Administrative Relations Between the Union and the States

Introduction

Administrative relations between the Union and the States explain how executive powers are shared and exercised under the Indian Constitution. Articles 256–263 deal with the duties of States, the Union's power to issue directions, the delegation of functions, and cooperation between governments to ensure effective administration.

Meaning and Definition

Administrative relations refer to the constitutional rules that govern how the Union and State governments carry out laws, exercise executive powers, and coordinate their work.

The distribution of executive powers generally follows the distribution of legislative powers. However, the Constitution gives the Union certain powers to guide State administration and ensure that States follow the Constitution and valid laws made by Parliament.

Distribution of Executive Powers

Article 73 deals with the extent of the Union's executive power, while Article 162 deals with the extent of a State's executive power.

Executive Powers of the Union

The Union's executive power generally extends to matters on which Parliament can make laws. It also extends to the exercise of rights, authority, and jurisdiction arising from treaties and international agreements, subject to the Constitution.

The Union government is responsible for administering matters such as defence, foreign affairs, and other subjects mainly assigned to Parliament.

Executive Powers of the States

A State's executive power generally extends to matters on which its Legislature can make laws. It ordinarily covers subjects in the State List, such as public health, agriculture, and police, subject to constitutional limits.

Executive Powers Over Concurrent List Subjects

Both Parliament and State Legislatures can make laws on subjects in the Concurrent List. The executive work relating to these subjects is generally carried out by the States unless the Constitution or a law made by Parliament gives particular functions to the Union.

For example, a law made by Parliament may assign a specific administrative responsibility to a Union authority. In that case, the Union can exercise the responsibility given to it, while other executive functions may remain with the State.

Constitutional Provisions Governing Administrative Relations

Article 256 — Obligation of States and the Union's Directions

Every State must exercise its executive power in a way that ensures compliance with laws made by Parliament and existing laws that apply in the State.

The Union can issue directions to a State when necessary to ensure compliance with these laws. It can also issue directions concerning matters covered by Article 256.

Article 257 — Control of the Union Over States in Certain Cases

A State must exercise its executive power without interfering with or affecting the exercise of the Union's executive power.

The Union can issue directions to a State in certain matters, including those concerning the construction and maintenance of means of communication declared to be of national or military importance. It can also issue directions concerning measures to be taken for the protection of railways within the State.

If a State incurs additional costs while carrying out certain directions issued under Article 257, the Constitution provides for payment or determination of the amount, as applicable.

Article 258 — Delegation of Union Functions to States

The President may, with the consent of the State government, entrust Union functions to that government or its officers, subject to the constitutional conditions.

Parliament may also confer powers and impose duties on State authorities through a law relating to a Union subject, even where the subject would otherwise fall outside the State's legislative powers.

This arrangement allows the Union to use State administrative systems to carry out certain Union responsibilities.

Article 258A — Delegation of State Functions to the Union

A Governor may, with the consent of the Union government, entrust State functions to the Union government or its officers, subject to the Constitution.

This provision allows the Union to perform certain administrative functions on behalf of a State when the required consent is given.

Article 260 — Jurisdiction of the Union in Relation to Territories Outside India

The Union government may, by agreement with the government of a territory outside India, undertake executive, legislative, or judicial functions in that territory, subject to the Constitution and applicable law.

This provision concerns the exercise of functions outside India and is different from the ordinary distribution of administrative powers between the Union and the States.

Article 261 — Recognition of Public Acts, Records, and Judicial Proceedings

Official acts, records, and judicial proceedings of the Union and every State must receive recognition throughout India, in accordance with the Constitution and applicable laws.

This provision supports legal consistency and recognition of official records across State boundaries.

Article 262 — Disputes Relating to Inter-State Rivers

Parliament may provide by law for the resolution of disputes concerning the use, distribution, or control of waters of inter-State rivers and river valleys.

Parliament may also provide that neither the Supreme Court nor any other court will exercise jurisdiction over such disputes, to the extent permitted by the Constitution and the law made under Article 262.

Article 263 — Inter-State Council

The President may establish an Inter-State Council if it appears that public interests would be served by doing so.

The Council may:

• Investigate and discuss disputes between States.
• Examine matters of common interest between the Union and States or among States.
• Make recommendations for better coordination of policy and action.

The Inter-State Council provides a forum for discussion and cooperation rather than acting as a court that issues binding judgments on every dispute.

Other Important Mechanisms of Administrative Relations

All-India Services — Article 312

All-India Services are services common to both the Union and the States. Officers serve in different parts of the country and may work in State administrations while belonging to a service organised on an all-India basis.

The Indian Administrative Service (IAS) and the Indian Police Service (IPS) are examples of All-India Services.

