S
Sahaj Vidhi
Law Optional 2017 Paper I

Evaluate the constitutional provisions relating to administrative relation between the Union and the State with special emphasis on inter-governmental delegation of administrative power.

Verified Answer

  1. Core Legal Answer & Context: The Indian Constitution establishes a federal system with a strong unitary bias, where the Union and States share legislative, executive, and financial powers. The administrative relations between the Union and the States are crucial for the smooth functioning of this federal structure, ensuring cooperation and coordination. These relations are primarily governed by Articles 256 to 263, which outline the mutual obligations, control mechanisms, and avenues for cooperation. A key aspect of these relations is the inter-governmental delegation of administrative power, which allows for flexibility and efficiency in governance.

  2. Relevant Statutes and Sections:

  • Part XI of the Constitution (Articles 256-263): Deals with relations between the Union and the States.
  • Article 256: Obligation 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.
  • Article 257: Control of the Union over States in certain cases: The executive power of the Union also extends to giving directions to a State regarding the construction and maintenance of means of communication of national or military importance, protection of railways, and ensuring peace and tranquility in the State.
  • Article 258: Power of the Union to confer powers, etc., on States in certain cases:
    • (1) The President may, with the consent of the Government 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 upon the State or officers and authorities thereof.
  • Article 258A: Power of the States to entrust functions to the Union: 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.
  • Article 262: Adjudication of disputes relating to waters of inter-State rivers or river valleys.
  • Article 263: Provisions with respect to an inter-State Council.
  1. Important Landmark Cases:
  • State of West Bengal v. Union of India (1962): This case highlighted the unitary bias of the Indian federal system, where the Union government has significant powers to issue directions to states, and states are obligated to comply.
  • S.R. Bommai v. Union of India (1994): While primarily about Article 356, this case underscored the importance of cooperative federalism and the limits on the Union's power to interfere with state administration, emphasizing that the Union's power to issue directions should not be used to destabilize state governments.
  1. Clear Conclusion: The constitutional provisions governing administrative relations between the Union and States are designed to ensure both cooperation and a degree of central control, reflecting India's 'quasi-federal' nature. Articles 256 and 257 establish the Union's supervisory role, while Articles 258 and 258A provide crucial mechanisms for inter-governmental delegation of administrative functions. This delegation, based on mutual consent or parliamentary law, enhances administrative efficiency and flexibility, allowing the Union to utilize state machinery for implementing its laws and schemes, and vice-versa. This framework, while leaning towards a strong center, also facilitates cooperative federalism, enabling both levels of government to work in tandem for national development and effective governance, provided the powers are exercised judiciously and without undermining the autonomy of the states.