Centre-State Relations: Administrative Relations

Constitutional Provision

• Articles 256 to 263 in Part XI of the Constitution deal with the administrative relations between the Centre and the states. 
  1. Distribution of Executive Powers
     • The executive power has been divided between the Centre and the states on the lines of the distribution of legislative powers.
     • Executive power extends to whole of India
       • Union List – To the matters on which the Parliament has exclusive power of legislation to the exercise of rights, authority and jurisdiction conferred on it by any treaty or agreement.
       • State List – The executive power of a state extends to its territory in respect of matters on which the state legislature has exclusive power of legislation.
       • Concurrent List – In respect of matters on which both the Parliament and the state legislatures have power of legislation , the executive power rests with the states except when a Constitutional provision or a parliamentary law specifically confers it on the Centre. 
  2. Obligation of States and the Centre
     • Constitution imposes two limitations on state  executive authority to aid centre to use its executive power unrestrictedly 
       • As to ensure compliance with the laws made by the Parliament and any existing law which apply in the state
       • As not to impede or prejudice the exercise of executive power of the Centre in the state.
     • The former lays down a general obligation upon the state, the latter imposes a specific obligation on the state not to hamper the executive power of the Centre.
  3. Centre’s Directions to the States
     • To creation and the  maintenance of means of communication (declared to be of national or military importance) by the state.
     • The measures to be taken for the protection of the railways within the state.
     • The provision of adequate facilities for instruction in the mother tongue at the primary stage of education to children belonging to linguistic minority groups in the state.
     • The drawing up and execution of the specified schemes for the welfare of the Scheduled Tribes in the state.
  4. Mutual Delegation of Functions
     • The Constitution allows for inter – governmental delegation of executive function to reduce rigidity and avoid deadlock.
       • President – Entrust any executive function of the centre to the state with the consent of the state government.
       • Governor of any state – Entrust executive function of the state to the centre  with the consent of the Union government.
  5. Cooperation Between the Centre and States
     • The Parliament can provide for the adjudication of any dispute or complaint with respect to the use, distribution and control of waters of any inter-state river and river valley. 
     • Article 263 – The President can establish an Inter-State Council to investigate and discuss subjects of common interest between the Centre and the states , it was formed in 1990.
     • Full faith and credit is to be given throughout the territory of India to public acts, records and judicial proceedings of the Centre and every state. 
     • The Parliament can appoint an appropriate authority to carry out the purposes of the constitutional provisions relating to the interstate freedom of trade, commerce and intercourse.
  6. All India Service
     • Centre and states share control of these services where centre hold ultimate control and state government retain direct control.
     • All India Service violates the constitution concept of federalism by restricting state sovereignty and patronage.
     • Grounds of justification
       • Contribute to upkeep of strong administrative standards at the central and state levels
       • Contribute to administrative systems’s homogeneity across country.
       • Easier for centre and states to communicate, cooperate , coordinate and take joint actions on problem of mutual concern.