INTRODUCTION:

The research paper will focus on the administrative relation between union and state and will
further tend to study the role of constitution in making that the delegated powers given to the
executive organ of the government is looked in a clear aspect to get the idea of why the need
of the to ensure the checks and the balances between the hierarchy of powers that are been
distributed among the administrative functions that are to be executed and the obligation to
protect the interests of both union and states towards one and another as the scope of deciding
matters in certain case matters will have a conceptual way that the each function relating to
the administrative matters in this matter is guided by the Indian constitution. The project will
have the detailed review of scope of the administrative functions of union and state and the
obligation towards the welfare of the country and the scope the discretion in carrying the
functions tends to divided by the union and states. The Indian Constitution of 1950 serves as
the country's fundamental law that enables the functioning of the nation. It specifically
establishes the basis for defining democratic values, procedures, powers, and responsibilities
of different governmental entities, as well as citizens' fundamental rights and responsibilities.
The Constitution establishes a parliamentary democracy. It also adheres to the doctrine of
separation of powers. There is no such thing as a strictly territorial or purely unitary
Constitution. It's sometimes referred to as "quasi-federal" by academics. Over time, India has
transitioned from competitive federalism to cooperative federalism.” 1 The Indian
Constitution's framers included specific clauses in the Constitution on administrative ties
between the Unionand the States in order to avoid tension between the two. Union directives
to state governments include: the scope of Article 256 states that each state's executive power
shall be exercised in such a way as to ensure conformity with Parliament's laws and any
existing laws that apply in that state, and that the Union's executive power shall extend to the
providing of such instructions to a state as the Government of India deems appropriate for
that reason. The Union's control reaches to the point of leading a state in a particular
direction. The scope of the powers regarding the legislative part under administration also
have a intervene part with the executive and according to Art.256 the scope states that the
executive power of each state shall be exercised in such a way as to ensure compliance with
the laws passed by Parliament and any existing laws that apply in that state, and that the
executive power of the Union shall extend to the giving of such directions to a state as may
1
Arora, Himanshu, “ Administrative Powers between Center and States in India”, Available at SSRN:
https://ssrn.com/abstract=3514495 , October 6, 2009.
appear to the Government of India to be necessary. Executive Powers of States not to
Interfere with Executive Powers of union. The Constitution states that the executive power of
each state shall be exercised in such a way that it does not impede or prejudice the exercise of
the executive power of the Union, and that the executive power of the Union shall extend to
giving such directions to a state as the Government of India deems appropriate. In short, the
Union Government has the authority to give directives to state governments on any of the
subjects included in the state list.”2 Specific subjects have been assigned to the exclusive
fields of the center and the states, respectively, and some subjects have been assigned to the
'concurrent list,' with the stipulation that the states should have the freedom to pursue their
own policies in the 'state' and 'concurrent' lists, except to the extent that Parliament decides to
legislate under the powers granted to it under the Constitution. A heavily centralized imperial
rule had gradually devolved into a semi-feudal structure. The needs of planned growth,
national integration, and maintaining law and order in post-independence India culminated in
a significant degree of centralization.3

The more technical aspect of the mere administrative relation between the center and state
will have the more conceptual inclusion between the Art.256 to 263 mainly and the extended
scope will be laid in Art.284 to Art.290 in the constitution that will deal with the required
area of study and main need of the project is to check with the concept of how far is the
system for the distribution of powers between the union and state when there is a dispute
matter and during emergence and how effective is the separation of powers are uniform and
how good is the relation between them in case of dispute and how far does the constitution is
viable in the matter of the administrative relation.

