Page 1 of 6

European Journal of Business &

Social Sciences

Available at https://ejbss.org/

ISSN: 2235-767X

Volume 07 Issue 03

March 2019

Available online: https://ejbss.org/ P a g e | 94

Centre-States Administrative Relations in India: An Overview

Lalita

Research Scholar (M. Phil)

Department of Public Administration

M. D. University, Rohtak (Haryana)

Abstract: The fact is that the administrative relations between Union and state operate in a

manner that Centre’s supremacy is more than visible. During emergencies the Indian federal

arrangement can be suspended and squeezed into a unitary operation. But even during normal

times the centre can descend upon the state through its powers of delegation, direction and

grants in India. The provision of all India services, Inter-state councils and later State Commerce

Commission establish Centre’s hegemony. Articleslike 256, 246, 257 and 263 are potent weapons

by which the administrative activities by states can be made to fall in line to wishes of the Centre.

Article 256 of the Constitution specifies the respective obligations of the Union and the state

governments and lays down the executive power of every state shall be so exercised as to ensure

compliance with the laws made by the Parliament and any existing laws which apply in that state

and the executive power of the Union shall extend to the giving of such direction to the state as

may appear to the Government of India to be necessary for that purpose. The present research

paper highlights the key aspects of administrative relations in India.

Keywords: Centre-State Relations, Administrative, Hegemony, Execute.

Introduction: The constitutional provisions in center, state and concurrent list are clear cut

indication that the over centralization in legislative realm has led to Centre's predominance in

administrative and other fields. Consequently, the executive power of the state becomes co- extensive with its legislative powers. It means that the executive power of state shall extend only

to its own territory and with respect to those subjects over which it has legislative competence.

Conversely, the Union shall have exclusive executive power over the matters with respect to

Page 2 of 6

European Journal of Business &

Social Sciences

Available at https://ejbss.org/

ISSN: 2235-767X

Volume 07 Issue 03

March 2019

Available online: https://ejbss.org/ P a g e | 95

which Parliament has exclusive power to make laws and the exercise of its power conferred by

any treaty or agreement. On the other hand, a state shall have exclusive executive power over

matters included in State List. As regards matters included in the Concurrent Legislative List the

executive function shall ordinarily remain with the states, but the Union may, take up the

administration of Union laws relating to concurrent subjects while the executive power relating

to subject will remain with the states.

The Constitution of India vests executive functions upon the Union to implement any

treaty or international agreement belong exclusively to the Union, whether the subject

appertains to the union-state or Concurrent List. The Union government has the power to give

directions to the state governments to ensure due compliance of Union laws or existing laws

which apply in that state. There are some of the articles which introduce us with the executive

powers between center and states.

 Article-247 provides that parliament has power to set up additional courts even in peace

time for the better administration of laws made by it (Parliament). Under Article 348, the

Governor can authorize the use of Hindi language or any other language for any official

purpose of the State for proceedings in the High Court located in a State only with the

previous assent of the President.

 Article-257 provides that the executive power of every state shall be so exercised as not

to impede or prejudice the exercise of the executive power of the Union, and the

executive power of the Union shall extend to the giving of such directions to a state as

may appear to the Government of India to be necessary for that purpose. Thus, the Union

government can give directions to the state governments even in areas of State List such

as construction of highways, waterways, means of communications declared to be of

national or military importance. The Union government can also give directions regarding

the measures to be taken for the protection of railways within the boundaries of the state.

In case of dispute about the quantum of the payment, it is decided by the arbitrator

Page 3 of 6

European Journal of Business &

Social Sciences

Available at https://ejbss.org/

ISSN: 2235-767X

Volume 07 Issue 03

March 2019

Available online: https://ejbss.org/ P a g e | 96

appointed by the Chief Justice of India.

 Article-258 provides that Parliament may delegate powers to the state governments and

their officers in so far as the statute is applicable in the respective states. Conversely, a

state government with the consent of the Government of India confers administrative

functions upon the later, relating to state subjects. The Centre can ensure compliance of

these directions and even President’s rule may be imposed upon the state for non- compliance of the Presidential directions.

 Then, there are three all India services common to the Union and the states and their

tenure system not only makes the state administrative services junior but all top positions

in state administration are manned by these all India public servants. The Union

government can create more all India services if the Rajya Sabha passes a resolution by

two-third majority in national interests. The conditions of services of persons appointed

to all India services are prescribed by the Union government but their salaries. Allowances

and pensions are paid from the exchequers of the state governments. Hence the Centre

has a distinct edge over the state.

 Article-260 makes the provision that the Government of India may be agreement with the

government of any territory not being a part of the territory of India, undertake any

executive, legislative or judicial functions vested in the government of such territory, but

every such agreement shall be subject to, and governed by, any law relating to the

exercise of foreign jurisdiction for the time being in force.

 Article-261 provides that full faith and credit shall be given throughout the territory of

India to public acts, records and judicial proceedings of the Union and of every State.

 Article-262 says that the Parliament may be law provide for the adjudication of any

dispute or complaint with respect to the use, distribution and control of the waters or in

an inter-state river valley.