Administrative relations

1. Constitutional framework and distribution of executive power

Administrative relations concern the implementation of laws and the exercise of executive authority, rather than the allocation of law-making subjects alone. India has constitutionally established governments at both Union and State levels, but their administrative systems frequently intersect. State machinery implements many parliamentary laws, while national programmes depend heavily on State departments and local institutions.

Article 73 broadly extends Union executive power to matters on which Parliament can legislate and to rights, authority and jurisdiction arising from treaties or agreements. Article 162 broadly extends State executive power to matters on which the State legislature can legislate. These rules are subject to the Constitution and relevant legal provisions; legislative competence and executive authority are therefore connected but not always identical.

On Concurrent List matters, the Union does not acquire unrestricted executive authority within States merely because Parliament can legislate. Article 73 contains a qualification, while Article 162 makes State executive authority subject to executive power expressly conferred on the Union by the Constitution or parliamentary law. Consequently, a central law may be administered primarily by State authorities.

• Articles 256–263 address compliance with laws, Union control, entrustment, inter-State recognition, water disputes and coordination.
• Article 257A, concerning deployment of Union forces in States, was inserted by the 42nd Amendment and omitted by the 44th Amendment; it is not a current provision.

2. Union directions and constitutional safeguards

Article 256 requires every State to exercise its executive power so as to ensure compliance with parliamentary laws and existing laws applicable in that State. Union executive power extends to giving directions necessary for this purpose. Article 257 requires State executive power not to impede or prejudice Union executive power and authorises corresponding directions.

Article 257 also permits Union directions concerning the construction and maintenance of communications declared to be of national or military importance and measures for protecting railways within a State. Where these requirements cause additional expenditure beyond the State’s normal duties, the Union must meet the extra costs. A dispute over the amount can be determined by an arbitrator appointed by the Chief Justice of India.

Article 365 provides that failure to comply with constitutionally authorised Union directions makes it lawful for the President to hold that the State government cannot be carried on according to the Constitution. This is not an automatic declaration of President’s Rule. Action under Article 356 remains subject to its constitutional conditions, parliamentary approval and judicial review.

In S. R. Bommai v. Union of India (1994), the Supreme Court recognised federalism as part of the Constitution’s basic structure and established important limits on misuse of Article 356. Article 355 imposes a Union duty to protect States against external aggression and internal disturbance and ensure constitutional government; it should not be treated as an unlimited power to displace State administration.

3. Entrustment of functions and common administrative services

Article 258(1) allows the President, with the State government’s consent, to entrust Union executive functions to that government or its officers, conditionally or unconditionally. This enables implementation through existing State machinery without transferring legislative competence. Article 258(2) separately permits Parliament, through law, to confer powers and impose duties on States or their officers, even concerning matters outside State legislative competence; it does not prescribe the same consent requirement.

Article 258(3) provides compensation for additional administrative costs arising from powers and duties conferred under the article. Article 258A, inserted by the Seventh Amendment Act, 1956, operates in the reverse direction: a Governor may, with the Government of India’s consent, entrust State executive functions to the Union government or its officers.

All India Services provide a personnel link between levels of government. Under Article 312, Parliament may create additional All India Services if the Rajya Sabha first declares this necessary or expedient in the national interest through a resolution supported by at least two-thirds of members present and voting. The existing services are the Indian Administrative Service, Indian Police Service and Indian Forest Service.

• All India Services are distinct from Central Civil Services; their officers serve under both Union and State governments within applicable cadre and service rules.
• Article 312 does not require two-thirds of the Rajya Sabha’s total membership.

4. Intergovernmental coordination and dispute management

Article 263 enables the President to establish an Inter-State Council when public interests would be served. Its possible duties include inquiring into and advising on inter-State disputes, discussing matters of common interest and recommending improved coordination of policy and action. Its role is consultative, not binding judicial adjudication. The Inter-State Council established in 1990 provides a political forum for Union–State consultation.

Five Zonal Councils were established under the States Reorganisation Act, 1956. They promote cooperation on matters such as borders, transport, economic planning and security. The North Eastern Council is a separate statutory institution under the North Eastern Council Act, 1971. NITI Aayog’s Governing Council also facilitates policy consultation, but NITI Aayog is neither a constitutional nor a statutory body.

Article 261 provides for full faith and credit throughout India to public acts, records and judicial proceedings of the Union and States. Article 262 authorises parliamentary arrangements for adjudicating inter-State river-water disputes and permits Parliament to exclude the jurisdiction of the Supreme Court and other courts over such disputes. It is an enabling constitutional provision, not itself a tribunal.

5. Contemporary issues and reform priorities

Administrative friction commonly involves centrally sponsored schemes, investigative agencies, cadre management and the use of Union directions. Centrally sponsored schemes can advance national minimum standards, but detailed conditions may reduce State flexibility. Effective cooperation requires consultation during programme design, predictable funding and accountability proportionate to each government’s responsibilities.

The Sarkaria Commission supported stronger consultative mechanisms and recommended establishing a permanent Inter-State Council under Article 263. The Punchhi Commission also examined Union–State relations, including gubernatorial conduct, emergency powers and coordination. Their broader reform approach favours institutional dialogue and constitutional restraint over routine coercion.

For examination answers, distinguish ordinary administrative supervision from emergency arrangements. During a national emergency, Article 353 widens Union authority to direct how State executive power is exercised. Under Article 360, a financial emergency allows specified financial directions. Neither arrangement should be confused with normal directions under Articles 256–257. The central challenge is preserving national coordination while respecting States as constitutional governments, not subordinate administrative offices.

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