CHAPTER 1: THE ADMINISTRATIVE FUNCTIONS OF UNION AND STATE

2
“ H Sharma, “Administrative Relations between the Unionand States in India”, www.preservearticles.com.”
3
“Government of India, Report of the Commission on Centre-State Relation, Part I P. 106-107.”
The main part of the administrative functions that are to be provided by the constitution will
have the main concept but the According to Article 256 of the Constitution, the executive
authority of the states must be exercised in such a way that the rules of Parliament are
followed. The executive power of the union also extends to the giving of such instructions to
the states as the Government of India deems appropriate for the purpose. Article 246 of the
Constitution also states that if a state government fails to endorse laws passed by Parliament
within its jurisdiction, the union government has the authority to give directions to the states
to ensure compliance. This article notes that it is the states' responsibility to use their
executive power to ensure that every act of Parliament and every current law that applies in
the state is given due effect within the state. This is a reminder of every state's constitutional
obligation. The Indian government has the authority to issue directives to state governments
about the duty placed on them by this article. The constitution contains provisions for
meeting all types of eventualities arising from the working of the federal system, as well as
for preserving and sustaining peace and order in the nation, in order to ensure smooth and
proper functioning of the administrative machinery at both levels.4 The constitution
establishes a system for allocating administrative duties between the center and the states that
is flexible, permissive, and not rigid. The scheme for allocating administrative duties was
devised with the following goals in mind: I the administration of law; and achieving
cooperation between the center and the states. The inter se resolution of conflicts between the
center and the states; and for the purposes of Article 355 administrative powers division the
Constitution contains adequate provisions for the separation of executive powers between the
union and the states, just as it does for the division of legislative powers between the union
and the states. The executive powers of both governments have been declared co-extensive
with their legislative powers, with a few exceptions. The executive power of the union shall
apply – (a) To the matters with respect to which parliament has the power to make laws; and
(b) To the exercise of certain privileges, jurisdiction, and power, subject to the provisions of
the Constitution.”5 The other hand will have the Directions to union Government has the
authority to issue directives to state governments and to ensure that they are followed. the
state government fails to comply with any instructions given by the union government in the
exercise of its executive powers, President's rule may be enforced. Union duties delegation
under the Constitution has made it possible for the federal and state governments to swap
administrative roles. For example, the President may entrust any executive role of the union

4
Administrative Relations Between Center And State, https://www.academia.edu/signup?a_id=36060082
5
Prof M.P. Jain, Indian Constitutional Law, Published By Lexis Nexis, 6th Edition, pg 653.
to the states with the consent of the State government (Art. 258), and Parliament may
delegate powers to state governments and their officers in so far as the statute is applicable in
respective states when legislating on a Union Subject. Conversely, with the consent of the
Government of India, a State government may delegate administrative functions relating to
State Subjects to the latter. “And the matter of the case of State of Karnataka vs. Union of
India6, it was held that the Union can issue directions to a State under Article 256 as a legal
entity, not as a geographical or territorial unit. Further, in State of Rajasthan vs. Union of
India 7, the Apex Court held that the issuance of directions to the State government by the
Unionunder Article 256 is justified if the Union Government is of the opinion that the manner
in which the executive power of the State is exercised may be in contravention to the
enforcement of Central Laws."8

CHAPTER 2: THE UNION AND STATE RELATION

The Constitution of India, as a republic, creates a dual polity with the nation at the core and
the states at the periphery. The federal system's main characteristics are the dual government
system and the separation of powers. Since there are two governments operating at the same
time, each with different powers conferred by the Constitution, there is always the risk of
circumstances resulting in conflicts or disagreements due to ineffective communication or a
lack of coordination. As a result, the Indian Constitution has introduced the following
strategies for coordination between the Union and the States: I inter-governmental transfer of
administrative powers; (ii) directives from the Union to the states; (iii) All-India Services;
and (iv) Inter-State Council.9

The scope of the work will be based on the Transfer of administrative powers between
governments Powers may be delegated either by consensus or by legislation. Although the
Unioncan use either form, a State can only delegate its administrative powers to the
Unionthrough an agreement with it. Article 258 of the Indian Constitution makes this
delegation procedure possible. Through mutual consent: - Article 258 (1) states that the
president can entrust, with the consent of the governor of the state, functions in relation to
any matter to which the Union's executive power applies, either conditionally or
unconditionally, to that government or its officers. The union can enforce conditions when

