State Administrative

The Union of India is a unique blend of Unitarianism and federalism. The Indian Constitution establishes a division of powers between the central and the state governments. The Union-State administrative powers are enshrined in Articles 256 and 263 of Chapter II of the Constitution of India. The following are the methods through which the centre exercises control over the states.

Direction by the Union Government to the state Government

The framers of the Constitution selected the notion of managing the state government from the Government of India Act, 1935, due to India’s unique history; particularly the events that led to the formation of the union of the states (Federation).

Responsibilities of the Union and state

As per Article 256, the State’s executive power must be exercised per the Parliamentary law, and the Union’s executive powers may be expanded to include the power to direct a State if it deems it necessary.

Union beyond States in certain matters

As per Article 257, the use of state executive powers must not block the Union’s executive authority from exercising its powers, and the Union’s executive power must be expanded to include commanding a state if necessary for the purpose.

The Union’s functions are delegated to the states

 The Union has the jurisdiction to grant the state powers in certain areas

1. The Parliament may hand over the state or its officers the tasks related to the Union’s executive power, conditionally or unconditionally, with the agreement of the State Government.
2. The Parliament can also use the state apparatus to implement central legislation and impose duties on the state or its personnel in this regard. It is noteworthy that the delegation of authority indicated in clause 1 requires the State’s consent, whereas the delegation of power described in clause 2 does not require the State’s consent.
3. It is the role of the state officers to carry out legislation conferring delegated powers and duties. As a result, the Parliament is capable of interfering with the State’s administrative functions even without the State’s permission.

States’ authority to delegate responsibilities to the Union’s executive power

As per Article 258 A, the Governor of a state may assign state or its officers responsibilities relating to any matter within the central executive power’s area with the consent of the Union Government.

Clauses of full faith and credit

Article 261 states that full faith and credit shall be granted to the following entities across Indian territory:

• Public Acts
• Records
• The Union’s and each State’s judicial proceedings

Final judgements or decrees issued by Civil Courts in any portion of India’s jurisdiction are applicable in accordance with the law within that region.

Conflicts relating to Water

As per Article 262, the Parliament has the legal competence to render a decision on any dispute or complaint involving-

1. The uses.
2. Control or distribution of any interstate waterway or stream valley’s waters.
3. The Supreme Court or any other court with authority over issues involving the water of interstate rivers and river valleys may be hidden by the legislation enacted by the Parliament.

Subsidies to help

The State’s economic resources are insufficient, even though it is required to carry out various social upliftment duties under the Directive Principles. The Central Government offers assistance to the States to help meet their growing demands.

Services Across India

As per Article 312, the Parliament may legislate to establish one or several All-India Services with conditions for personnel chosen to any service if the Rajya Sabha approves a motion of national interest upvoted by a 2/3rd of the members.

Cooperative Federalism

As per Article 263 of the Constitution, in the case of an interstate council, if the President believes that the public interest would be served by the establishment of a council charged with the task of:

1. Investigating and coming up with solutions to interstate disagreements.
2. Examine and debate topics of shared interests between the States, the Union, and one or more States.
3. If the President receives a suggestion on any issue, especially for improving policy and action, the President shall order the formation of such a council.

The Inter-State Council (ISC) Constitution

The Council will be made up of the following individuals:

• Prime Minister of India (Chairman of the council)
• Governors of the states who are appointed by the President
• The Prime Minister appoints six Cabinet Ministers to the Union Ministerial Council
• Chief Ministers from all the States
• Chief Ministers of Union Territories with Legislative Assemblies and Administrators of Union Territories without Legislative Assemblies

This Council will be chaired by the Prime Minister, who will also preside over its meetings. In his absence, he has the authority to appoint any Union Cabinet Minister to the position.

The Council’s Procedures

1. The Council will have rules for identifying and selecting issues for which they will be responsible.
2. The Council is expected to meet three times a year.
3. The Council meeting will be recorded on cameras.
4. Members will be able to raise questions during the Council Meeting.
5. All arguments that are posed must be resolved by a common consensus.
6. While functioning, the Council may observe any other procedures that they may establish periodically.

Relationship between the state and local governments in terms of administration

The Panchayats

Gram Sabha, according to the 73rd Constitutional Amendment, is the most significant aspect of the Panchayat Raj System for carrying out the tasks and authorities granted to it by the State Legislatures.

The Municipalities

As per Article 243 Q, there are 3 types of Municipal Corporations for urban areas:

1. A Nagar Panchayat for a transitional area.
2. A Municipal Council for a small area.
3. A Municipal Corporation for a large urban area.

Conclusion

The Union of India features a unique blend of Unitarianism and federalism. The Indian constitution establishes a division of powers between the national and state governments.  Even without an emergency, the State Government is a subsidiary of the Central Government. The Union Government executes various legislative and executive functions through the State machinery. Furthermore, the Inter-State Council chaired by the Prime Minister deals with the disputes between the States.