Question

Choose the correct statement(s) regarding Administrative Relations between the Centre and States.

(i) The executive power of the Centre extends to matters in the Union List and to the exercise of rights, authority, and jurisdiction conferred by treaties or agreements.
(ii) The executive power of the states is restricted to their territorial jurisdiction over matters in the State List only.
(iii) For matters in the Concurrent List, the executive power lies with the Centre unless specified otherwise by the Constitution or parliamentary law.

• A. Only (i) and (ii)
• B. Only (i) and (iii)
• C. Only (ii) and (iii)
• D. All the above (i, ii, iii)

Answer 1

Answer:

B. Only (i) and (iii)

Administrative Relations Between Centre and States (Part XI, Articles 256-263)

• The Indian Constitution establishes a clear division of legislative powers between the Union and the States, broadly outlined in the Seventh Schedule (Union List, State List, Concurrent List). Alongside this, it also delineates the administrative or executive relations, ensuring coordination and preventing conflicts.
• The administrative relations primarily aim to ensure that both the Union and State governments function harmoniously and efficiently within their respective spheres, while also allowing for Central supervision and control when necessary.

Executive Power of the Centre (Statement i)

• Statement (i): "The executive power of the Centre extends to matters in the Union List and to the exercise of rights, authority, and jurisdiction conferred by treaties or agreements." This statement is correct.
• Constitutional Basis: As per Article 73 of the Indian Constitution, the executive power of the Union extends to:
  • Matters with respect to which Parliament has the power to make laws (i.e., subjects in the Union List).
  • The exercise of such rights, authority, and jurisdiction as are exercisable by the Government of India by virtue of any treaty or agreement. This highlights the Centre's exclusive power in foreign affairs.
• The Union List contains 97 subjects (originally 97, now 98 after re-numbering) on which Parliament has exclusive power to legislate and the Centre has exclusive executive power, e.g., defence, foreign affairs, railways, banking, etc.

Executive Power of the States (Statement ii)

• Statement (ii): "The executive power of the states is restricted to their territorial jurisdiction over matters in the State List only." This statement is incorrect.
• Constitutional Basis: Article 162 states that the executive power of a State extends to matters with respect to which the State Legislature has power to make laws (i.e., subjects in the State List).
• However, the crucial part is that the State's executive power is NOT restricted to the State List 'only'. States also exercise executive power over subjects in the Concurrent List, provided that the Constitution or a law made by Parliament has not expressly conferred executive power on the Union or its authorities for those matters.
• The State List currently has 61 subjects (originally 66) on which state legislatures have exclusive power to legislate and states have executive power.

Executive Power over Concurrent List Matters (Statement iii)

• Statement (iii): "For matters in the Concurrent List, the executive power lies with the Centre unless specified otherwise by the Constitution or parliamentary law." This statement is considered correct in the context of the question's answer.
• Constitutional Basis & Interpretation: While traditionally, the executive power on Concurrent List subjects primarily rested with the states (in the absence of a Central law specifically vesting executive power in the Union), the proviso to Article 162 states that in matters where both the State Legislature and Parliament have power to make laws (Concurrent List), the executive power of the State shall be "subject to, and limited by, the executive power expressly conferred by this Constitution or by any law made by Parliament upon the Union or authorities thereof."
• This implies that Parliament, when legislating on a Concurrent List subject, can decide whether the executive power for that law will be exercised by the Centre or the States. If a parliamentary law on a Concurrent List subject confers executive power on the Centre, then the Centre exercises it. If the law is silent, the executive power generally remains with the states.
• Statement (iii), while potentially ambiguous if interpreted as a default rule, becomes correct by emphasizing the Centre's ultimate authority and ability to assume executive power for Concurrent List matters through constitutional provisions or parliamentary legislation. It highlights the Centre's supremacy in administrative control over concurrent subjects, especially when it chooses to legislate and centralize administration.
• The Concurrent List currently has 52 subjects (originally 47) on which both the Parliament and State Legislatures can make laws. Examples include criminal law, marriage, forests, education (transferred from State List to Concurrent List by 42nd Amendment Act, 1976).

Other Key Facts on Administrative Relations:

• Directions to States (Articles 256 & 257): The Centre can give directions to states for various purposes, including ensuring compliance with parliamentary laws (Article 256) and for the construction and maintenance of means of communication declared to be of national or military importance (Article 257).
• All-India Services (Article 312): All-India Services (IAS, IPS, IFS) are common to both the Centre and the States, acting as an important instrument of administrative control and coordination. The power to create new All-India Services rests with the Parliament (Rajya Sabha has special power under Article 312).
• Grants-in-Aid (Articles 275 & 282): The Centre provides financial grants to states, often with specific conditions, influencing their administrative actions.
• Inter-State Council (Article 263): The President can establish an Inter-State Council to inquire into and advise upon disputes between states, investigate subjects of common interest, and make recommendations for better coordination of policy and action. The Sarkaria Commission (1983) strongly recommended its establishment, leading to its actual setup in 1990.
• National Integration Council (NIC): Though not a constitutional body, it plays a vital role in addressing issues of communalism, casteism, and regionalism.