6
1978 AIR 68
7
1977 AIR 1361
8
Diganth Raj Sehgal, Centre-State Relations: Administrative, https://blog.ipleaders.in/centre-state-relations-
administrative/
9
D.D. Basu, Introduction To Constitution Of India, Published by Lexis Nexis, 21st Edition, 2011.
delegating its functions, and the Union will determine what those conditions will be.
Typically, when entrusting its duties, the union retains the right to issue directives to
delegated states for the exercise of those powers. The delegation of functions must be
approved by the state government in question. A presidential notification entrusting functions
to a state government under Article 258 (1) has been held to be a legislative act. Furthermore,
the delegation under article 258 clause (1) may be unique, i.e. to one or more designated
states, or general, i.e. to all states. In the Jayantilal Case 10, the Supreme Court distinguished
between the President's duties on behalf of the union and those bestowed on him under the
Constitution's speech clause. Only the former functions, not the latter, may be assigned under
Article 258 (1). It's also worth noting that under clause (1) of Article 258, only an
administrative role, not a quasi-judicial function, can be delegated. However, it was explained
in Shamsher Singh v. State of Punjab 11 that the Supreme Court's distinction between the
executive functions of the Union and the executive functions of the President in the Jayantilal
Amritlal case does not imply that the President is not the constitutional head of government.
Furthermore, the President's duties must be carried out with the assistance and advice of the
Council of Ministers. Article 258 (2) – (II) By law A law passed by parliament that applies in
any state may confer powers and impose duties, or authorize the conferring of powers and
duties, on the State or its officers and authorities, notwithstanding the fact that it relates to a
matter on which the state legislature has no authority to make laws. Article 258 (2) empowers
the Parliament to pass laws allowing the Central government to delegate its powers and duties
to the states or their officers and authorities. Such a law may apply to matters on which the
State Legislature has no authority to legislate. List I and List III of the Constitution's Seventh
Schedule enumerate certain matters. For example, the Central Sales Tax Act 1956, which
applies to Entry92A, List I, delegated to state authorities the authority to determine and
collect sales tax on interstate sales. Since a State Government delegated functions to the
Government of India, the latter did not become a "agent" of the former Government. Article
258 (3) – Where this article confers or imposes powers and duties on a State or its officers or
authorities, the government of India shall pay the State such sum as may be agreed upon, or,
in the absence of agreement, as may be determined by an arbitrator appointed by the Chief
Justice of India, in respect of any extra administrative costs incurred. Article 258 A –
Notwithstanding anything in the Constitution, the governor of a state can, with the consent of
the Government of India, entrust functions in relation to any matter to which the state's

10
AIR 1964 SC 648.
11
AIR 1974 SC 219210
executive power extends, either conditionally or unconditionally, to that government or its
officers. The Constitution (Seventh Amendment) Act of 1956 added Article 258 A. The aim
of including this provision was to eliminate any practical difficulties in the implementation of
certain construction projects in a state. Since a State Government delegated functions to the
Government of India, the latter did not become an "agent" of the former Government.

