ADMINISTRATIVE RELATIONS

INTRODUCTION
Chapter II of Part XI of the Constitution contains the provisions related to
Administrative Relations between Union and States. The executive power of the
union extends only to those matters which are mentioned in the union list and over
which the Parliament has legislative powers. The States are, moreover, expected to
comply with laws made by Parliament and are not to impede the exercise of the
executive power of the union.
The union can exercise administrative control over the state through
following methods:-
1. Direction to States [Article 256 & Article 257]
Article 256 of the Constitution specifies the respective obligations of the Union and
State Governments. It provides that, the executive power of the State has to be
exercised to ensure compliance with the laws made by the Parliament, and the
Union Government is empowered to give necessary direction to the States;
 Article 257(1) further provides that, the Union Government can give
directions to the State Government within the sphere covered by the State
List.
 Article 257(2) provides that Union Government can issue directions to the
States regarding the construction and maintenance of means communications
of national or military importance.
 Article 257(3) provides that Union Government can also give directions to the
State Governments for the protection of railways. The union reimburse's the
expenses incurred by the States in this regard.
 In case, the State Government fails to comply with the directions of the Union
Government, the President has been empowered by Article 365 of the
Constitution 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 and President's Rule may be imposed on that State.

2. Delegation of Union Functions to the States [Article 258]

Article 258 provides that the President may with the consent of the State
Government entrust to that Government or its officers functions in relation to
any matter to which the executive power of the union extends. Extra costs
incurred by the State is this regard, would be met by the Union Government.
3. Appointment of Governor [Article 155]
The Governor is appointed by the President not with the consent of the State
Legislature but on the advice of the Prime Minister. Although, Governor is titular
head of the State, but he acts as the agent of the Union Government.

4. Public Acts, Records and Judicial Proceedings [Article 261]

Article 261(1) of the Constitution provides that Full faith and credit must be given
throughout the territory of India to public acts, records and judicial proceedings
of the Union and of every State. Article 261(2) further empowers the Parliament
to make laws in this regard.
According to H.M. Seeravi' the object of the "full faith and credit clause" is, unlike
United States and Australisa, to prevent the States of Federation from treating
each other as foreign states by virtue of their independence in their own
respective spheres.

5. Inter-State Water Disputes [Article 262]

Article 262(1) empowers Parliament to make laws for the adjudication of the
disputes relating to inter-state rivers or river valleys. Further Article 262(2)
empower Parliament, to exclude such disputes from the jurisdiction of the
Courts, including the Supreme Court, by enacting law in this regard.

6. Inter-State Council [Article 263]

Article 263 provides that the President can establish an Inter-State Council to
investigate and discuss subjects of common interest between the Centre and the
States and make recommendations for better co-ordination of policy and action.

7. All India Service [Article 312]

Article 312 provides that the Parliament can create an All India Service following
the resolution by the Council of States, passed by two-third majority of the
members present and voting. This provision makes the authority of the Central
Government dominant over the States.

8. Inter-State Commerce Commission [Article 307]

Article 307 provides that, the Parliament can set up Inter-State Commerce
Commission or any other such authority which it considers appropriate for
enforcing the provisions of the Constitution with regard to inter-state trade and
commerce.
9. Emergency Provisions [Articles 352, 356 & 360]
 Under Articles 352, 356 & 360, the legislative, administrative and financial
powers of the Union Government gets increased to the disadvantages of the
States.
 During Emergency, President gives directions to the State Governments
regarding the manner in which States have to exercise their executive power.
 Further, Parliament gets power to make laws for the whole of the country or a
part thereof even in matters mentioned in the State List. Thus, the federal
structure virtually get transformed into a unitary one.
 Dr. Ambedkar referred to these provisions as "safety valves" and expressed the
hope that there would be no occasion use them. Unfortunately, it has often been
misused by political parties to topple State Governments which are not
promoting the interest of the ruling party at the Centre.
CONCLUSION
These provisions of the constitution are necessary as they offer clarification and
eradicate the confusion between the powers of the center and state. Unless this
administration is present, there would be a risk of two similarly dominant pieces of
government giving rise to a dispute, agitation, confrontation, and confusion as a
result of competing legislation. Keeping in mind the same, these provisions
guarantee that there is an overarching regulatory framework and that there is
continuity in the basic laws.