- Polity, Study Materials

Centre-State Relations : Administrative Relations

  • The Executive Power of the Centre extends to the whole of India on the matters of Union List.
  • The Executive Power of a State extends to its territory on the matters of State List.
  • In case of Concurrent List , the Executive Power rests with the States, Except when a Constitutional Provision or a Parliamentary Law specifically confers it on the Centre . Thus, even if a law on Concurrent List is enacted by the Centre , it is to be generally executed by the State
  • The Executive Power of State is to be executed in such a way so as to ensure compliance with the laws enacted by Parliament and Not to impede or prejudice the exercise of the executive power of the Centre to the State. Thus there is obligation (general or specific) on the State not to hamper the Executive Power of the Centre.
  • If any State fails to comply with directions given by the Centre( Article-365). , President’s Rule can be imposed in the State (Art-356).
  • While exercising the Executive Power, Centre is empowered to give directions to the States in various matters like (a) the construction and maintenance of means of communication of national and military importance, (b) Protection of railways, (c) Providing adequate facilities to instruct in mother tongue at the primary stage of education for linguistic minority groups and (d) Drawing up and execute specified schemes for the STs.
  • Constitution provides for inter-government delegation of executive functions of the Centre and States. President may entrust State Govt any of the executive function of the Centre. Conversely , Governor of a State may entrust the Central Govt any of the executive function of that State. This mutual delegation of administrative functions may be conditional or unconditional, and this takes place either under an Agreement or by a Legislation. Centre can use both the method, but States can use only the Agreement method.
  • Article – 312 authorises the Parliament to create new All-India Services (Like IAS, IPS) on the basis of a Rajya Sabha resolution.
  • The Chairman and Members of a state public service commission , though appointed by the Governor of the State, can be only removed by the President.
  • A single system of judiciary enforces both the Central Laws as well as the State Laws.
  • Parliament can establish a common High Court for two or more States.
  • During National Emergency (Art-352) , Centre becomes entitled to give Executive Directions to a State on ‘any’
  • During President’s Rule (Art-356), The President can assume himself the functions of the State Government .
  • During Financial Emergency (Art-360) , Centre can direct States in various financial matters.
  • Some non-constitutional advisory bodies like Planning Commission (now repealed) , National Development Council etc promote cooperation and co-ordination between the Centre & the States.

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