a matter on the Union List, and there is no question of the consent of
the State to which the powers are delegated.9 Moreover, it has been observed that the powers conferred under
clause (2) are necessarily subject to the administrative control of the Union under Articles 256 and 257(1),
where Union can give necessary directions to the States.10
Clause (3) makes it clear that where the power is conferred or the duty is imposed by virtue of a law made by
Parliament, the State is entitled to be compensated for the extra costs which it has to incur on account of the
delegation in respect of matters not within its sphere. The amount is to be determined by agreement, but if
the parties cannot come to an agreement, the amount in respect of extra cost shall be determined by an
arbitrator appointed by the Chief Justice of India.
In Anwar v. State of J&K11, a foreigner challenged the order of deportation by the State Government on the
ground that under the Foreigners Act, 1946, the Central Government alone could pass such an order. The
Supreme Court held that the Central Government had validly delegated its administrative powers under the
Foreigners Act, 1946 to the Government of Jammu & Kashmir under Article 258(1) and consequently the
order of deportation passed by the State Government was valid.

Article 258A: - Notwithstanding anything in this Constitution, the Governor of a State may, with the consent
of the Government of India, entrust either conditionally or unconditionally to that Government or to its
officers functions in relation to any matter to which the executive power of the State extends.

This article was added by the Constitution (7th Amendment) Act, 1956. As noted above, while the President
is empowered by Article 258(1) to entrust Union functions to a State Government or to its officers, there was
no provision enabling the Governor of a State to entrust State functions to the Central Government or its
officers. This lacuna was found to be of practical difficulty in connection with the execution of certain
developmental projects of a State. It has been removed by this article.

8
Jayantilala Amratlal Shodhan v F.N. Rana, AIR 1964 SC 648:(1964)5 SCR 294.
9
Sahadat v Supt., District Jail, AIR 1967 All 11.
10
Sat Pal v. State of Punjab, (1982) 1 SCC 12: AIR 1981 SC 2230.
11
(1971) 3 SCC 104: AIR 1971 SC 337.

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 259. Armed Forces in States in Part B of the First Schedule[ Rep by the Constitution (Seventh Amendment)
12

Act, 1956 , S 29 and Schedule]

Article -260

Article -260.. Jurisdiction of the Union in relation to territories outside India. -

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.

This article enables the Union to assume jurisdiction in respect of any ter ritory outside India by agreement
with that State. But the agreement shall be subject to and governed by laws relating to foreign jurisdiction,
for example, the Foreign Jurisdiction Act, 1947. This Act provides for the exercise of jurisdiction by the
Government of India over territories outside India in respect of which the Government of India has acquired
jurisdiction by treaty, agreement, grant, usage, political sufferance or other lawful means.

Articel-261.

Articel-261 Public acts, records and judicial proceedings

(1)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.

(2) The manner in which and the conditions under which the acts, records and proceedings referred to in
clause ( 1 ) shall be proved and the effect thereof determined shall be as provided by law made by
Parliament.

(3) Final judgments or orders delivered or passed by civil courts in any part of the territory of India shall be
capable of execution anywhere within that territory according to law Disputes relating to Waters.

The provisions of Article 261(1) and (2) are collectively called "full faith and credit" clause. Clause (1)
establishes a rule of evidence and does not deal with jurisdiction13. It declares that full faith and credit shall

12
Armed Forces in States in Part B of the First Schedule. - (1) Notwithstanding any thing in this Constitution, a State specified in
Part B of the First Schedule having any Armed Forces immediately before the commencement of this Constitution may, until
Parliament by law otherwise provides, continue to maintain the said Forces after such commencement subject to such general
or special orders as the President may from time to time issue in that behalf.

(2) Any such Armed Forces as are referred to in clause (1) shall form part of the Armed Forces of the Union.
13
Firm Gauri Lal Gurdev Das vs Jugal Kishore Sharma,AIR1959 Punj 265.

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 be given throughout the territory of India to public acts and judicial proceedings of the Union and of every
State.

The rule applies only to acts which are valid and good and not to those that are void14. The expression "public
acts" will include both executive and legislative acts of the government. The expression "public record" will
include any official book, register or record made by a public servant in the discharge of his official duties or
by any person in performance of a duty specially enjoined by the law of the State in which such book,
register or record is kept.15

The general rule laid down in clause (1) is subject to the power of Parliament to lay down by law:
1) The mode of proof, and
2) The effects of such acts and proceedings in other States.

Clause (3) provides that final judgments or orders of civil courts in any part of the territory of India shall be
executable anywhere within the territory without the necessity of a fresh suit upon the judgment. The rule
applies only to civil judgments. It does not require the courts of a State to enforce the penal laws of another
State.
Clause (3) has no retrospective effect and it was held before the Constitution (7th Amendment) Act, 1956
that Article 261 could not be availed of for the purpose of pressing an application of execution in the territory
then forming part of Part B State where the final judgment of which the execution was sought was given by a
court in the territory then forming part of Part A State prior to 26 January 195016." Clause (3) will apply only
to those judgments or orders which were made after 26 January 1950, when the Constitution came into
force17. It is, however, no condition of clause (3) that the territory in which the decree passed after 26 January
1950 by an Indian Court is sought to be executed should also have been a part of the Indian territory on the
date of decree.

Article – 262

Article - 262. Adjudication of disputes relating to waters of inter State rivers or river valleys
(1)Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use,
distribution or control of the waters of, or in, any inter State river or river valley
(2) Notwithstanding anything in this Constitution, Parliament may by law provide that neither the Supreme
Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is
referred to in clause (1) Co ordination between States.

