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Part IV Gain Insights into Union- State Administrative Relations
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This lesson majorly concentrates on the remaining important aspects related to union- state administration relationships which haven't been discussed so far. As the lesson begins, he explains the coordination of executive powers under the light of article 257. Then he describes the cost of the following direction. According to article 350(A), how the ​president can issue directions to any state for securing provisions of adequate facilities for instruction is also discussed further in-depth.

Bhavin Sangoi
BA Political Science and Psychology, Mumbai University. Teaching Polity, Economics and international relations for 7 years.

U
Unacademy user
u r really helpfull for us
u said that mr. kejriwal cannot use delhi police to arrest the PM of India since article 257 states that executive power of state shall not impede the executive power of the union. can u please explain how arresting the PM impedes the executive power of the union? also, does this mean that no police under a state govt can arrest a union minister under any circumstances? say for example a union minister commits a murder in karnataka, then can the karnatake police not arrest the minister?
Bhavin Sangoi
3 years ago
I didn't say that if PM or any other minister has committed any crime, then he can't be booked under law. I reffered to the logic of TSR Subramanian, where he said that if charge of Delhi Police is given to Government of Delhi, then he can use it in a prejudicial manner against center. If his law minister is arrested then he'll send his police to arrest law minister or PM of India. On that point I said that it is an exaggerated logic, because article 257 bares State government from using its executive powers in a manner which is prejudicial or which impedes the executive powers of the Union. One more thing Article 361 grants this kind of immunity from criminal prosecution, arrest or imprisonment to only the President of India and the Governor of a state. So theoretically, PM or any other minister can be arrested for any crime. However in reality PM is not arrested easily, even if some criminal cases are filed against him. Kejariwal had alleged that PM has got a fake degree...... Continued
Bhavin Sangoi
3 years ago
now in such allegations a common man could have been arrested very easily but PM wouldn't have been touched even if Kejariwal had the charge of Delhi Police.
RAHUL SRIVASTAVA
3 years ago
thank u for ur reply. i get ur logic, and it is correct. but perhaps what mr. Subramanian was implying was that a normal CM would not send delhi police to arrest the PM on cases like u cited (fake degree), but kejriwal would. whether he has committed an actual crime or not will be decided by the judiciary, but in the meanwhile such a warrant can be issued. of course this is purely hypothetical, and we don't know what he would do. but since constitutionally the PM does not enjoy any such immunity, with mr. kejriwal there is at least some real possibility he would do so! but looking at it beyond the present CM, i think it can be a good theoretical question. in case delhi police is transferred to the state govt, whether the PM should have at least some sort of immunity, possibly in terms of some prior notice given to him so that he can move the judiciary to seek its intervention. for ex, dr. mahmohan singh's name came in coal scam, perhaps an overenthusiastic delhi CM would have issued a warrant for his arrest.
RAHUL SRIVASTAVA
3 years ago
or even for central ministers. since so many minister's names keep coming in corruption cases, if delhi police is under the state govt., a CM could theoretically keep sending central ministers to jail. anyways all this is purely hypothetical, thank u for ur reply again!
Bhavin Sangoi
3 years ago
Yes, I understood the logic of TSR Subramanian. While I've no doubt about the eccentricities of Kejariwal but still believe that he can't do any such thing. Because constitution makers weren't completely oblivious about this possible misuse and hence they have put enough safeguards to avoid this. 1) not only minister but even common men can't be arrested without warrant, except in cases of preventive detention. 2) warrant is issued by judicial magistrate who is controlled by by HC under article 235, and not by the state government. 3) in 99% cases a warrant issued by court is bailable, except a person is absconder or a terrorist or a repeated offender, because bail is a rule and jail is an exception. And there's a provision of anticipatory bail to avoid arrest in cases of bailable warrant. 5) Even if the warrant is issued by magistrate, stay order can be obtained on warrant before its execution.
Bhavin Sangoi
3 years ago
