Question

Which of the following statements are correct regarding Administrative Relations?

(i) The Centre’s executive power extends to the entire territory of India for matters in the Union List.
(ii) The states have exclusive executive power over all matters in the Concurrent List unless specified otherwise.
(iii) The Centre can issue directions to states for the welfare of Scheduled Tribes.

• A. Only (i) and (ii)
• B. Only (ii) and (iii)
• C. Only (i) and (iii)
• D. All are correct (i, ii, iii)

Answer 1

Answer:

C. Only (i) and (iii)

Administrative Relations between Centre and States

• The Indian Constitution, in Part XI (Articles 256 to 263), outlines the administrative relations between the Union and the States. These provisions aim to ensure smooth functioning, cooperation, and coordination in the administration of laws across the country.
• The distribution of legislative powers, delineated into the Union List, State List, and Concurrent List, profoundly influences the division of administrative responsibilities.

Regarding Executive Power and Lists

• Statement (i) explained:
  • The executive power of the Union is generally co-extensive with its legislative power. This implies that for subjects listed in the Union List (e.g., defence, foreign affairs, railways, banking, atomic energy), where Parliament has exclusive power to make laws, the Centre's executive authority extends across the entire territory of India to implement these laws.
  • This principle is enshrined in Article 73(1)(a) of the Indian Constitution.
• Statement (ii) explained:
  • The assertion that states have exclusive executive power over all matters in the Concurrent List unless specified otherwise is incorrect.
  • For subjects enumerated in the Concurrent List (e.g., criminal law, civil procedure, forests, education, population control), both the Parliament and State Legislatures are competent to enact laws.
  • However, the executive power over these Concurrent List subjects typically resides with the states, unless the Constitution itself or a law enacted by Parliament explicitly confers this executive power on the Centre.
  • Article 73(1)(b) clarifies that the Union's executive power does not extend to matters in the Concurrent List in any State, unless the Constitution or any law made by Parliament expressly provides that it shall. This means that while states generally administer Concurrent subjects, it is not an 'exclusive' power, as the Centre can also be granted executive authority through legislation.

Centre's Power to Issue Directions to States

• Statement (iii) explained:
  • The Constitution grants the Centre significant powers to issue directions to states to ensure effective governance, maintain national unity, and uphold constitutional provisions.
  • A crucial area where the Centre can issue such directions is concerning the welfare of Scheduled Tribes (STs).
  • Article 339(2) of the Constitution specifically empowers the Union to give directions to a State regarding the formulation and execution of schemes deemed essential for the welfare of the Scheduled Tribes within that State. This underscores the Centre's paramount responsibility for the upliftment and protection of vulnerable tribal communities.
  • Other instances where the Centre can issue directions include:
    • Article 256: States must exercise their executive power in a manner that ensures compliance with parliamentary laws and existing laws, and does not impede the Union's executive power.
    • Article 257: States must not obstruct the executive power of the Union. Directions can be given for the construction and maintenance of means of communication declared to be of national or military importance, and for the protection of railways within the State.
    • Article 360 (Financial Emergency): During a financial emergency, the Union can direct states to observe specified canons of financial propriety.
  • Failure by a state to comply with any legitimate direction given by the Union can lead to severe consequences, including the imposition of President's Rule (Article 356), as stipulated by Article 365.