This article empowers Parliament to enact laws in order to provide for the adjudication of disputes relating to
waters of inter-State rivers or river valleys.

14
R. Venkitaraman v. Central Road Traffic Board, AIR 19533 TC 392.
15
Section 35, Evidence Act,1872.
16
Lunaju Narayan v Purshottam Charan,AIR 1953 MB 225
17
Moloji Nar Singh Rao Shittole v. Shankar Saran,AIR 1962 SC 1737 (1963)2 SCR 577.

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 Clause (2) empowers Parliament to enact provisions barring the jurisdiction of the Supreme Court or other
courts in respect of such disputes.

In explaining the need for an extra-judicial machinery to settle inter-State disputes relating to water-supplies,
the Joint Parliamentary Committee Report observed:

The effect of this is to give each Province complete powers over water supplies within the Province without
any regard whatever to the interests of neighbouring Provinces. The Federal Court would indeed have
jurisdiction to decide any dispute between two Provinces in connection with water supplies, if legal rights or
interests are concerned; but the experience of most countries has shown that rules of law based upon the
analogy of private proprietary interests in water do not afford a satisfactory basis for settling disputes
between Provinces or States where the interests of the public at large in the proper use of water supplies are
involved. It is unnecessary to emphasise the importance from the public point of view of the distribution of
water in India, upon which not only the prosperity, but the economic existence of large tracts depends.

The Water Disputes Act, 1956, empowers the Central Government to set up a tri bunal for the adjudication of
the dispute on a complaint from a State Government that a water dispute with another State in relation to the
waters of an inter-State river or river valley has arisen or is likely to arise. The tribunal shall consist of one
person only nominated in this behalf by the Chief Justice of India from amongst persons who are, or have
been, judges of the Supreme Court or judges of a High Court. The decision given by the tribunal shall be
published in the Official Gazette and the decision shall be final and binding on the parties to the dispute and
shall be given effect to by them. No reference to the tribunal can, however, be made in respect of a dispute
that may arise regarding any matter that may be referred to arbitration under the River Board Act, 1955.
Neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any water dispute
which may be referred to a tribunal under this Act18.

Article 263
Article 263. Provisions with respect to an inter State Council If any any time it appears to the President that
the public interests would be served by the establishment of a Council charged with the duty of
(a) inquiring into and advising upon disputes which may have arisen between States;
(b) investigating and discussing subjects in which some or all of the States, or the Union and one or more of
the States, have a common interest; or
(c) making recommendations upon any such subject and, in particular, recommendations for the better co
ordination of policy and action with respect to that subject, in shall be lawful for the President by order to

18
Commission on Centre State Relations Report(Govt, of India,1988)487-93

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 establish such a Council, and to define the nature of the duties to be performed by it and its organisation and
procedure PART XII FINANCE, PROPERTY, CONTRACTS AND SUITS CHAPTER I FINANCE General.
It shall be lawful for the President by order to establish such a Council, and to define the nature of the duties
to be performed by it and its organisation and procedure.
The Supreme 0urt has jurisdiction to hear disputes between the States involving the existence or extent of a
legal right19. But experience of the working of federations has shown that inter-State disputes of a non-legal
character sometimes arise. It was considered desirable to provide some constitutional machinery for
disposing of such differences. Power, therefore, is given to the President to set up an inter-State Council
charged with the duty of enquiring into and advising as to inter-State disputes, investigating subjects of
interest to one or more States or to the Union and one or more States, and making recommendations in
particular for the better coordination of policy and action on any subject. On this subject the Joint
Parliamentary Committee in its report observed as below20:
It is obvious that if departments or institutions of co-ordination and research are to be maintained at the
Centre in such matters as agriculture, forestry, irrigation, education and public health, and if such institutions
are to be able to rely on appropriations of public funds sufficient to enable them to carry on their work, the
joint interest of the Provincial Governments in them must be expressed in some regular and recognised
machinery of inter-governmental consultation. Moreover, we think that it will be of vital importance to
establish some such machinery at the very outset of the working of the new Constitution, since it is precisely
at that moment that institutions of this kind may be in most danger of falling between two stools through
failing to enlist the active interest either of the Federal or the Provincial Government, both of whom will
have many other more immediate occupations.

Conclusion

The Indian Constitution's goal is to create either collaborative or cooperative federalism. The States are given
certain autonomy through the distribution of powers between the Centre and the States to guarantee that the
administration at the local level stays efficient, but the maximum powers are with the centre unlike in several
countries like U.S. In order to preserve a balance, the Centre exercises its power over the States, the powers
with centre and state are mentioned in the Schedule 7 of the constitution.
We can conclude that there are many problems faced by the parties relating to different issue, but those
issues need to be resolved harmoniously and the aim of smooth functioning of both centre and states can be
achieved.

19
Article 131
20
Committee of the House of lords appointed to join with a committee of the house of commons to consider the future Government
of India ,123,124.

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Bibliography

1. V.N. Shukla’s Constitution of India, (13 Edition) with supplement 2020

2. https://www.thehindu.com/news/national/telangana/telangana-assembly-passes-resolution-opposing-caa-
npr-and-nrc/article31081955.ece
3. Central State Relation - Legislative, Administrative and Financial by SahabuddinMondal
4.centre and state relationship by Paridhi Dave
5. India Kanoon website- https://indiankanoon.org

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