The distribution of legislative authority has resulted in a shared executive branch between the federal government and the states. Article 256 to 263 of the constitution deals with the administrative relations between the Centre and States.
Distribution of Executive Powers
The centre’s power encompasses the entire nation when it comes to matters over which it has exclusive jurisdiction (union list), as well as when it exercises any rights, jurisdiction, or authority granted to it by a treaty or agreement.
The subjects listed in the state list fall under the state’s purview.
The states have the executive authority in matters involving the concurrent list.
The state’s executive branch must act to ensure the laws established by Parliament are upheld.
A state’s executive power may not be interfered with or affected in any way.
The Obligation of States and the Centre
The constitution has placed two restrictions on the executive power of the states in order to give ample scope to the center for exercising its executive power in an unrestricted manner.
The state’s executive branch must act to ensure the laws established by Parliament are upheld.
As not to prejudice the executive power of the centre in the state.
In both cases, the executive power of the Centre extends to giving such directions to the state as are necessary for the purpose.
The sanction behind these directions of the Centre is coercive in nature.
Thus, Article 365 says that where any state has failed to comply with any directions given by the Centre, it will 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 the Constitution. It means that, in such a situation, the President’s rule can be imposed in the state under Article 356.
Centre’s Direction to the States
In Centre-State Relations, the following circumstances are where the Centre may provide advice to states:
Construction and maintenance of communication systems deemed national or military important by the government.
Actions to be taken to guarantee the state’s railways are safe.
Provision of enough resources for students from linguistic minority groups to receive elementary school instruction in their home tongue.
The creation and execution of specific initiatives for the ST’s welfare in the various states.
Mutual Delegation of Functions
The constitution permits intergovernmental delegation of executive authorities to decrease rigidity and prevent a deadlock.With the state government’s approval, the president may delegate the union’s executive functions to it.
The governor may delegate the executive responsibilities of the state to the union with the approval of the federal government.This agreement to share authority may be either conditional or unconditional.
The constitution also permits the state to provide the union executive authority without the state’s consent.But such delegations are made by Parliament, not by the President. However, a state’s executive authority cannot be transferred in the same manner.
Read Also: Tamil Nadu’s Manamadurai Pottery Gets GI Tag
Read Also: Yongle Blue Hole (YBH)
Read Also: Financial Committees In Parliament
Administrative Relations,Administrative Relations,Administrative Relations
