Administrative relations between Centre and States
Q. Which of the following is/are true?
1) Article 312 deals with creating new All-India Service
2) Centre can give directions to States for provision of adequate facilities for instruction in mother-tongue at primary stage.
3) A law on concurrent subject has to be implemented by the state even if it is enacted by Parliament.- Published on 24 Feb 17a. 1, 3
b. 1, 2
c. 2, 3
d. All of above
ANSWER: All of above
- Administrative relations between Centre and States are dealt in Articles 256 to 263 in Part 11 of the Constitution.
Executive Power distribution -- The executive power division is on similar lines as the legislative power distribution.
- A law on concurrent subject has to be implemented by the state even if it is enacted by Parliament.
Obligation of States and the Centre -
- The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State.
- The executive power of every State shall be exercised in manner so as not to impede the exercise of the executive power of the Union.
- Article 365 - Where any State has failed to comply with, or to give effect to, any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution.
- After this, the President’s rule can be imposed in the state under Article 356.
Directions to the States by Union -
- The executive power of the Union shall also extend to giving directions to a State for measures to be taken for the protection of the railways within the State.
- The executive power of the Union shall also extend to the giving directions to a State as to the construction and maintenance of means of communication which are of national and military importance.
- Centre can give directions to States for provision of adequate facilities for instruction in mother-tongue at primary stage.
- Centre can also direct states to draw and execute specified schemes for the welfare of the Scheduled Tribes in the state.
Mutual Delegation of Functions -
- With the consent of the state government, the President may entrust to that government any of the executive functions of the Centre.
- Also with the consent of the Union government, the governor of a state may entrust to Union government any of the executive functions of the state.
- Centre can entrust its executive functions to a state without the consent of that state.
- But here it is the Parliament that is delegating and not the President.
- But, state cannot entrust executive functions on the Union government without Union government’s consent.
Cooperation between the Centre and States -
- Parliament can provide for adjudication river water disputes.
- Under Article 263, an Inter-State Council can be developed.
- Full faith and credit is to be given to public acts, records an djudicial proceedings of the Centre and every state throughout India.
- The members of these services occupy top positions (or key posts) under both the Centre and the states and serve them by turns.
- They are recruited and trained by the Centre.
- Though controlled jointly the final control lies with the Central government.
- Under Article 312, Parliament can create new All-India Services.
- These services they help in maintaining high standard of administration in the Centre as well as in the states and ensure uniformity of the administrative system throughout the country.
Public Service Commissions -
- Removal of various officials of state public service commissions is done by President only.
- Parliament can establish Joint State Public Service Commission.
Integrated Judicial System -
- This enforces both the Central laws as well as the state laws.
- This removes differences in the methods of seeking remedy.
- The judges of a state high court can be removed only by the president.
- Parliament can establish a common high court for two or more states.
