Article 256 is a foundational provision within the scheme of Union-State administrative relations in the Indian Constitution. It establishes a fundamental obligation on the States regarding the exercise of their executive power and simultaneously vests the Union with the authority to issue necessary directions to the States to ensure compliance with laws.
This article underscores the unitary bias inherent in the Indian federal structure, providing a mechanism for the Union government to ensure that its legislative mandates and existing laws are effectively implemented across all States, thereby promoting uniformity in administration concerning Central subjects.
Original Text
**256. Obligation of States and Union.—**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.
Detailed Explanation
Article 256 deals with the administrative relationship between the Union and the States. It is located in Part XI, Chapter II of the Constitution, which pertains to Administrative Relations. The article comprises two main aspects:
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Obligation of the States: The first part of the article imposes a clear obligation on every State. It mandates that the executive power of a State must be exercised in such a way as to ensure compliance with two categories of laws:
- Laws made by Parliament: This refers to laws enacted by the central legislature on subjects listed in the Union List (List I) and the Concurrent List (List III) of the Seventh Schedule. Since the Union has legislative competence over these subjects, the States are obligated to implement them through their executive machinery.
- Any existing laws which apply in that State: This refers to laws that were in force before the commencement of the Constitution or laws made by the State legislature on subjects in the State List (List II) or Concurrent List, but which are also subject to the overall constitutional framework, including Union laws on the Concurrent List where there is a potential conflict (as per Article 254). The executive power must be used to uphold and enforce these laws as well.
The phrase “so exercised as to ensure compliance” means that the State executive cannot ignore, violate, or obstruct the implementation of these laws. It implies a positive duty to take all necessary administrative steps for their effective enforcement within the State’s territory.
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Power of the Union to give directions: The second part of the article grants the Union government (specifically, the executive power of the Union) the authority to issue directions to a State. These directions can be given whenever they “appear to the Government of India to be necessary for that purpose,” i.e., for the purpose of ensuring compliance by the State executive with the laws mentioned in the first part.
- This provision gives the Union a powerful tool to ensure that its laws are not just on paper but are actually put into practice by the State administrations.
- The necessity of such directions is subjective, as it “appears to the Government of India.” This gives the Union significant discretion in deciding when and what kind of directions to issue under this article.
- The directions can cover any matter related to the implementation of Parliamentary laws or existing laws. This could include instructions on setting up administrative machinery, allocating resources, adopting specific procedures, or taking particular actions to enforce the laws.
Article 256 is crucial for the smooth functioning of a federal system where both the Union and States operate within their spheres, but the Union’s legislative authority, particularly on the Concurrent List, needs to be uniformly enforced. It establishes the principle of Union supremacy in administrative matters related to its laws and provides a mechanism for administrative coordination and control.
Detailed Notes
- Article 256 is part of Part XI (Relations between the Union and the States), Chapter II (Administrative Relations).
- It deals with the administrative obligations of the States and the administrative control of the Union.
- Imposes an obligation on the executive power of every State.
- The State executive must ensure compliance with:
- Laws made by Parliament.
- Any existing laws applicable in that State.
- “Existing laws” include pre-Constitution laws and State laws, but the primary focus in relation to Union directions is on enforcing Union legislation or ensuring State laws don’t impede Union policy on Concurrent subjects.
- “Compliance” means actively implementing and enforcing these laws.
- Grants the executive power of the Union the authority to issue directions to a State.
- These directions must be aimed at ensuring the State’s compliance with the aforementioned laws.
- The necessity of such directions is determined by the Government of India’s subjective assessment.
- This article serves as a key mechanism for the Union’s administrative control over States.
- It facilitates the uniform enforcement of Union laws across different States.
- It reflects the centralizing tendency in the Indian federal structure.
- Failure of a State to comply with directions given under Article 256 can have significant consequences under Article 365.
- Article 365 states that where a State fails to comply with or give effect to any directions given in the exercise of the executive power of the Union under any provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution.
- This links the failure to comply with Article 256 directions potentially to the imposition of President’s Rule under Article 356.
- Article 256 ensures that States act as agents of the Union in implementing Central laws within their territories.
- It is a critical provision for maintaining administrative harmony between the Union and States.
- It highlights the supremacy of Union laws not just legislatively but also administratively.
Additional Comments
- Article 256 is a cornerstone of the administrative relations between the Union and the States, ensuring the operational unity of the country despite its federal structure.
- While intended for ensuring effective governance and law enforcement, the Union’s power to issue directions can be a potential source of tension if perceived as excessive interference in State autonomy.
- The link between Article 256 directions and Article 365/356 adds significant weight to these directions, making non-compliance a constitutionally precarious position for a State government.
- The subjective nature of the “necessity” for issuing directions (“as may appear to the Government of India to be necessary”) provides the Union with broad discretion, which has been a subject of debate regarding the balance of power in the federation.
- Directions under Article 256 are typically executive in nature and pertain to the implementation of laws, rather than legislative matters or policy formation specific to the State List.
- This article, along with others in Chapter II of Part XI, underscores the cooperative aspect of Indian federalism, where States are expected to cooperate with the Union, albeit under a framework that grants the Union considerable authority in ensuring compliance with its laws.
Summary
Article 256 of the Indian Constitution mandates that States must exercise their executive power to ensure compliance with laws made by Parliament and all applicable existing laws. Concurrently, it empowers the Union executive to issue necessary directions to States to achieve this compliance. This article forms a vital part of the administrative relations between the Union and States, facilitating the uniform implementation of central legislation across the country. It underscores the Union’s supervisory role over State administrations in matters related to the enforcement of its laws and highlights the integrated nature of the Indian administrative system within its federal framework. Failure to adhere to directions issued under this article can potentially lead to the application of Article 365, impacting the constitutional position of the State government.