6)All the above mentioned safeguards are available to ministers as well as common men, apart from these some special safeguards are available for MPs and MLAs. I've explained them here. https://unacademy.in/lesson/powers-and-privileges-of-parliament/PGW47W5L 7)it's because of this police doesn't put hand on politicians without watertight case. Jitendra singh Tomar and Rajendra Kumar too were arrested only after enough evidence were gathered against them. That's why in both the cases Kejariwal had to face embarrassment when the court didn't grant bail to both of them. If judge had modicum of doubt about evidence then he would have definitely granted bail. 8)Finally if it's found that state government used its police forces in a prejudicial manner to harass central ministers then there's another risk of violation of article 257, in that case it may also open the door for imposition of article 356.
RAHUL SRIVASTAVA
3 years ago
thank you for your reply again. your comments are very illuminating, and your area of knowledge very wide. perhaps mr. Subhramanian became over-emotional in his fear of kejriwal!
Bhavin Sangoi
3 years ago
Yes, he had become emotional but perhaps not because of fear as he is a retired civil servant and Kejariwal can't harm him in anyway. It was perhaps because of rage that he felt the way Kejariwal behaved with senior civil servant like Shakuntala Gamlin. That whole issue was played on a very emotional pitch by both the sides. Even that Vivek Tankha(presently he is Rajya sabha MP from Congress and had represented it in Arunachal Pradesh case in SC) who was present in the debate was making such highly exaggerated arguments like calling the arrest of Jitendra Singh Tomar as blackest day of democracy, as Police resorted to excessive use of force. He said that even though Police had legal right to arrest him, they could have questioned him without arresting him. Here TSR Subramanian was right in retorting him that "Police was the best agency to decide what course of action to be taken in the investigation. Police's action wasn't illegal and Police was under pressure because of allegation put by AAP everyday."
Bhavin Sangoi
3 years ago
Anyway just a correction of mistake in the first point of my previous answer. I had said "Police can't arrest somebody without arrest warrant except in cases of preventive detention". But I forgot to mention that in case of Cognisable offence Police can arrest even without warrant. Finally I had raised this issue in my lecture to invite a good discussion on Center State relations, which I am glad happened here. Thanks for the engaging discussion.
Hii, Bhavin sir, I am from AP and I have seen in news in my state that CBI is requesting CM to permit them to question his cabinet minister related to a scam, Why is this so , bcz u said CBI asked Uk cm to come to them ? Can CBI question and arrest state ministers including CM? Can CBI arrest state employee under prev of corruption act or they only limited to central employees and state employees are arrested by state ACB's ? Thank you for these wonderful lessons.
Bhavin Sangoi
3 years ago
1) CBI is established under Delhi Special police Establishment (DSPE) Act, 1946. Its jurisdiction is restricted to only Union territories and Railway premises situated in the States. 2) It requires previous approval of Central Government to conduct inquiry or investigation of any offence alleged to have been committed under the Prevention of Corruption Act, 1988 (49 of 1988) - (a) the employees of the Central Government of the Level of Joint Secretary and above; and (b) such officers as are appointed by the Central Government in corporations established by or under any Central Act, Government companies, societies and local authorities owned or controlled by that Government. 3) no such approval shall be necessary for cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any gratification.
Bhavin Sangoi
3 years ago
4) Provision for seeking approval was inserted in the act to protect honest civil servants and politicians from being prosecuted for unintentional mistakes. However nowadays this provision is blatantly misused to protect corrupt officers and politicians. This provision of DSPE act was declared unconstitutional by SC in 2014, but under prevention of corruption act section 19, the approval is still required. In fact earlier request for approvals were kept pending for years however SC in Subramanian Swami v/s Manmohan Singh case declared that decision on permission should be taken within 3 months. Otherwise it would be deemed automatically that permission is given.
Bhavin Sangoi
3 years ago
5) Consent of State Government is required to exercise of powers and jurisdiction in the State. That's why in Andhra Pradesh CBI is seeking permission from the Governor to allow it to prosecute the minister. If the government doesn't give this approval then CBI is helpless. It is because of this in Maharashtra Ashok Rao Chavan who was an accused in Adarsh scam couldn't be prosecuted. Later on the new Maharashtra government gave permission to prosecute him. 6) It's because of this provision whenever some heinous crime like Nithari killings or Bulandshaher gang rape occur people make hue and cry that conduct CBI investigation but, as long as State doesn't refer the matter to CBI, it can't intervene.
