Centre-State Administrative Relations

Centre-State Administrative Relations

Notes

Part XI, Chapter II (Art. 256-263) deals with administrative relations; the Union has the stronger position.

Provisions

• Art. 256: the executive power of every State must be exercised so as to ensure compliance with Union laws; the Union can give necessary directions.
• Art. 257: a State's executive power shall not impede or prejudice the Union's executive power; the Union can give directions on communication means of national or military importance, railways and the welfare of Scheduled Tribes (Art. 339).
• Art. 258 and 258A: the Union and States can confer functions on each other with consent.
• Art. 261: public acts, records and judicial proceedings of one State are given full faith and credit in all States.
• Art. 262: Parliament may adjudicate inter-State river water disputes and bar the courts' jurisdiction; the Inter-State River Water Disputes Act, 1956 (amended 2002) governs tribunals (e.g., Cauvery, Krishna, Godavari).
• Art. 263: Inter-State Council (Topic 77).
• Art. 355: the Union's duty to protect States against external aggression and internal disturbance; Art. 356 and 365 provide for President's Rule if the State fails to comply with Union directions.

All-India Services (Art. 312): the IAS, IPS and Indian Forest Service; created by Parliament on a Rajya Sabha resolution by two-thirds of members present and voting. Officers serve under the States but are recruited and disciplined by the Centre, which strengthens central control.

Other tools: appointment of Governors; Planning and NITI Aayog; centrally sponsored schemes; Integrated judicial service; deployment of central forces; Zonal Councils; Inter-State Trade and Commerce Commission (Art. 307); Joint State Public Service Commissions (Art. 315).

Key Points

• Art. 256-263; Art. 355 duty to protect States.
• Art. 256-257: Union directions to States.
• Art. 262: inter-State river disputes.
• Art. 312: All-India Services.
• Failure to comply with directions can lead to Art. 356.

MCQs

Q1. Inter-State river water disputes are provided for in: (a) Art. 262 (b) Art. 263 (c) Art. 264 (d) Art. 265 Ans: (a).

Q2. All-India Services can be created by Parliament if: (a) Lok Sabha passes a resolution (b) Rajya Sabha passes a resolution by two-thirds of members present and voting (c) The President orders (d) Half of the States agree Ans: (b). Art. 312.

Q3. The Union's duty to protect States against external aggression and internal disturbance is in: (a) Art. 352 (b) Art. 355 (c) Art. 356 (d) Art. 360 Ans: (b).