RELATIONS BETWEEN THE UNION AND THE STATES CHAPTER 2 – ADMINSTRATIVE RELATIONS

Bare Act, Constitution of India
March 25, 2024
  1. THE CONSTITUTION OF INDIA
  2. CHAPTER II.—ADMINISTRATIVE RELATIONS
  3. General
  4. 256.Obligation of States and the Union.—The executive power of every
    State shall be so exercised as to ensure compliance with the laws made by
    Parliament and any existing laws which apply in that State, 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.
  5. 257.Control of the Union over States in certain cases.—(1) 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.
    (2) The executive power of the Union shall also extend to the giving of
    directions to a State as to the construction and maintenance of means of
    communication declared in the direction to be of national or military
    importance:
    Provided that nothing in this clause shall be taken as restricting the
    power of Parliament to declare highways or waterways to be national highways
    or national waterways or the power of the Union with respect to the highways
    or waterways so declared or the power of the Union to construct and maintain
    means of communication as part of its functions with respect to naval, military
    and air force works.
    (3) The executive power of the Union shall also extend to the giving of
    directions to a State as to the measures to be taken for the protection of the
    railways within the State.
    (4) Where in carrying out any direction given to a State under clause (2)
    as to the construction or maintenance of any means of communication or under
    clause (3) as to the measures to be taken for the protection of any railway, costs
    have been incurred in excess of those which would have been incurred in the
    discharge of the normal duties of the State if such direction had not been given,
    there shall be paid by the Government of India to the State such sum as may be
    agreed, or, in default of agreement, as may be determined by an arbitrator
    appointed by the Chief Justice of India, in respect of the extra costs so incurred
    by the State.
  6. 257A. [Assistance to States by deployment of armed forces or other
  7. forces of the Union.].—Omitted by the Constitution (Forty-fourth
  8. Amendment) Act, 1978, s. 33 (w.e.f. 20-6-1979).]
  9. 258.Power of the Union to confer powers, etc., on States in certain
    cases.
    —(1) Notwithstanding anything in this Constitution, the President may,
    with the consent of the Government of a State, entrust either conditionally or
    unconditionally to that Government or to its officers functions in relation to any
    matter to which the executive power of the Union extends.
    (2) A law made by Parliament which applies in any State may,
    notwithstanding that it relates to a matter with respect to which the Legislature
    of the State has no power to make laws, confer powers and impose duties, or
    authorise the conferring of powers and the imposition of duties, upon the State
    or officers and authorities thereof.
    (3) Where by virtue of this article powers and duties have been conferred
    or imposed upon a State or officers or authorities thereof, there shall be paid by
    the Government of India to the State such sum as may be agreed, or, in default
    of agreement, as may be determined by an arbitrator appointed by the Chief
    Justice of India, in respect of any extra costs of administration incurred by the
    State in connection with the exercise of those powers and duties.
    258A. Power of the States to entrust functions to the Union.—
    Notwithstanding anything in this Constitution, the Governor of a State may,
    with the consent of the Government of India, entrust either conditionally or
    unconditionally to that Government or to its officers functions in relation to any
    matter to which the executive power of the State extends.]
    259. Armed Forces in States in Part B of the First Schedule.].—
    Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
    (w.e.f. 1-11-1956).
  10. 260.Jurisdiction of the Union in relation to territories outside
    India.
    —The Government of India may by agreement with the Government of
    any territory not being 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.
  11. 261.Public acts, records and judicial proceedings.—(1) 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.
    (2) The manner in which and the conditions under which the acts,
    records and proceedings referred to in clause (1) shall be proved and the effect
    thereof determined shall be as provided by law made by Parliament.
    (3) Final judgments or orders delivered or passed by civil courts in any
    part of the territory of India shall be capable of execution anywhere within that
    territory according to law.
    Disputes relating to Waters
  12. 262.Adjudication of disputes relating to waters of inter-State rivers
    or river valleys
    .—(1) Parliament may by law provide for the adjudication of
    any dispute or complaint with respect to the use, distribution or control of the
    waters of, or in, any inter-State river or river valley.
    (2) Notwithstanding anything in this Constitution, Parliament may by
    law provide that neither the Supreme Court nor any other court shall exercise
    jurisdiction in respect of any such dispute or complaint as is referred to in
    clause (1).
    Co-ordination between States
  13. 263.Provisions with respect to an inter-State Council.—If at any time
    it appears to the President that the public interests would be served by the
    establishment of a Council charged with the duty of—
    (a) inquiring into and advising upon disputes which may have
    arisen between States;
    (b) investigating and discussing subjects in which some or all of
    the States, or the Union and one or more of the States, have a common
    interest; or
    (c) making recommendations upon any such subject and, in
    particular, recommendations for the better co-ordination of policy and
    action with respect to that subject,
    it shall be lawful for the President by order to establish such a Council, and to
    define the nature of the duties to be performed by it and its organisation and
    procedure.