Administrative Relations Between Centre and State in India

By Shivank Goel|Updated : September 27th, 2022

The Administrative Relations Between Centre and State government come under Articles 256 to 263 in Part XI of the Indian Constitution. The President of India can constitute an Inter-State Council (under Article 263) to examine and evaluate subjects of mutual interest between the Centre and the states.

The President might establish an Inter-State Council to investigate and discuss matters of common interest in administrative Relations between Centre and state under Article 263. This Inter-State Council was formed in 1990.

Table of Content

Administrative Relations Between Centre and State

The Centre's public actions, documents, and judicial proceedings and each state are to be given complete faith and credit throughout the nation. The Parliament has the power to select a competent authority to carry out the constitutional provisions governing interstate trade, commerce, and intercourse.

Administrative Relations Between Centre and State PDF

The Parliament can rule on any disagreement or complaint about water usage, distribution, or management in any interstate river or river valley.

Administrative Relations Between Centre and State - Allocation of Executive Powers

The Centre's Executive Authority encompasses the whole country. A state's executive power extends to areas where the state legislature has ultimate legislative authority.

Unless a constitutional or parliamentary act vests explicitly executive power in the Centre, the executive power belongs to the states where both the Parliament and the state legislatures have legislative jurisdiction.

Administrative Relations Between Centre and State - Center's Control Over State Legislation

  • The state's edifice and operation of communications networks
  • Provision of appropriate facilities for students from linguistic minority groups in the state to receive primary school education in their native language.
  • Specific programs for the welfare of the state's Scheduled Tribes are being developed and implemented.
  • The coercive sanction underpinning the Central Directions under Article 365 also applies in specific circumstances.

Concerns Regarding Administrative Relations Between Centre and State

  • The central government and the states have unequal and unbalanced legislative authority.
  • As a result, the Centre is unable to delegate legislative authority to the states, and a single state is unable to request that.
  • Parliament approves legislation on a state matter.
  • In general, executive authority is apportioned similarly to legislative power.
  • However, with such a clear division in the executive branch, there may be some disputes between the two.
  • As a result, to decrease rigidity and avoid deadlock, the Constitution allows for interstate delegation of administrative tasks.

The Indian Constitution's architects included extensive provisions in the Constitution regarding Administrative Relations Between Centre and State to avoid disputes between the two.

Legislative and Administrative Relations Between Centre and State

Listed are the administrative and legislative relations between the Centre and the state.

Article

Responsibility

Article 261

Deals with public actions, documents, and judicial proceedings.

Article 261(1)

Full faith and recognition must be given to all the journals, public acts, and judicial proceedings of the Union and every State.

Article 261(2)

The manner and conditions under which the previous actions, descriptions, and proceedings are to be proved, shall be provided by such law as made by the Parliament.

Article 261(3)

The final conclusions enacted by the civil courts are capable of implementation anywhere within that region.

Administrative Relations Between Centre and State - Previous Cases

Listed are some previous legal cases or decisions depicting administrative relations between the centre and state.

Case

Observations

State of Rajasthan vs. Union of India (1977)

The Apex Court held that the allocation of advice to the State government is justified if the Union Government is of the opinion that the executive power of the State is exercised may be in violation to the enforcement of Central Laws.

State of Karnataka vs. Union of India (1977)

Centre can allocate suggestions to a State under Article 256 as a legal entity.

Rameshwar Oraon vs. State of Bihar and Ors. (1995)

It is compulsory for the State Government to act according to the rules given by the Central Government.

Swaraj Abhiyan vs. Union of India (2017)

The Apex Court marked awareness to this provision, calling it a 'forgotten provision'.

Provisions About an Inter-State Council

It is legal for the President to designate an inter-state council if they believe it would serve the interests of the public and comes under Article 263 of the Constitution of India.

The President can describe the type of duties the Council has to perform, its organizational structure, and the methodologies that must be followed.

The President can authorize the Council with the subsequent tasks:

  • To study issues in which some States, or the Union and one or more of the States show a shared interest;
  • To ask and advise upon conflicts which may have emerged between States;
  • To make suggestions upon any matter and advice for enhanced coordination of guidelines and steps concerning that issue.
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FAQs on Administrative Relationship Between Centre and State in India

  • The President of India can constitute an Inter-State Council (under Article 263) to examine and evaluate subjects of mutual interest between the Centre and the states.

  • The Administrative Relations Between Centre and States are addressed in Articles 256 to 263 of Part XI of the Constitution.

  • The President can constitute an Inter-State Council to examine and evaluate topics of mutual interest between the Centre and the states.

  • Under Article 263, the President can constitute an Inter-State Council to examine the Administrative Relations Between Centre and State.

  • The Inter-State Council, which deals with Administrative Relations Between Centre and State, was established in 1990.

  • In Centre-state financial relations, Finance Commission plays an important role. According to the Constitution, the President is authorized to set up a Finance Commission every five years to make proposals.

  • Administrative power is the authority to administer or enforce a law. These powers can be legislative, executive, or judicial.

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