Article 258 of Indian Constitution: Union Authority to Delegate Powers to States

Article 258 of Indian Constitution lets the Union give its executive powers to States under certain conditions. The President and the State Governor can agree to let State governments or their officers manage functions under the Union's executive power. Additionally, Parliament can enact laws conferring powers or imposing duties on States, even in areas outside their legislative authority. If delegation costs more to manage, the Union pays the State. This happens by mutual agreement or arbitration. This rule promotes cooperative federalism. It helps the Union and State governments work together efficiently. Explore other Articles in depth in Constitutional Articles.

Article 258 of Indian Constitution

 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 Governor 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.

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Note: "The information is referred from the official website of the Indian Code and is for reference only. Original laws and orders remain untouched.

Download Key takeaways on Article 258 of Indian Constitution Free PDF

Article 258 of Indian Constitution lets the Union government give its executive powers to State governments or their officials. The following is a simplified interpretation of Article 258 of Constitution:

1. Delegation of Functions: The President can give Union executive duties to State governments if the State Governor agrees. This delegation can be conditional or unconditional.
2. Parliamentary Authority: Parliament can make laws that let State governments manage issues usually controlled by the Union. This can happen even if the State Legislature can't create laws on those topics.
3. Financial Compensation: The Union Government will pay the state extra administrative costs from delegated duties. The amount is decided through mutual agreement or arbitration by the Chief Justice of India.

Article 258 of Indian Constitution shows cooperative federalism. It uses State-level systems to handle Union duties which helps with efficient governance.

Article 258 of Indian Constitution Significance

Article 258 of Indian Constitution is significant for several reasons. Firstly, it allows the Union government to share its powers with State governments which helps in improving teamwork and makes governance more efficient. The Union Government shares its powers with the State in the following ways:

• Flexibility in Administration: The Union can transfer its functions to States. This allows for better management of national affairs, especially in areas that need local execution.
• Efficient Resource Use: States can use their systems to handle Union tasks. This cuts down on duplicate work and gets the most out of resources.
• Financial Accountability: Article 258 of Indian Constitution also aids in paying States for added administrative costs and ensures the delegation process is fair and accountable.
• Boosts Governance: It shows how the Constitution balances central power with State independence, improving governance overall.

The following landmark judgements illustrate the practical application and interpretation of Article 258 of Indian Constitution in promoting cooperative federalism. The cases are:

• Jayantilal Amritlal Shodhan v. F.N. Rana (1963)

The Supreme Court confirmed that the President's notification under Article 258 is valid. The decision in this case shows that it was a legal delegation of executive power and will which allowed the Gujarat Commissioner to continue land acquisitions.

•  H. Anraj v. State of Maharashtra (1984)

The Supreme Court said the Maharashtra government's ban on selling lottery tickets from other states was unconstitutional. The Court confirmed that only Parliament has exclusive power over lotteries. This is based on Article 258 of Indian Constitution which stops states from making unauthorized bans. The Government's ban was ruled invalid, so they ordered an end to the enforcement of those restrictions.

• Samsher Singh v. State of Punjab (1974): 

The case of Samsher Singh vs State of Punjab and Article 258 of Indian Constitution are connected through a broader theme of delegation of executive powers especially regarding how the President and Governor exercise executive power.

The Supreme Court held that the Governor has power to appoint and remove members of subordinate judicial services. The decision focused on collecting important ministerial responsibility in the constitution as well as having the power to perform duties with the Council of Ministers. The Court stated that firing someone for misconduct without due process counts as punishment under Article 311 of the Constitution, furthermore Judicial courts must follow the legal safeguards.

Conclusion

Article 258 of Indian Constitution highlights cooperative federalism. It allows the Union government to share its executive powers with State governments. This Article focuses on better administration. The flexibility helps governance adapt, makes better use of resources, and strengthens ties between the Union and States. By providing financial compensation for additional administrative costs, it maintains fairness and accountability in the delegation process. Article 258 shows how the Indian Constitution balances central power with State independence. This balance helps promote teamwork and good governance.