The document outlines the administrative relationship between the central and state governments in India. Key points include:
- The constitution allocates administrative responsibilities to achieve coordination between the center and states and settle disputes.
- The executive powers of the center and states are delineated based on the union, state and concurrent lists.
- Mechanisms for center-state coordination include the center giving directions to states, delegation of union functions, all-India services, grants-in-aid and statutory bodies.
- Disputes relating to water are adjudicated by tribunals per relevant laws.
1. Administrative Relation Between
Centre and State Art. 256 to 263
The scheme of allocating the administrative
responsibilities is drawn for the purpose of :-
• The administration of law.
• Achieving co-ordination between the centre
and states.
• The settlement of disputes between the centre
and states.
2. • Art. 73 and Art. 162
• The executive power of the centre extends to whole
of India in respect of matter in list I.
• A state ‘s executive power extend to its territory in
respect of matter in list II.
• Concurrent list. :-
the electricity (supply) Act 1956 ---by parliament
under entry 38 list III. Administrative power given
to state .
Industrial dispute Act ---- entry 22 list III.
3. Centre –state co-ordination:-
1. Centre’s direction to the states :
• Art. 257 It empower the central govt. to give
direction to a state in two specific matters
• the construction and maintenance of means of
communication which are declared to be national or
military importance.
• measures to be taken for the protection of railways
within the states.
• If the state fails to comply with the direction of the
centre then the president is empowered to declare
the state emergency.
4. 2. Delegation of Union function to state:- Art.258
the parliament may with consent of state govt.
entrust either conditionally or unconditionally
to that govt. or to its office functions relating to
any matter falling with in the executive powers
of the union.
• empower the parliament to use the state
machinery for enforcement of Union law.
• Plantation labour Act 1951 the executive
power left with the state , The supply of and
price of goods Act 1950.
5. • State conferring power to the centre . Art.258 A. inserted by the 7th
amendment in 1956.,
• In the case of N. B. Singh v Duryodhan AIR 1959,the appellant entered
into a contract with the Union (President of India) in an independent
contract for the construction of the Hirakud Dam where the Centre was
entering into the contract on behalf of the State of Orissa as per the powers
under Art.258A. The High Court of Orissa observed that the
relationship arising by virtue of Art.258A between the centre and
the state cannot be said to pertain to the law of agency but is only
a constitutional statutory entrustment in relation to the exercise
of the executive power which is a sovereign power. And by virtue of
this executive power of the Union, the President through an authorised
officer entered into a contract with the appellant with regard to the digging
of the canal. As such even if the Hirakud Dam Project was held to be
undertaken by the Government of Orissa, yet the work regarding which the
contract was entered into was one of the works of the construction project
undertaken by the Union Government by virtue of the entrustment of the
function in relation to the Hirakud Dam Project to the Government of the
Union.
6. • In Jayantilal Amratlal v. F.N. Rana AIR
1964,the distinction has been drown
between :-
• Functions vested in the union and
exercisable by the president on behalf of
the union, and
• Functions entrusted to the president by
express provisions of the constitution.
• Only the former function, but the not the
latter can be entrusted to the states under
Art. 258.
7. 3. All- India services :- the constitution
provides for the creation of an additional All-
India Services common to the union and the
state. To ensure inter state co-ordination and
implementation of the policies of the central
government through these officers.
4. Grants –in aid :- financial resources of the
state is very limited .
5. Full faith and credit clause :- shall be given
through the territory of India to public acts,
records and judicial proceedings of the union
and the state.
8. Disputes relating to water
• Art.262 authorizes the parliament to provide by
law for adjudication of any dispute.
• The supreme court or any other court have no
jurisdiction to solve the disputes relating to
water
• The river Board Act 1956
• Inter state Water dispute Act 1956. This Act
empowers the Central Govt. to set up a Tribunal
for adjudication of dispute.
9. Co-operative Federalism
Inter state council:- Art.263
It is appointed by the President.
Duty :-
• Inquiring and advising upon disputes which may
arises between states.
• Investigating and discussing the subject in which
centre and state have common interest.
• It function is merely advisory.
10. The state re-organisation Act 1951 has set
up five zonal councils namely :-
• Central Zone
• Northern Zone
• Eastern Zone
• Southern Zone
It consist of :-
• Union home Minister –Who is the ex-officio
chairman.
• Chief Minister of the state and his other
Minister nominated by the Governor of the
member state.
11. Other Statutory Bodies
• University Grant Commission
Other bodies for higher education
(Entry 66 list)
• Medical council of India
• All India council for technical education.
• Damodar valley corporation – a joint
enterprise of the centre and two states of
Bihar and west Bengal to develop the
inter-state valley of the Damodar River for
irrigation ,power and flood control.