Part XI: Relations Between the Union and the States

Article 258: Power of the Union to Confer Powers on States

Original Article:

(1) Notwithstanding anything in this Constitution, the President may, with the consent of the Government 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.

Explanations:

Article 258 enables the Union Government to delegate its executive functions to State Governments, fostering cooperative federalism. This provision allows for efficient administration by utilizing State-level machinery to implement Union responsibilities.

Clause-by-Clause Explanation:

Clause (1): Delegation of Union Powers

The President, with State Government consent, can delegate Union executive responsibilities to States, ensuring flexibility in governance.

Clause (2): Legislative Powers for Union Subjects

Parliamentary laws can authorize States to handle Union subjects, enabling cooperative management of Union-related issues at the State level.

Clause (3): Financial Compensation

If States incur additional costs due to delegated powers, the Union must compensate them through mutual agreement or arbitration by the Chief Justice of India.

Legislative History:

Article 258, introduced in the Constituent Assembly in October 1949, reflects the intent to enable collaboration between the Union and States in governance and administration.

Real-Life Examples:

• National Disaster Management: The Union delegates specific disaster management responsibilities to States to enable localized responses.
• Vaccination Drives: Union programs, such as nationwide vaccination initiatives, are implemented by leveraging State administrative frameworks.

Debates and Deliberations:

The Constituent Assembly emphasized the importance of flexibility in governance, allowing the Union to rely on State machinery for efficient implementation of national programs.

• Dr. B.R. Ambedkar: Highlighted the need for cooperation between the Union and States to avoid duplication of efforts and ensure administrative efficiency.
• Shri G.V. Mavalankar: Stressed the importance of adequate compensation for States assuming Union responsibilities to maintain fiscal balance.