ADMINISTRATIVE FEDERALISM: EXAMINING RELATIONS BETWEEN THE UNION AND THE STATES

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This article is written by Harshita of 9th Semester of B.COM LL.B, IMS Law College, Noida, an intern under Legal Vidhiya

ABSTRACT

This research explores the intricate administrative relationship between the Union and the States within the framework of the Indian Constitution.

The paper scrutinizes the Union’s authority to issue directions to State governments under Article 256, highlighting the significance of this power in ensuring compliance with national objectives and it also delves into the nuanced concept of delegation of Union functions to States.

Furthermore, the paper discusses the pivotal role played by All India Services, Grants-in-Aid, and the Full Faith and Credit Clause in harmonizing administrative functions across diverse States. Additionally, it underscores the establishment of Inter-State Councils as a testament to cooperative federalism.

Keywords: Administrative relations, Constitution, Inter-State council, cooperative federalism

INTRODUCTION

The Indian federal system is characterised by a unique blend of federalism and unitarism, where power is distributed between the central (Union) and the states.

Administrative relations between the Union and the States in India, as enshrined in Articles 263 to 265 of the Indian Constitution, represent a pivotal aspect of the country’s federal structure. This constitutional framework outlines the distribution of powers, responsibilities, and functions between the central government (the Union) and the individual states, forming the cornerstone of India’s federalism.

Article 263 lays the foundation for the establishment of an Inter-State Council, which acts as a forum for resolving disputes and promoting coordination among states and the Union. This council serves as a platform for dialogue and consensus-building among the Union and the states, ensuring effective communication and coordination in the formulation and implementation of policies.

Understanding this complex administrative relationship is pivotal in maintaining the delicate balance of power in a world’s largest democracy.

DIRECTIONS BY THE UNION TO THE STATES

Article 256 states that the executive power of every State in India shall be so exercised as to ensure compliance with the laws made by the Parliament and any existing laws that apply in that State^[1]. Furthermore, the executive power of the Union (the central government) extends to giving directions to a State government if it appears necessary for ensuring compliance with national laws.

In essence, this article emphasizes the importance of states following and enforcing laws enacted by the Parliament and recognizes the Union’s authority to intervene when needed to maintain lawfulness.

In Swaraj Abhiyan vs UOI^[2] the Supreme Court addressed the implementation issues of the National Food Security Act, 2013 (NFS Act) by various State Governments including the formulation of rules, the appointment of District Grievance Redressal Officers, the establishment of State Food Commissions, conducting social audits, and forming Vigilance Committees and emphasised the importance of cooperative federalism, where both the Central Government and State Governments must work together to ensure the effective implementation of the Act. Furthermore, the court called for a meaningful dialogue between the Center and the States to resolve implementation issues in the spirit of cooperative federalism, emphasising the importance of the NFS Act as a welfare legislation and urging the States to take it more seriously for the benefit of the people.

Control of the Union over the States in specific cases: Article 257 of the Constitution outlines the control of the Union over the states in certain cases. It provides that:

States must exercise their executive powers without impeding the Union’s executive power. The Union can provide directions to states as it may deemed necessary for the purpose.
The Union can issue directions to states regarding the construction and maintenance of communication routes declared as nationally or militarily important. However, this does not restrict Parliament’s authority to declare national highways or waterways, nor the Union’s ability to construct such communication routes for naval, military, or air force purposes.
The Union can give directions to states on measures to protect railways within the state.
If states incur additional expenses while following these directions, the Government of India must compensate them. The amount is to be determined through agreement or arbitration (arbitrator to be appointed by the Chief Justice of India) if consensus is not reached.

DELEGATION OF THE UNION’S FUNCTION TO THE STATES

Article 258 of the Indian Constitution deals with the power of the Union to confer powers and functions on the States in certain cases^[3] which are as follows:

The President of India, with the consent of the Governor of a State, can entrust functions to the State government or its officers in relation to any matter over which the executive power of the Union extends. This means that in specific situations, the central government can delegate its powers to the state government, either with conditions or unconditionally, to handle certain matters.
Parliament can pass a law that applies to a particular State, even if the subject matter of that law falls outside the jurisdiction of the State’s legislature. This empowers Parliament to make laws on subjects that would fall under the exclusive jurisdiction of the Union government. These laws can also confer powers and impose duties on the State government or its officers and authorities.
It is worth mentioning that Clause 1 of this article requires the consent of the state for delegation whereas Clause 2 empowers Parliament to pass laws without State consent, allowing central intervention in State affairs. When Parliament enacts such a law, it becomes the duty of State officers to implement it. Consequently, Parliament can influence State administrative matters without needing State consent, potentially impacting State autonomy.

