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Centre State Relation- Administrative Relationships

Indian Constitution lays down the framework which defines the duties, powers, procedures, and political principles of all the governmental institutions in India. In this context, the Centre and the States administrative relations in India are dealt by certain articles of the Indian Constitution. These articles are in the constitution’s Part XI, specifically 256 to 263. The Indian Constitution is basically a federal system that advocates a system of division of powers between the two. This means that a division of the legislative, executive and financial powers shall take place between them. 

Executive Powers Distribution

The Centre’s executive authority in India is quite substantial and it spreads across the entire Nation. In fact, this extension of the Centre’s executive power can even stretch to matters which are the sole legislative concern of the States.

There are certain matters in the Indian Constitution over which both the Centre and States enjoy legislative authority.  In such matters, the States shall enjoy executive power but there is one big exception.  The exception would be that the power would be vested in the Centre if it is so expressed by a Parliamentary Statute or a Constitutional provision.

Centre’s Directions to the States

The Centre in India enjoys the authority to provide instructions to states regarding their execution of power in the areas mentioned below:

  1. The centre enjoys authority over the means of communication; the construction of the state and its maintenance.
  2. The centre enjoys authority over Central Directions under Article 365 i.e the application of coercive sanction underlying these directions in certain situations.
  3. The centre enjoys authority regarding linguistic minority groups in a State; the provision of suitable facilities for their primary level schooling children to receive instructions in their mother tongue.
  4. The centre enjoys authority Regarding State’s Scheduled Tribes; the formulation and implementation of specific plans for their welfare.

Control of Union Over States

The Indian Union exercises a significant level of control over States. We can understand this level of control from the following points:

  • According to Article 257(1) of the Constitution, the exercising of the State’s executive powers must take place in a way that it avoids a negative interference with the Centre’s exercising of its executive powers. Also, the clause’s second part states that directions can be issued by the Centre to the State Governments for purposes that are considered to be essential.
  • According to Article 257(2) of the Constitution, the power to issue directions by the Union to the States shall also cover the matters related to means of communication; their building and preservation. This would have happened in case of the declaration of this to be of nation-wide or armed forces importance. 
  • According to Article 257(3) of the Constitution, the power to issue directions by the Union to the States shall also cover the railways of a specific State; their measures for protection.  
  • According to Article 257(4) of the Constitution, the Government of India shall pay agreed-upon costs that shall be incurred by the States for their conformity to the clause (2) or clause (3) directions. In case of an agreement default, the determination of the extra costs sum shall happen by a conciliator whose appointment shall take place by the Indian Chief Justice.

Administrative Cooperation Between Centre and States

The Administrative Cooperation between Centre and States can be understood from the following points:

  • Disagreements or complaints can arise pertaining to the river waters among States; their usage, distribution, or control. The adjudication of such disagreements or complaints shall take place by the Parliament.
  • An Inter-State Council can be created by the President for the purpose of researching and discussing mutual interest topics between the Centre and the Indian states. 
  • The processes to the public acts, records, and judicial processes of both Centre and States shall be granted full faith and credit across the entirety of the Nation. 
  • The Parliament shall enjoy the authoritative power to appoint an appropriate authority for the carrying out of constitutional provisions pertaining to interstate intercourse, commerce, and trade.

Conclusion

The Constitution of India facilitates administrative relations of the Centre with the various Indian States according to a parliamentary system of government. Furthermore, the doctrine of the division of powers further defines these administrative relations. The Centre’s executive authority is significant enough to spread across the entire Nation. Besides, the Centre gives instructions to the States regarding their execution of power in certain areas. The Indian Constitution also lays down administrative cooperation between the two.