Union–State Relations (Administrative Relations) (Part XI, Chapter II) (Articles 256–263)
Table of Contents
- Introduction
- Constitutional Framework
- Articles Governing Administrative Relations
- Union’s Control Over States
- State’s Obligations to the Union
- Distribution of Executive Power
- Union Directions to States
- Delegation of Union Functions to States
- All India Services and Administrative Control
- Role of Governors in Administrative Relations
- Inter-State Relations
- Inter-State Councils
- Public Acts, Records & Judicial Proceedings
- Challenges in Administrative Relations
- Summary
1. Introduction
Administrative relations between the Union and states describe how executive powers are divided and how the two levels of government coordinate, cooperate, and control each other within the federal structure of India.
India’s federal structure is quasi-federal, meaning:
- Strong Centre
- States have autonomy but under Central oversight
2. Constitutional Framework
Administrative relations are mainly provided under:
- Part XI, Chapter II
- Articles 256 to 263
These articles outline obligations of states, control of the Union, inter-state coordination, and mechanisms for dispute resolution.
3. Articles Governing Administrative Relations
| Article | Subject |
|---|---|
| Art. 256 | Obligation of states & Union’s power to issue directions |
| Art. 257 | Control of Union over state executive |
| Art. 258 | Delegation of Union functions to states |
| Art. 258A | Delegation of state functions to Union |
| Art. 261 | Public acts, records, and judicial proceedings |
| Art. 262 | Inter-state water disputes |
| Art. 263 | Inter-State Council |
4. Union’s Control Over States
The Union exercises control over states in several ways:
(a) Under Article 256
- States must ensure that their executive actions comply with Parliamentary laws.
- Union can issue directions to secure such compliance.
(b) Under Article 257
- States must not impede Union’s executive power.
- Union can issue directions to states in:
- Construction and maintenance of means of communication
- Protection of railways
- National importance issues
- Military purposes
(c) To ensure compliance, the Centre may:
- Send instructions to states
- Order a state to follow laws and standards
- Use Article 356 (President’s Rule) as the last resort, if states do not comply
5. State’s Obligations to the Union
States are required to:
- Follow parliamentary laws
- Assist the Union in maintaining:
- Railways
- National highways
- Election machinery
- Communication systems
- Cooperate in national policymaking
- Share information with the Union when required
6. Distribution of Executive Power
Union Executive Power
- Extends to subjects in Union List
- Also extends to subjects in Concurrent List (with certain limits)
- May give directions to states
- Also extends to matters where Parliament has legislative competence
State Executive Power
- Extends to State List subjects
- Also to Concurrent List, but subject to Union law
- Cannot interfere in Union’s sphere
7. Union Directions to States
Types of directions:
- To ensure implementation of central laws (Art. 256)
- To prevent obstruction of Union’s executive power (Art. 257)
- For protection of railways and national communication
- To maintain financial propriety
- In case of national emergencies
Non-compliance may lead to:
- Report by Governor to President
- President’s Rule (Art. 356)
8. Delegation of Union Functions to States
Article 258
- President may entrust Union’s executive functions to a state government.
For example:
- Implementation of Central schemes such as:
- MGNREGA
- PMAY
- National Health Mission
Article 258A
- State may entrust its functions to the Union, with consent.
This promotes cooperative federalism.
9. All India Services & Administrative Control
A major administrative link between Union and states:
All India Services (AIS)
- Indian Administrative Service (IAS)
- Indian Police Service (IPS)
- Indian Forest Service (IFS)
Created under Art. 312.
Features:
- Recruitment by Union
- Allotment and service in states
- Discipline jointly controlled by Union and states
These ensure uniformity and central supervision.
10. Role of Governors in Administrative Relations
Governors act as:
- Agents of the Centre
- Heads of state executives
Functions:
- Send reports to the President under Article 356
- Ensure state compliance with central directions
- Reserve bills for President under Article 200
- Act as a channel of communication between Union and state
11. Inter-State Relations
Key areas:
- Inter-state water disputes
- Inter-state trade & commerce
- Boundary issues
- Coordination among states
Mechanisms:
- Inter-State Council
- Zonal Councils
- Supreme Court jurisdiction
12. Inter-State Councils (Article 263)
Established in 1990 on the recommendation of the Sarkaria Commission.
Purpose:
- Coordination between states
- Policy discussion
- Resolution of disputes
- Strengthening Centre-State relations
Members:
- Prime Minister (Chairman)
- Chief Ministers of all states
- Chief Ministers of UTs with legislatures
- Administrators/Lieutenant Governors of UTs
- Central Ministers
13. Public Acts, Records & Judicial Proceedings (Art. 261)
- Full faith and credit to public acts, records, judicial orders
- Ensures uniform legal recognition across India
- Final judgments enforceable throughout the territory
14. Challenges in Administrative Relations
- Centre’s excessive control through:
- Governors
- Central agencies
- Deployment of central forces
- Misuse of Article 356
- Financial dependence of states
- Political conflicts between Centre and state
- Overlap in functions under Concurrent List
15. Summary
- Administrative relations are governed by Articles 256–263.
- India follows cooperative yet centralized federalism.
- Union has strong control through directions, AIS, and Governors.
- States have autonomy in State List subjects but must comply with Union laws.
- Inter-State Council (Art. 263) strengthens cooperation.
- Administrative relations ensure national unity while allowing state flexibility.