Part XI: Relations Between the Union and the States

Article 257: Control of the Union over States in Certain Cases

Original Article:

(1) 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, 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.

(2) The executive power of the Union shall also extend to the giving of directions to a State as to the construction and maintenance of means of communication declared in the direction to be of national or military importance.

(3) The executive power of the Union shall also extend to the giving of directions to a State as to the measures to be taken for the protection of the railways within the State.

(4) Where in carrying out any direction given to a State under clause (2) or clause (3), costs have been incurred in excess of those which would have been incurred in the discharge of the normal duties of the State, the Union shall compensate the State as determined by an arbitrator appointed by the Chief Justice of India.

Explanations:

Article 257 allows the Union to direct States in matters critical to national interest, such as defense, infrastructure, and railways. It ensures that State actions align with the broader goals of national security and administrative cohesion.

Clause-by-Clause Explanation:

Clause (1): Preventing Impediments to Union Functions

States must ensure their actions do not hinder the Union's functions. The Union can issue directives to maintain alignment with national policies.

Clause (2): Strategic Communication Infrastructure

The Union may direct States to construct and maintain infrastructure deemed important for national or military purposes, such as highways or ports.

Clause (3): Railway Protection

The Union has authority to ensure the safety and protection of railways, crucial for transportation and national security.

Clause (4): Compensation Mechanism

If States incur additional expenses while carrying out Union directives, they are entitled to fair compensation determined through arbitration if necessary.

Legislative History:

Article 257 was introduced in the Constituent Assembly in June 1949. It emphasized the need for cooperative federalism, allowing the Union to intervene in administrative matters of national importance while ensuring States are compensated fairly for additional responsibilities.

Real-Life Examples:

• Golden Quadrilateral Project: The Union directed States to construct this highway network crucial for economic and defense purposes.
• Railway Security Directives: Following increased threats, the Union issued directives to States for enhanced security measures, ensuring passenger and asset safety.

Debates and Deliberations:

The Constituent Assembly extensively debated the balance between State autonomy and Union directives under Article 257.

• Dr. B.R. Ambedkar: Advocated for Union oversight to ensure national uniformity in matters of strategic importance.
• Dr. P.S. Deshmukh: Questioned the potential overreach of Union powers, advocating for clear compensation mechanisms to avoid State financial burdens.
• Shri K. Santhanam: Supported Union intervention in railway security and communication infrastructure to prevent inefficiencies in governance.

Through deliberations, provisions for arbitration and compensation were added to address concerns of State representatives, ensuring fairness in implementing Union directives.