(ii) Directions from the Union to the States (Article 256 & 257) The union's executive power
also applies to giving the state direction for their enforcement under Article 256. The Union's
power extends to the point that it can guide a state in whatever way it sees fit for the purpose.
For example, the union may issue directives to the state regarding the construction and
maintenance of communication systems designated as being of national or military
significance, as well as the security of railways within the state. This is necessary to ensure
that parliamentary laws are followed in the world. If the directives are not followed, the union
may invoke Article 356, which allows it to impose President's rule in the state and take
control of its administration. Furthermore, the Constitution imposes such responsibilities on
State governments in order to ensure that a State government's exercise of powers does not
conflict with the Central Government's legislative and administrative activities, allowing the
Union to exercise its powers over territories governed directly by the States. As a result, the
Constitution gives the federal government administrative authority over the states. This
information is available under the following headings: Article 256 - The executive authority
of the states shall be exercised in such a way as to ensure that the laws of Parliament are
followed. The executive power of the union also extends to the giving of such instructions to
the states as the Government of India deems appropriate for the purpose. The idea is that state
laws should be properly implemented by the federal government. It is the responsibility of the
state government to carry out the central government's directives. Article 257 (1) – Every
state's executive power shall be exercised in such a way as not to obstruct or prejudice the
Union's executive power, and the Union's executive power shall extend to providing such
directions to states as the Government of India deems appropriate for that reason. Article 257
(2) and (3) - The Union has the authority to issue orders to the State in two ways: (a) in the
development or maintenance of national or military communications systems. (b) To ensure
the safety of railways in the state. The topic of "communications" is a state subject. However,
clause (2) of this article gives the Union the authority to order a state to construct and
maintain communications systems that are declared to be of national or military significance.
The term "railways" is a Union term. However, police, like railway police, are a state
responsibility. The Union executive may offer guidance to a State regarding the measures to
be taken to protect railways within the state under clause (3). Article 257 (4) – If any
additional costs are incurred by a state in carrying out any directions given to it under clauses
(2) and (3) as stated above, the Central Government shall pay such amount as may be
decided. In the event that an agreement is not reached, the matter will be referred to an
arbitrator appointed by the Chief Justice of India. When a state fails to follow the Union's
instructions in the exercise of its executive powers, the president can use the provisions of
Article 356 to take action against the state. All-India Services (iii) Services Around India: In
addition to central and state services, Article 312 of the Constitution allows for the
establishment of "All-India services" that benefit both the union and the states. The state has
the power to suspend All India Services officials. Only the President of India has the
authority to nominate them and to take disciplinary action against them. Our Constitution
incorporated the concept of providing an integrated, well-knit All India Services to handle
essential and critical sectors of administration in the country, which was a legacy of the past.
The central government is in charge of their recruitment, training, promotion, and
disciplinary issues. When a member of the Indian Administrative Service (IAS) joins the
service, he or she is assigned to a state and works for the state government. This arrangement
entails a member of the All- India Service being in charge of administration at both the
national and state levels. The aim is for the representatives of these services to ensure better
inter-state coordination and implementation of the Union Government's policies. It also
makes it easier for the states to carry out Union rules.

INTER-STATE COUNCIL of India is a confederation of states in which the central

government plays a prominent role while relying on the states to carry out its policies. The
Constitution has mechanisms in place to promote intergovernmental cooperation and
successful consultations between the unionand the states, ensuring that all major national
policies are reached through dialogue, debate, and consensus. The establishment of the Inter-
State Council, as well as Zonal Councils, is one such device.

CHAPTER 3: THE ADMINISTRATIVE RELATION DURING DISPUTES AND

EMERGENCY PERIOD
The main part of the administrative functions are tend to have a problem when there is a
dispute between the union and state and during proclamation of emergency so the main part
of dispute can be related to water disputes among the states and the The adjudication of
disputes relating to the above-mentioned issues is dealt with in Article 262 of the Indian
Constitution. According to Article 262(1), the Parliament can enact laws to provide for the
resolution of any dispute or complaint involving the use, distribution, or regulation of waters
of or in any interstate river or interstate river valley. Article 262(2) begins with a non-
obstante clause, which states that the Parliament can by law provide that neither the Apex
Court nor any other court shall have jurisdiction over any such dispute or complaint as stated
in clause (1). Under Entry 17, State List, Schedule VII, the States have the authority to
legislate on the issue of water. Under Entry 56, Union List, Schedule VII, the Union has the
power to legislate on the subject. The Inter-State Water Disputes Act, 1956, was passed by
Parliament using the powers granted by Article 262. If water disputes cannot be resolved by
arbitration, the Central Government creates a Water Disputes Tribunal to handle the matter.
Ravi and Beas Water Tribunal, Krishna Water Disputes Tribunal – II, Vasundhara Water
Disputes Tribunal, Mahadayi Water Disputes Tribunal, and Mahanadi Water Disputes
Tribunal are the five functioning tribunals at the moment. The topic of interstate waters is
governed by a number of legal doctrines. Riparian Rights Doctrine, Prior Appropriation,
Territorial Sovereignty, Community of Interest, and Equitable Apportionment are among
them. The Supreme Court eventually resolved the age-old Cauvery Water Dispute in the case
of State of Kerala through the Chief Secretary to Government vs. State of Tamil Nadu
through the Chief Secretary to Government”12 The Supreme Court held in T.N Cauvery
Sangam v. Union of India13 that if the central government refused to refer the dispute, the
Court could issue mandamus to the central government to carry out its constitutional duty on
an application under Article 32 by an aggrieved party. The River Board Act of 1956 and the
Inter-State Disputes Act of 1956 were passed by Parliament in the exercise of the power
granted by Article 262. The former regulates and develops Inter-State rivers and river valleys,
while the latter empowers the Union government to create a Tribunal to resolve conflicts over
the waters of Inter-State rivers or river valleys. Acts of Parliament, Records, and Judicial
Proceedings (Article 261) There are two levels of government in the federal government. To

