“ADMINISTRATIVE RELATIONS BETWEEN UNION AND STATE”

ROUGH DRAFT SUBMITTED IN THE PARTIAL FULFILLMENT OF THE COURSE

TITLED-

CONSTITUTIONAL LAW - II

SUBMITTED TO- SUBMITTED BY-

Dr. Anirudh Prasad NAME: RISHABH SINHA

Faculty of Constitutional Law-II COURSE: B.B.A, L.L.B(Hons.)

ROLL NO- 2034

SEMESTER- 6th

CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITHAPUR, PATNA-800001

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INTRODUCTION
The Constitution of India is the supreme law of India. It lays down the framework defining
fundamental political principles, establishes the structure, procedures, powers, and duties of
government institutions, and sets out fundamental rights, directive principles, and the duties of
citizens. It is the longest written constitution of any sovereign country in the world, containing
448 articles in 25 parts, 12 schedules, 5 appendices and 98 amendments1 (out of 120 Constitution
Amendment Bills). Besides the English version, there is an official Hindi translation. Dr.
Bhimrao Ramji Ambedkar is widely regarded as the father of the Indian Constitution.

The Constitution follows parliamentary system of government and the executive is directly
accountable to the legislature. Article 74 provides that there shall be a Prime Minister of India as
the head of government. It also states that there shall be a President of India and a Vice-
President of India under Articles 52 and 63. Unlike the Prime Minister, the President largely
performs ceremonial roles.

Indian Constitution is neither purely 'federal' nor purely 'unitary'. The federal form is clearly
manifest in the constitutional distribution of powers between the union and the states not only in
the legislative field but also in executive and administrative fields. In normal times, the
constitutional scheme has to ensure autonomy of the states in regard to the spheres of activities
earmarked for the states in the Constitution.

The administrative relations between the Centre and the States have been stated from Article 256
to Article 263 of the Constitution. As a rule, the Central Government exercises administrative
authority over all the matters on which the Parliament has the power to make laws, whereas the
State Governments exercise authority over the matters included in the State List2 .

1
RAM JAWAYA V. STATE OF PUNJAB, AIR 1955 SC 549

2
INDIAN CONSTITUTIONAL LAW BY PROF M.P. JAIN PG 653

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AIMS AND OBJECTIVES:
 Gain greater knowledge of Inter-state Councils.
 To give a detailed exposition on the relations between the Union & State.

TENTATIVE CHAPTERIZATION

1) Introduction

2) Administrative relations

3) Division of Administrative powers

4) Centre- States Coordination

5) Inter State Councils

6) Conclusion

RESEARCH METHODOLOGY

The researcher intends to adopt a doctrinal method of research for the purposes of this research
work. The doctrinal research methodology provides an ample scope to examine the existing
literature from both primary and non-primary sources.

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SOURCES OF DATA:
In order to complete the research study, the researcher will collect the material through various
primary and secondary sources of data.

PRIMARY SOURCES - such as the occasional policy papers of the State, statutes, commentaries,
case-law, juristic opinions, policy formulations of various governmental bodies, the reports
published by governmental, non-governmental and international organizations.

SECONDARY SOURCES- reviewing the text books, existing literature on the area, the views
and perspectives of stake holders, policy makers and all other relevant sections of the society
which includes the efforts of charitable organizations, non-governmental organizations and
philanthropists.

HYPOTHESIS:
The researcher has presumed:

 Inter-state councils are a permanent constitutional body.

LIMITATIONS OF THE STUDY:

The most important limitation for this project is the accumulation of relevant data. Also the
undertaking of non-doctrinal research or the qualitative research is not possible due limitation of
time and place.

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BIBLIOGRAPHY
Books referred–

 Constitution of India by VN Shukla.

 Critical commentary on Constitutional law of India by H.M. Seervai
 Commentary on Constitutional Law of India by D.D.Basu

Acts, Statutes–

 The Constitution of India,1950.

Websites visited–

 Manupatra
 SSConline