Centre State Administrative Relations (Articles 256-263) in India

Introduction

Administrative Relations, as outlined in Part XI of the Indian Constitution (Articles 256-263), govern the interactions and cooperation between the central government and the state governments in administrative matters. These articles delineate the roles, responsibilities, and powers of both levels of government regarding administrative functions, including the implementation of laws and policies. 

Administrative Relations can be studied under the following heads

Distribution of Executive Power

• Coextensive with legislative powers, except in a few cases. However, laws on concurrent lists are executed by states except when a Constitutional provision or a parliamentary law specifically confers it on the Centre.

Obligation of States and the entre

• Article 256: Power of state should be exercised to ensure compliance to laws of the Parliament and GOI can also give direction for that.
• Restrictions on State Executive Power: Two restrictions on the executive power of the states:
  • To ensure compliance with the laws made by the Parliament
  • Not to impede or prejudice the exercise of executive power of the Centre.
• Article 365: Says that where any state has failed to comply with (or to give effect to) any directions given by the Centre, the President’s rule may be applied.

Centre’s Directions to the States (Art. 257)

• The Centre is empowered to give directions to the states with regard to:
  • Construction and maintenance of means of communication (declared to be of national or military importance) by the state;
  • Protection of the railways within the state;
  • Adequate facilities for instruction in the mother tongue at the primary stage of education to children belonging to linguistic minority groups in the state; and
  • Drawing up and execution of the specified schemes for the welfare of the Scheduled Tribes in the state.
• Application of Coercive Sanction: The coercive sanction behind the Central directions under Article 365 (mentioned above) is also applicable in these cases.

Mutual Delegation of Functions

• Nature of Mutual Delegation: This mutual delegation of administrative functions may be conditional or unconditional
• Mechanisms for Mutual Delegation: Mutual delegation of functions between the Center and the states can occur through either agreement or legislation. 
  • Center vs. States: While the Center has the option to employ both methods, states are limited to utilizing only the former.

Cooperation Between Center and State

• Appointment of Authority by Parliament: Parliament can appoint an appropriate authority to carry out the purposes of the constitutional provisions relating to the interstate freedom of trade, commerce and intercourse. 
  • No such authority has been appointed so far.

All India Services (Art 312)

• Article 312: Constitution authorizes the Parliament to create new All-India Services (AIS) on the basis of a Rajya Sabha resolution.
• Joint Control: AIS are controlled jointly by the Centre and the states. 
  • The ultimate control lies with the Central government while the immediate control vests with the state governments.

Public Service Commissions

• Appointment of Members of SPSC: The Chairman and members of an SPSC are appointed by the governor of the state and can be removed only by the President.
• Joint State Public Service Commission: Parliament can establish a JSPSC for two or more states on the request of the state legislatures concerned. 
  • Chairman and members of the JSPSC are appointed by the President.
• UPSC Support to State: UPSC can serve the needs of a state on the request of the state governor and with the approval of the President.
• Joint Recruitment: UPSC assists the states (when requested by two or more states) in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required.

Integrated Judicial System

• No dual system of administration of justice. Established an integrated judicial system with the Supreme Court at the top and the state high courts below it.
• Common High Courts: Parliament can establish a common high court for two or more states. Example: Maharashtra and Goa or Punjab and Haryana.

Relations During Emergencies

• National Emergency (Art.352): The Centre becomes entitled to give executive directions to a state on ‘any’ matter. 
• President’s Rule (Art. 356): The President can assume to himself the functions of the state government and powers vested in the Governor or any other executive authority in the state.
• Financial Emergency (Art. 360): The Centre can direct the states to observe canons of financial propriety and can give other necessary directions including the reduction of salaries of persons serving in the state.

Other provisions

• Article 355: To protect states against external aggression and internal disturbance; To ensure state governments should be carried on in accordance with the provisions of the Constitution.
• Governor: Appointed by President; Acts as an agent of Center.
• State Election Commissioner: Appointed by Governor; Removed by President.

Extra-Constitutional Devices: NITI Aayog + National Integration Council + Zonal Councils + North-Eastern Council.

Conclusion

• Centre State Administrative Relations, governed by constitutional provisions, delineate the roles and responsibilities of the central and state governments in administrative matters. 
• These relations aim to foster coordination, cooperation, and effective governance, ensuring the smooth functioning of the federal structure in India while facilitating the efficient delivery of public services to citizens across the nation.