Administrative Relations Between Centre and State in India

India, a federal democracy, is a union of states with a well-defined system of government that divides authority between the Centre and the states. The relationship between the Centre (Union) and the States is crucial for the governance of the country, as India follows a quasi-federal system where both levels of government have distinct powers and responsibilities. 

The Indian Constitution, while providing autonomy to the states, also ensures a strong Centre to maintain the unity and integrity of the nation. Part XI of the Constitution, particularly Articles 256 to 263, governs the administrative relations between the Centre and the States.

Federal Structure of India and Division of Powers

The Constitution of India is often referred to as federal, but it is more accurately described as quasi-federal due to the significant role played by the Central Government. Federalism implies a system of governance where powers are divided between two levels of government – the national government and regional governments (in India’s case, the Union and the States). 

However, India’s federal system tilts towards centralisation, providing the Union government substantial authority over the States, especially in critical areas of governance.

Legislative, Executive, and Judicial Powers

The Indian Constitution demarcates the legislative powers between the Centre and the States through three lists in the Seventh Schedule:

1. Union List: Contains subjects on which only the Central Government can legislate.
2. State List: Contains subjects on which only the State Governments can legislate.
3. Concurrent List: Contains subjects on which both the Centre and the States can legislate. However, in case of a conflict, the law made by the Centre prevails.

While the Constitution provides for a clear division of legislative and executive powers between the Union and the States, it also establishes mechanisms for administrative cooperation and control, ensuring smooth governance and coordination between the two levels of government.

Administrative Relations Between the Centre and States (Articles 256-263)

The administrative relations between the Centre and States are outlined in Part XI of the Constitution under Articles 256 to 263. These provisions lay down how administrative functions are shared and coordinated between the two tiers of government.

Article 256: Obligation of States and the Union

Article 256 mandates that the executive power of every State should be exercised in such a manner as to ensure compliance with the laws made by Parliament and any existing laws that apply in the State. It also gives the Union Government the power to issue directions to a State if it deems it necessary to ensure compliance with these laws.

This provision plays a crucial role in maintaining uniformity in the application and execution of laws throughout the country, ensuring that States do not deviate from the legislative intent of Parliament. It promotes cooperative federalism by fostering harmony between national laws and state execution.

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

Article 257 places a restriction on the executive powers of States. It states that the executive power of a State must not be exercised in a way that impedes or prejudices the exercise of the executive power of the Union. Furthermore, the Union Government is empowered to issue directions to a State on matters related to:

• Construction and maintenance of means of communication declared to be of national or military importance.
• Railway protection within the State.

If a State fails to comply with such directions, the Central Government can withhold financial assistance and impose penalties. This article establishes the supremacy of the Centre in matters of national importance and ensures that critical infrastructure and security-related issues are handled in a coordinated manner between the Centre and the States.

Article 258: Delegation of Union Functions to States

Article 258 empowers the President of India to delegate the executive functions of the Union to the State Governments or their officers, with the consent of the State. This delegation of powers can happen in matters where the Union has executive authority but finds it efficient or expedient to have these functions executed by the States.

For example, functions related to Union subjects such as census-taking, elections, and taxation can be delegated to the States to ensure smoother administration. This article promotes administrative cooperation between the two levels of government, enabling the Centre to delegate tasks to States where it is more practical.

Article 258A: Delegation of State Functions to the Union

Article 258A, inserted by the 7th Amendment in 1956, allows States to delegate their executive powers to the Union. Like Article 258, this provision fosters administrative cooperation but from the States’ perspective. The Governor of a State, with the consent of the State Legislature, can entrust certain State functions to the Union, making this provision an example of flexible federalism.

This mutual delegation of powers highlights the collaborative nature of Centre-State administrative relations and ensures that governance is effective and not bogged down by rigid demarcations of authority.