Bhavin Sangoi
3 years ago
7) This limiting provision is in the act because law & order is a State subject. Not only this, as I have explained in the first lecture on Union - State Administrative Relations that, laws that come under Concurrent list are implemented by the State Government, whether they are made by Parliament or State assembly. IPC and CPC both come under Concurrent list that's why CBI can intervene in the crime in States only either the Court gives the order or on the reference or approval of State government. 8) In case of Uttarakhand CM, the case was reffered to CBI by the Governor when the State was under President’s rule. Although when Harish Rawat became CM again, he got that reference revoked but CBI sought legal opinion on this. The lawyer of CBI adviced that once the reference or permission is given in which CBI starts its work, then it can't be revoked arbitrarily. Even the SC while delivering judgment on validity of President's rule in Uttarakhand, said that the CM should be prosecuted for corruption.
Bhavin Sangoi
3 years ago
9) CBI will still require special permission to arrest him, even if he is found guilty, as he is a sitting CM. However at present they just called him for questioning for which no further permission is required.
Ashok ponnekanti
3 years ago
Thank you so much sir, for such a long and detailed reply.. your lessons are truly valuable.
Thanku Sir for such knowledgeable videos. In a book I was reading, there were recommendations of various commissions including Punching commission and others. The quantum of content was very high and it was difficult to remember all or most of them. And I observed you didn't mention them in any videos. So can I leave those topics as they consume a lot of time and efforts and I don't know whether they are that important or not because I have yet not given any attempt or mock test and I am just at the beginning stage of UPSC preparation. I shall be really thankful to you.
Bhavin Sangoi
3 years ago
Sorry for the delay in response, I was of out Mumbai. Naturally when you are at beginning stage of your preparation it would be difficult to understand the Punchchi commission recommendation. So don't worry much about it. At present try to get command over basic material, only in the advance stage read report of the committee and read each recommendation with relevant topic, for instance when you read about given provision on Governor, read the recommendation given on governor. This is how it would be easy too remember. The way Laxmikant has clubbed them all it would be difficult to understand, remember and reproduce in exam.
Ritu Raj
3 years ago
Its over? Or are you planning to complete the course including financial and legislative relation as well???. It's tough to understand directly from book???
Bhavin Sangoi
3 years ago
No, it's not over. I'll complete the all lectures as promised in the first lecture of this this course, but only after November. Actually Unacademy was undergoing some major structural changes in last few months, hence lectures couldn't be uploaded. Now when those changes are done, I'm busy. But before December II'll surely finish it.
Ritu Raj
3 years ago
Thanks!! please do finish it.. :)
CAn u upload lecture on Union and state financial relations. iam sure most of us dont have clear idea about it
SM
can someone provide the link from where i can download the question paper of unacademy mock test
  1. Course Name: In-depth study of Centre State Relations Lesson Name: Union - State Administrative Relations - IV PRESENTED BY BHAVIN SANGO


  2. About me B.A in Political Science & Psychology Appeared in UPSC CSE Mains VTeaching Indian Polity, International Relations, economics &mental Ability since 5 years Experience of teaching for various competitive exams such as NTSE, CET & UPSC Course Fee: CONTRIBUTE Follow me on: https://Unacademy.in/user/BhavinSangoi


  3. Coordination of executive powers According to article 257 The executive power of every state shall be so exercised so as not to not impede or prejudice the executive power of the Union Executive Power of Union shall extend to the giving of such direction to a state as may appear to the Government of India necessary for the purpose


  4. Cost of following direction Expense incurred by State, while following the direction given by Union under Article 257 or due to duties conferred or imposed by Parliament or state, would be determined by an arbitrator by CJI


  5. Primary education in mother tongue According to article 350 (A), President can issue directions to any state for securing provisions of adequate facilities for instruction in the mother tongue at the primary stage of education to children belonging to linguistic minority groups


  6. Failure in compliance with Union directives According to 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 the constitution, it shall be lawful for the president to hold that a situation has arisen in which Government of State cannot be carried on in accordance with the Provision of Constitution of India to any directions given in