Part XI: Relations Between the Union and the States

Article 256: Obligation of States and the Union

Original Article:

The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.

Explanations:

Article 256 defines the relationship between the Union and the States, focusing on the obligation of States to implement Parliamentary laws. It emphasizes cooperative federalism and ensures uniform application of laws across India.

Clause-by-Clause Explanation:

Clause (1): Obligation of States

States must ensure compliance with laws made by Parliament, enforcing them actively within their territories. This reflects the cooperative aspect of Indian federalism.

Clause (2): Union's Directive Power

The Union can issue directions to States to enforce compliance with Parliamentary laws, providing oversight and corrective measures if needed.

Legislative History:

Article 256, proposed as Article 233 in the Draft Constitution, was adopted on June 13, 1949. It reflects the intent to ensure adherence to central laws uniformly across States.

Real-Life Examples:

Example 1: During the implementation of GST, the Union coordinated with States to ensure uniform enforcement of tax reforms under Article 256.

Example 2: The Union's guidance to States for enforcing the Right to Education Act is another instance of Article 256 in action.

Debates and Deliberations:

Article 256 was adopted without amendments in the Constituent Assembly, reflecting consensus on its importance for ensuring uniform application of laws.