Article 260: Jurisdiction of the Union in Relation to Foreign Territories

Article 260 allows the Union Government to exercise executive, legislative, and judicial functions in any territory outside India, in agreement with the government of that territory. While this article is not directly related to the administrative relations between the Centre and States, it shows the extent of the Union’s jurisdiction and its ability to engage in governance arrangements with foreign territories.

Article 261: Public Acts, Records, and Judicial Proceedings

Article 261 mandates that full faith and credit should be given to public acts, records, and judicial proceedings of the Union and every State throughout the territory of India. This article promotes administrative uniformity and cooperation between States and the Centre by ensuring that legal documents and judgments are recognised and respected across the entire country.

Additionally, final judgments or orders delivered by civil courts in one State are executable in other States as well, reinforcing the unity of the judiciary and administrative procedures across the nation.

Article 262: Adjudication of Disputes Relating to Waters of Inter-State Rivers

Water disputes between States are a critical area of contention in India. Article 262 empowers Parliament to provide for the adjudication of disputes related to the waters of inter-state rivers or river valleys. The article allows Parliament to exclude such disputes from the jurisdiction of courts, including the Supreme Court.

This provision ensures that water disputes, which often involve the interests of multiple states, are resolved through a structured and efficient mechanism, preventing prolonged legal battles. The Parliament, under this provision, has enacted the Inter-State Water Disputes Act, 1956, which provides for the constitution of Water Dispute Tribunals to adjudicate these disputes.

Article 263: Inter-State Council

Article 263 empowers the President of India to establish an Inter-State Council to discuss and investigate matters of common interest between the Union and the States or among the States themselves. The Inter-State Council is an important tool for administrative coordination and cooperation between the Centre and the States.

The Council can be tasked with:

• Inquiring into and advising on disputes between States.
• Investigating and discussing subjects of common interest between the Centre and States.
• Making recommendations on better coordination of policy and action between the Centre and States.

The Inter-State Council promotes cooperative federalism and provides a forum for dialogue, consultation, and consensus-building on various issues affecting both levels of government.

All-India Services and Administrative Relations

An important aspect of administrative relations between the Centre and States is the role of All-India Services such as the Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Forest Service (IFS). These services are jointly managed by the Centre and the States, ensuring that the administrative machinery functions uniformly across the country.

• Article 312 of the Constitution empowers Parliament to create new All-India Services, ensuring that certain key positions in the bureaucracy are filled by officials who are trained and appointed by the Union but serve in both the Centre and States.
• These services maintain uniform standards of administration and provide the Union Government with a means of control over state administration, as All-India Service officers can be transferred between States or recalled to the Centre.

Relations During Emergencies

The balance of power between the Centre and the States can shift significantly during emergencies, as outlined in Articles 352, 356, and 360 of the Constitution.

• National Emergency (Article 352): During a national emergency, the Centre can direct States on any subject, including those under the State List, thereby centralising authority.
• President’s Rule (Article 356): If a State government is unable to function according to constitutional provisions, the President can assume the powers of the State government. This provision has been criticised for its potential misuse but is intended to maintain the constitutional framework.
• Financial Emergency (Article 360): During a financial emergency, the Centre can direct States to observe financial propriety and reduce salaries of State employees, including judges.

These emergency provisions underscore the Centre’s overriding authority in times of crisis, ensuring that the integrity and stability of the nation are preserved.

Conclusion

The administrative relations between the Centre and States in India, as enshrined in Articles 256 to 263 of the Constitution, are designed to promote cooperation, coordination, and effective governance. While the Constitution provides for a division of powers, it also recognises the need for a strong Centre to maintain national unity and ensure the smooth implementation of laws and policies across the country.

At the same time, mechanisms such as mutual delegation of functions, the establishment of All-India Services, and the formation of the Inter-State Council provide flexibility and foster collaboration between the Centre and States. The overarching objective of these administrative relations is to strike a balance between the autonomy of the States and the authority of the Centre, ensuring that India’s federal system functions efficiently for the benefit of all its citizens.