Administrative Relations between Centre and States

1. Introduction
The Constitution of India, 1950 is the grundnorm 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. The Constitution follows a parliamentary system of government. Further, it
follows the doctrine of the division of powers. The Constitution is neither purely federal
nor purely unitary. Scholars have often defined it as ‘quasi-federal.’ India has moved
from competitive federalism to cooperative federalism over a period of time.

2. Administrative Relations
In order to ensure the smooth and proper functioning of the administrative machinery at
the two levels, the Constitution embodies provisions for meeting all types of eventualities
resulting from the working of the federal system. The Constitution provides for a flexible,
permissive and not a rigid scheme of allocation of administrative responsibilities between
the Centre and the states.
The Scheme of allocating the administrative responsibilities is drawn for the purpose of
(i) the administration of law,
(ii) achieving co-ordination between the Centre and the States, (iii) the settlement of
disputes between the Centre and States and between States inter se and
(iv) for the purpose of Article 365.

3. Distribution of Centre- State Executive Power

The Constitution has adopted the following techniques of co-ordination between the
Centre and the States:
a) Delegation by the Centre [Article 258 (1)]
i. By Agreement
a. Article 258(1) provides that the President may, with the consent of the
Government of a State, entrust either conditionally or unconditionally, to
that Government, functions in relation to any matter to which the executive
power of the Union extends. The Centre reserves to itself the power to
issue directions to the delegate States for the exercise of powers but only
with the consent of the State.
b. The Supreme Court in Jayantilal Amrital v F.N Rana,1 distinguished
between the functions exercised by the President on behalf of the Union
and functions conferred on the President under express provision of the
Constitution. Only the former functions could be delegated under Article
258(1) and not the latter functions.
ii. By Legislation
Article 258(2) empowers the Parliament to make laws authorising the delegation
by the Central Government of its powers and functions to the States. Such matters
may be those enumerated in List I or List III of the Seventh Schedule. Article

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 258(3) also provides for the payment by the Government of India to the State an
agreed sum for any extra costs incurred by the State and in case of default of
agreement, an arbitrator shall be appointed by the Chief Justice of India.
iii. By Directions
a. It is incumbent upon the State Government to act in accordance with the
directions given by the Central Government.
b. Article 256 provides that the executive of every State shall be so exercised
as to ensure compliance with the laws made by Parliament. It further
empowers the Central Government to give such directions to the State
Government.
c. Article 257(1) provides that the executive power of the State cannot obstruct
the executive powers of the Union. Article 257(2) and Article 257(3)
provides the Centre to give directions to State in two specific matters: (a) in
respect of national and military importance and (b) in respect for protection
of railways.
d. Any additional costs paid by the State shall be paid by the centre as per the
agreement. In case of default of agreement, an arbitrator shall be appointed
by the Chief Justice of India.
b) All India Services
Article 312 empowers Parliament to create by law all-India Services common to the
Union and the States. The object is to ensure greater inter-State co-ordination and
implementation of the policies of the Union through the members of these services. It
also facilitates the execution of the Union laws in the State.
c) Inter-State Council
i. The Constitution visualises the institutions of Zonal Council and Inter-State
Council, which are meant for achieving inter-governmental consultation and
cooperation mainly in socio-economic fields. Article 263 says that the Council
has the duty of:
a. inquiring into and advising upon disputes which may have arisen
between States;
b. investigating and discussing subjects in which some or all of the
States, or the Union and one or more of the States, have a common
interest; or
c. making recommendations upon any such subject and, in particular,
recommendations for the better co-ordination of policy and action
with respect to that subject.
ii. The Inter-State Council may be established by the President by order if it
appears to the President that public interest would be served by the
establishment of the council. Nature of duties and the procedure for the
functioning of the Council shall be determined by the President.
d) Miscellaneous Provisions
i. As per Article 260, enables the Union Government to undertake any executive,
legislative or judicial functions in respect to any territory which is not part of
India.
 ii. As per Article 261 states that full faith and credit shall be given throughout the
territory of India to public acts, records and judicial proceedings of the Union
and of every State.
iii. As per Article 262, the parliament may by law provide for the adjudication of
any dispute or complaint with respect to the use, distribution or control of the
waters of, or in, any inter-State River or river valley.
iv. In case of National Emergency (Art. 352), the Centre becomes entitled to give
executive directions to a State on any matter.
v. Similarly, during President Rule (Art. 356), the President can assume to
himself the functions of State government and the power vested in Governor or
any other executive authority in the State.
vi. During operation of Financial Emergency (Art.360), the Centre can direct the
States over certain financial matters and the President can give other necessary
directions, including reduction in salary of persons serving in the State and the
Judges of the High Court.
4. Conclusion
Indian Constitution is neither purely ‘federal’ nor purely ‘unitary’. The federal form is
clearly manifest in the constitutional distribution of powers between the Union and the
States, not only in the legislative field but also in executive and administrative fields.