12
Diganth Raj Sehgal, Centre-State Relations: Administrative, https://blog.ipleaders.in/centre-state-relations-
administrative/

13
AIR 1990 SC 1316
prevent inter-governmental conflict, it is important to allow for the approval of both
governments' public actions. When a state refuses to recognise the actions and records of
another state, it may cause confusion and inconvenience in the union. The 'full faith and
credit clause' in India's Constitution prevents this from happening. Article 261(i) of the
Constitution states that all public acts, documents, and judicial proceedings of the union and
all states shall be given full credit and confidence in India. The term 'public acts' refers to all
legislative and executive acts of the federal government and the states, not just laws. This
provision serves a critical role in the Indian Federation by removing any potential
impediment to the usual conduct of administrative activities. The matter of emergency Under
President's Rule, state governments cannot violate the Union Government's directives;
otherwise, the President can take action against the state government, claiming that the
administration cannot be carried out in compliance with the Constitution, and thereby
imposing President's rule on the state. In such a case, the President will assume all or part of
the state government's responsibilities. Under a Proclamation of National Emergency, the
Union's right to give instructions applies to giving directions as to how the State's executive
power is to be exercised relating to any issue. During a Proclamation of Financial
Emergency, the Union will order the State Governments to follow certain canons of financial
propriety and to reduce the salaries and allowances of all or any class of individual serving in
connection with the Union's affairs, including the Supreme Court and High Court Judges.
Both Money Bills or Financial Bills must also be reserved for approval by the President after
they have been approved by the State Legislature. As a result, it is clear that in the
administrative sphere, states cannot function independently and must operate under the
control of and in collaboration with the Center.14

CONCLUSION:

The main aim of the work is to study about the relation of administrative functions of union
and state and the objective of examination of the Constitution at work cannot overlook a
fundamental fact of Indian constitutional government: the presence and operation of full-
fledged Parliamentary and Cabinet governments in the Indian Union's States. Local internal
autonomy is ensured by a local executive entirely accountable to a local Legislature, and
sovereignty means statehood, however restricted the distribution of powers might be. Local
governments follow local agendas, often in line with national policy, sometimes not. This
distinguishes them from the status that prevails in administrative federations, in which local
14
V.N. Shukla, Constitution Of India, Published By Eastern Book Co., 11th Edition, 2008.
units are required to toe the line and always obey the policy of the Center. India is
unquestionably a federation in which the Centre and Local States share statehood attributes
rather than using the ambiguous word "quasi-federation," it seems more fitting to classify her
as a federation with virtually divided authority, rather than an administrative federation.
Furthermore, two major changes, one associated with the establishment of coalition
governments in a number of local States, and the other with the reorganization of the Union
along linguistic lines, have bolstered the status of local States. " Nonetheless, the basic truth
remains that India is governed by twenty-eight governments at the same time, one National
government and twenty-eight State governments, which share the entirety of legislative
powers under the Constitution. Only a federal arrangement allows different states to share
sovereign powers under the same Constitution, which is what makes India a federal Union
and its Constitution a federal Constitution, the scope of the Articles 256, 257, and 365 are
sound guidelines aimed at ensuring cooperation between the Union and the States in order to
effectively enforce Union laws and national policies.