Question

Consider the following statements regarding Administrative Relations.

(i) The distribution of executive powers between the Centre and states mirrors the distribution of legislative powers, with some exceptions.
(ii) The Centre cannot delegate its legislative powers to a state, even with mutual consent.
(iii) The states have no role in executing laws on Concurrent List subjects unless explicitly authorized by the Centre.

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

Answer 1

Answer:

A. Only (i) and (ii)

Administrative Relations between Centre and States

• The Indian Constitution outlines the distribution of powers between the Centre and states not only in legislative matters but also in administrative and financial spheres. This ensures a cooperative federal structure.

I. Distribution of Executive Powers (Statement i)

• Principle of Co-extensiveness: The distribution of executive power between the Centre and states largely mirrors the distribution of legislative power.
• The Union's executive power extends to matters on which the Parliament has exclusive power to make laws (Union List). Similarly, a state's executive power extends to matters on which its legislature has exclusive power to make laws (State List).
• Concurrent List Exception: For subjects in the Concurrent List, the executive power generally rests with the states. However, Parliament can, by law, specifically direct that the executive power for a Concurrent List subject shall be exercised by the Centre. This is a crucial exception to the mirroring principle.
• Article 73 specifies the extent of the executive power of the Union.
• Article 162 specifies the extent of the executive power of states.

II. Delegation of Legislative Powers (Statement ii)

• No Delegation of Legislative Power: The Constitution does not permit the delegation of core legislative powers from the Centre to states or vice-versa. Legislative power, being a sovereign function, cannot be transferred.
• What *can* be delegated or entrusted are executive functions.
• Articles 258 and 258A:
• Article 258 allows the President, with the consent of the state government, to entrust to the state government or its officers functions in relation to any matter to which the executive power of the Union extends. Parliament can also confer powers and impose duties upon a state or its officers in relation to matters within the Union's executive power, even without the state's consent.
• Article 258A (inserted by the 7th Amendment Act, 1956) allows the Governor of a state, with the consent of the Central government, to entrust to the Central government or its officers functions in relation to any matter to which the executive power of the state extends.
• This highlights that mutual entrustment is for executive functions, not for legislative powers.

III. Execution of Concurrent List Laws (Statement iii)

• State's Primary Role: For subjects listed in the Concurrent List, the general rule is that the laws enacted by Parliament are executed by the states.
• States possess executive power over Concurrent List subjects, even if Parliament has legislated on them.
• Parliamentary Override: Parliament can, however, explicitly provide in its law that the execution of a particular law on a Concurrent List subject will be carried out by the Union government or its agencies. In such cases, the Centre assumes the executive responsibility.
• Article 256: Enjoins every state to exercise its executive power in such a way as to ensure compliance with the laws made by Parliament and any existing laws applicable in the state.
• Article 257: States 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. The Centre can issue directions to states in this regard.