Article 312 allows Parliament to create additional All-India Services when the Rajya Sabha passes a resolution supported by at least two-thirds of its members present and voting, declaring that it is necessary or expedient in the national interest to do so.

These services help maintain common administrative standards and provide experienced officers for both Union and State governments.

Grants-in-Aid — Article 275

Parliament may provide grants-in-aid from the Consolidated Fund of India to States that need financial assistance, as provided by the Constitution.

These grants include specific provisions for the welfare of Scheduled Tribes and the administration of Scheduled Areas, subject to the applicable constitutional conditions.

Grants help States meet certain public responsibilities and reduce differences in their ability to provide services.

Inter-State Council and Administrative Cooperation

The Inter-State Council was established in 1990 under Article 263. It provides a forum for the Union and State governments to discuss matters of common interest and improve coordination.

The Sarkaria Commission, which examined Union-State relations, recommended a stronger institutional framework for consultation between the Union and the States.

Other Coordination Bodies

The Union and State governments also use councils, conferences, and advisory bodies to discuss common administrative and policy matters.

Some bodies mentioned in older discussions of Union-State relations have changed or ceased to function. For example, the Planning Commission was replaced by NITI Aayog in 2015, and the National Development Council is not the same as a currently active constitutional body.

These bodies should be distinguished from institutions expressly established by the Constitution.

Administrative Relations During Emergencies

The Constitution gives the Union additional powers during certain emergencies. These powers operate under specific constitutional conditions.

National Emergency — Article 353

While a Proclamation of National Emergency is in operation, the executive power of the Union extends to giving directions to a State concerning the manner in which its executive power is to be exercised.

This allows greater Union coordination during a national emergency without automatically suspending the State government.

President's Rule — Article 356

If the President issues a Proclamation under Article 356 because the government of a State cannot be carried on according to the Constitution, the President may assume certain functions of the State government and declare that the powers of the State Legislature will be exercised by or under the authority of Parliament, subject to constitutional limits.

President's Rule does not remove all constitutional limits on Union action. The exercise of this power is subject to judicial review (examination by courts).

Financial Emergency — Article 360

During a Financial Emergency, the Union may issue directions to States to observe specified rules of financial discipline.

The Constitution also permits directions concerning reductions in salaries and allowances of certain persons serving in connection with the affairs of the Union or a State, including judges of the Supreme Court and High Courts. It further permits directions requiring certain State Money Bills or other Financial Bills to be reserved for the President's consideration after passage by the State Legislature.

Important Case Law

S. R. Bommai v. Union of India (1994)

The Supreme Court of India examined the use of Article 356 and the constitutional limits on the Union's power to impose President's Rule in a State.

The Court held that the use of Article 356 is subject to judicial review and that federalism (the sharing of power between the Union and the States) is part of the Constitution's basic structure (its essential features that cannot be destroyed by constitutional amendment).

Importance: The case confirms that the Union cannot use its administrative and constitutional powers over States without respecting constitutional limits.

State of Rajasthan v. Union of India (1977)

The Supreme Court of India considered issues relating to the Union's power under Article 356 and the relationship between the Union and State governments.

The judgment discussed the limits of judicial intervention in the use of constitutional powers, although the later decision in S. R. Bommai v. Union of India gave stronger protection to federalism and judicial review in cases involving President's Rule.

Importance: The case is relevant to understanding the constitutional relationship between the Union and States, especially when the Union seeks to intervene in State administration.

Distinction Between Legislative and Administrative Relations

Practical Example

Suppose Parliament passes a valid law on a subject within its legislative authority, but a State government does not take the steps required to implement it.

Under Article 256, the Union can issue directions to the State to ensure compliance with the law. The State must exercise its executive power in accordance with the Constitution and applicable laws.

If the matter also affects other States, the Union and the States may use an appropriate coordination forum, such as the Inter-State Council, to discuss common concerns and improve cooperation.

Summary

• Administrative relations explain how the Union and State governments exercise executive powers and coordinate their work.
• Article 73 deals with the Union's executive power, while Article 162 deals with the executive power of States.
• Articles 256 and 257 allow the Union to issue directions to States in specified circumstances.
• Articles 258 and 258A allow certain Union and State functions to be entrusted to the other level of government, subject to constitutional conditions.
• Article 263 provides for the Inter-State Council to discuss disputes and matters of common interest.
• Article 312 provides for the creation of All-India Services through the constitutional process.
• Article 275 provides for grants-in-aid to States under specified conditions.
• Articles 353, 356, and 360 provide for additional Union powers during National Emergency, President's Rule, and Financial Emergency, respectively.
• The Supreme Court has confirmed that Union powers must be exercised within constitutional limits.