Similarly, under Article 258-A which is inserted by the Constitution (seventh Amendment) Act, 1956^[4] the Governor of a State with the consent of the Governor of India has the authority to delegate functions to the Union government or its officers, extending to matters within the State’s executive power.

FULL FAITH AND CREDIT CLAUSE

It is provided under Article 261 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 and final judgments or orders delivered or passed by civil courts in any part of the territory of India shall be capable of execution anywhere within that territory according to law.

DISPUTES RELATING TO WATER

Article 262 of the Constitution grants Parliament the authority to enact laws for the resolution of disputes related to the use, distribution, or control of water in inter-State rivers or river valleys. It also allows the Parliament to make provisions to exclude the jurisdiction of both the Supreme Court and other courts regarding such disputes.

ALL-INDIA SERVICES

Article 312 of the Indian Constitution empowers Parliament to create All-India Services that are shared by both the Union and the States.

If the Council of States (Rajya Sabha) passes a resolution with the support of at least two-thirds of the members present and voting, declaring that it is necessary or expedient in the national interest, Parliament can pass a law to establish one or more All-India Services and shall also have the authority to regulate the recruitment process and the terms and conditions of service for individuals appointed to these services.

This provision aims to enhance inter-state coordination and promote effective implementation of Central Government policies. They facilitate the central government’s ability to enforce Union laws at the state level, ensuring uniformity and efficient governance across the country. It helps bridge the gap between national and state interests, fostering cooperation and alignment in policy implementation and administration.

GRANTS IN-AID

Due to limited financial resources, the States face constraints, even though they have significant responsibilities, especially in implementing social upliftment programs mandated by Directive Principles of State Policy under the Indian Constitution. To address these financial limitations, the central government grants aid to the states. These grants are crucial for states to meet their obligations and deliver essential services to their citizens.

Through these, the central government exercises control over state policies and programs. They often come with conditions, and if states disagree with these conditions or fail to meet them, the grants can be withdrawn. This fosters centre-state coordination and cooperation, ensuring that state policies align with national priorities.

INTER-STATE COUNCIL: CO-OPERATIVE FEDERALISM

Article 263 of the Indian Constitution provides for the establishment of an Inter-State Council.

It empowers the President of India, upon deeming it in the public interest, to establish an Inter-State Council. This council is entrusted with the duty to:

inquire into and provide advice on disputes that may have arisen between states.
investigate and discuss subjects in which some or all of the states or the Union and one or more states have a common interest.
make recommendations, particularly for enhancing policy coordination and action concerning these subjects.

Composition of the council

The council shall consist of the following members:

The Prime Minister
Chief Ministers of all the States
Chief Ministers of Union Territories with legislative assemblies.
Administrators of Union Territories without legislative assemblies.
Six Cabinet Ministers from the Union Council of Ministers, nominated by the Prime Minister.

The Prime Minister serves as the Chairman of the Council and presides over its meetings. In his absence, the Prime Minister can nominate a Union Cabinet Minister to preside over the meeting.

Procedure of the council

The Council shall establish guidelines to identify and select issues that are required to be before it.
The Council may meet at least three times a year at such time and place as the Chairman decides.
Meetings of the Council shall be recorded by camera.
Members of the Council shall form questions for its meetings.
All the questions of the members within the meeting shall be decided by consensus among them.
The Council may with the approval of the Central Government lay down additional procedures as necessary for conducting its business effectively

This council serves as a forum for resolving disputes between states, discussing matters of common interest, and making recommendations to enhance policy coordination among states and the Union. It promotes cooperation and coordination among different units of government within India.

CONCLUSION

India’s administrative federalism, governed by Articles 256 to 263 of the Constitution, embodies a delicate balance between the Union and the State autonomy. Through directives, delegation, All-India Services, Grants-in-Aid, and the Inter-State Council, this complex system harmonises governance. These provisions ensure compliance with national laws, enable efficient governance, and promote financial support and cooperation between the Union and the States. The Inter-State Council embodies cooperative federalism, facilitating dialogue and dispute resolution. In this diverse and intricate federal system, these administrative relationships are crucial for the effective functioning of India’s democracy.

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