Constitutional Law

Administrative Relations between Union and States

Learn how executive power, Union directions, delegated functions, All India Services and coordination shape administrative federalism in India.

By Advocate Aditya Sharma8 min read

Quick answer

Administrative federalism combines separate executive spheres with constitutional duties of coordination, Union directions and shared institutions.

How executive power is divided

The starting point is that executive authority generally follows the corresponding legislative field.

Union and State executive power

Article 73 states the broad reach of Union executive power and Article 162 performs the corresponding function for States. Both remain subject to the Constitution and valid legislation.

State duty under Article 256

A State must ensure compliance with parliamentary laws and existing laws applicable in that State. The Union may issue directions necessary for that constitutional purpose.

Protection of Union functions

Article 257 prevents State executive action from impeding Union executive power and permits specified directions, including in relation to communications and railway protection.

Entrustment of functions

Articles 258 and 258A permit functions to be entrusted across levels with the required consent, allowing administration to be shared without rewriting legislative competence.

Coordination without erasing federalism

The Constitution supplies both collaborative institutions and stronger compliance mechanisms.

Inter-State Council

Article 263 allows a council to inquire into inter-State disputes, discuss common interests and recommend better coordination. Its role is consultative rather than legislative.

Inter-State water disputes

Article 262 allows Parliament to create a special mechanism for disputes concerning inter-State rivers and to restrict ordinary court jurisdiction as the parliamentary law provides.

All India Services

Article 312 permits creation of shared services after the required Rajya Sabha resolution. Their structure supports administrative continuity across Union and State governments.

Article 365 is not automatic

Failure to comply with a valid Union direction may permit the President to consider whether constitutional government can continue, but it does not mechanically or conclusively establish an Article 356 case.

Landmark cases

Learn the facts, the rule and why the case matters. The citation alone will not strengthen an answer.

State of Rajasthan v. Union of India

(1977) 3 SCC 592

Facts: After a national electoral change, Union communications called upon several State governments to seek fresh mandates, and the States challenged the threatened constitutional action.

Legal question: Could a political dispute between Union and State governments place the exercise of constitutional power entirely outside judicial review?

Held: Federal disputes remain governed by constitutional text, and high constitutional powers are not converted into unlimited political discretion merely because they involve Union-State relations.

Reasoning: The Court treated the controversy within the constitutional distribution of power and recognised limited review where a high constitutional power rests on mala fide or wholly extraneous grounds.

Use in an answer: Use it to frame judicial review and constitutional limits in a Union-State confrontation.

Government of NCT of Delhi v. Union of India

(2018) 8 SCC 501

Facts: Disputes arose over the working relationship between Delhi’s elected government and the Lieutenant Governor under the special constitutional arrangement for the capital.

Legal question: How should representative government and the constitutional role of the Lieutenant Governor be reconciled?

Held: Collaborative federalism, constitutional morality and respect for representative government guide the working relationship between institutions.

Reasoning: Constitutional morality and collaborative federalism require each institution to respect its assigned role. Difference of opinion is not a licence for routine obstruction of elected government.

Use in an answer: Use it to explain that federal administration requires coordination, not routine obstruction.

Read the judgment

How to write this answer in an exam

  1. Begin with Articles 73 and 162 and the link between legislative and executive power.
  2. Explain State compliance under Article 256.
  3. Discuss Union protection and directions under Article 257.
  4. Add entrustment, councils, water disputes and All India Services.
  5. Conclude with cooperative federalism and the constitutional limits on coercive power.

Quick revision

  • Executive power generally follows legislative power.
  • Articles 256 and 257 support specified Union directions.
  • Functions may be entrusted across governments.
  • Article 263 supports coordination.
  • Article 312 provides for All India Services.

Test yourself

  1. What duty does Article 256 place on States?
  2. How is entrustment different from transfer of legislative power?
  3. Does every failure to follow a direction trigger Article 356?

Frequently asked questions

Is the Inter-State Council a court?

No. It is a constitutional coordination forum that may inquire, discuss and recommend. Article 262 separately supports statutory adjudication of inter-State water disputes.

Can Union functions be administered by a State?

Yes. Article 258 permits Union functions to be entrusted to a State Government with its consent and on agreed conditions.

Sources and further reading