Constitution presentation :

Administrative relations between Union and

State.
Submitted by: Garima Mishra BALLB 3RD SEM.
Centre-State Relations Administrative
• The Constitution of India, 1950 is the Grund norm of the country. It
primarily lays down the framework which defines the political
principles, procedures, powers and duties of various governmental
institutions and lays down the fundamental rights and duties of the
citizens, etc
Administrative Relations between Centre and States
The administrative relations between the Centre and the States
are stated under Article 256 to Article 263 of the Constitution of India. 
Article 246 of the Constitution deals with the subject matter of laws
which are to be made by the Parliament and the State Legislatures
The obligation of States and the Union
• Article 256 of the Constitution of India can be divided into two parts.
• Firstly, it lays down that the executive powers of the State are to be exercised in such a
manner that it complies with the laws made by the Parliament or any other existing laws
which are applicable in the State. Secondly, it states that the executive power of the Union
includes in its ambit such directions that are given to the State by the Central Government,
which it deems necessary for the purpose.
• Article 256 is the successor of Section 122 of the Government of India Act, 1935. Although
this provision is particularly silent about the consequences in case of non-compliance, the
drastic sanction is laid down in Article 365 of the Constitution. To explain, if a State fails
to comply with the directions issued by the Centre, then it is lawful for the President to hold
that a situation has arisen wherein the State government cannot be carried on according to
the provisions of the Constitution. Consequently, a state emergency can be imposed. The
primary theme of this provision is that there should be a proper execution of the central laws
in all the states.
Precedents
• In the case of State of Karnataka vs. Union of India (1977), it was held
that the Centre 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 (1977), the Apex Court held that
the issuance of directions to the State government by the Centre
under 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.
Control of the Union over States in certain
cases
• Article 257 of the Constitution of India, 1950 deals with this subject.
• Article 257(1) provides that the exercise of the executive powers of the State
should be done in such a manner that it does not hamper or prejudice the
exercise of the executive powers of the Centre. Further, the second part of this
clause is similar to that of Article 256. It lays down that the Centre can issue
directions to the State Governments for purposes deemed necessary.
• Article 257(2) provides that the executive power of the Union to issue directions
to the States shall also extend to the matters of construction and maintenance of
means of communication declared to be of national or military importance.
Although communications is a State subject under Entry 13, List II, Schedule VII
of the Constitution – the Union has been empowered to issue directions.
• Article 257(3) provides that the executive power of the Union to issue
directions to the States shall also extend to the measures required to
be taken for the protection of the railways within a particular State.
• Article 257(4) provides that for the purpose of compliance to the
directions under clause (2) or clause (3), the States incur excess costs,
which would not have occurred in the discharge of the normal duties of
the State in the absence of such directions, then these costs shall be
paid by the Government of India such sum as may be agreed. If there is
a default of agreement, the sum of the extra costs so incurred by the
State will be determined by an arbitrator appointed by the Chief Justice
of India.
Centre-State Relations during Emergency
• (i) During a national emergency (under Article 352), the state
government become subordinate to the central government. All the
executive functions of the state come under the control of the union
government.
• (ii) During a state emergency (under Article 356), the president can
assume to himself all or any of the functions of the Government of
the State and all or any of the powers vested in or exercisable by the
Governor or authority in the State other than the Legislature of the
State.
• (iii) During the operation of financial emergency (under Article 360),
the Union may give directions to any State to observe such canons of
financial propriety as may be specified in the directions, and to the
giving of such other directions as the President may deem necessary
and adequate for the purpose.
• Financial Relations
• The Constitution has provided the union government and the state
governments with the independent sources of revenue.
It allocates the powers to centre and the states in the following way:
• (i) The parliament has exclusive power to levy taxes on the subjects
mentioned in the Union List.
• (ii) The state legislatures have exclusive power to levy taxes on the
subjects mentioned in the
• State List
• (iii) Both the parliament and the state legislature are empowered to
levy taxes on the subjects mentioned in the Concurrent List.
• (iv) The parliament has exclusive power to levy taxes on the matters
related to the residuary subjects.