Article 257 is part of Part XI of the Indian Constitution, which deals with the relations between the Union and the States. This specific article falls under Chapter I (Legislative Relations), which is somewhat a misnomer as Article 257 primarily deals with Executive Relations, although it sets the stage for certain legislative actions or compliance requirements. It is crucial in defining the extent of the Union’s control over the executive power of the States to ensure harmonious functioning and effective governance across the nation.
This article lays down fundamental principles governing the interaction between the executive powers of the Union and the States, establishing the supremacy of the Union’s executive authority in matters where its exercise might be impeded by State action, and granting the Union the power to issue directions in specific critical areas like communications and railways.
Original Text
257. Control of the Union over States in certain cases.
(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:
Provided that nothing in this clause shall be taken as restricting the power of Parliament to declare highways or waterways to be national highways or national waterways or the power of the Union with respect to the highways or waterways so declared or the power of the Union to construct and maintain means of communication as part of its functions with respect to naval, military and air force works.
(3) If any costs are incurred by a State in carrying out any direction given under clause (2), provision shall be made in that behalf by agreement between the Union and such State for the payment by the Union to the State of 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 the extra costs, if any, incurred by the State in carrying out the directions issued under clause (2).
(4) 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.
Detailed Explanation
Article 257 establishes the principle that in the Indian federal system, while States have independent executive power, its exercise cannot obstruct or disadvantage the exercise of the Union’s executive power. It grants the Union the authority to issue directions to States to ensure compliance with this principle and specifies certain key areas where the Union’s power to direct is explicitly extended.
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Clause (1): General Obligation and Power to Direct: This is the foundational clause. It imposes a negative obligation on the States – their executive actions must not hinder or harm the Union’s executive functioning. Conversely, it grants the Union the positive power to issue directions to States whenever it deems necessary to ensure that the State’s executive power does not impede or prejudice the Union’s executive power. This provides the Union with a mechanism to ensure coordination and prevent states from undermining central policies or actions.
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Clause (2): Directions regarding Means of Communication of National or Military Importance: This clause extends the Union’s executive power specifically to directing States on the construction and maintenance of means of communication (like roads, bridges, etc.) that the Union declares to be of national or military importance. This power is crucial for national infrastructure development, connectivity, and defence preparedness.
- The proviso clarifies that this power does not limit Parliament’s ability to declare highways or waterways as national highways/waterways, the Union’s powers over such declared routes, or the Union’s power to construct and maintain communication infrastructure related to its defence forces (naval, military, air force). This ensures that the Union’s inherent powers in these domains are not curtailed by the power to merely direct states.
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Clause (3): Compensation for Costs under Clause (2): Recognizing that directions under Clause (2) might impose additional financial burdens on States, this clause mandates that the Union must provide for the costs incurred by the State in carrying out such directions. The mechanism for determining the payment is either through an agreement between the Union and the State or, failing agreement, through arbitration by an arbitrator appointed by the Chief Justice of India. This provision aims to prevent states from being unfairly burdened by carrying out mandates primarily serving national interests under Clause (2). Note that this compensation provision applies only to directions issued under Clause (2) regarding national/military communications, not to general directions under Clause (1) or directions regarding railways under Clause (4).
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Clause (4): Directions regarding Protection of Railways: This clause further extends the Union’s executive power to issue directions to States concerning the measures to be taken for the protection of railways within their territory. Railways are a vital national asset, and ensuring their safety and security requires coordinated action across states. This power allows the Union to mandate necessary security and protection measures by the State police or other relevant state authorities.
These provisions collectively highlight the operational aspects of Union-State executive relations, emphasizing cooperation, national interest, and the Union’s ultimate authority to ensure that the machinery of government functions effectively across the country, particularly in critical areas like national infrastructure and security.
Detailed Notes
- Article 257 is part of Part XI of the Constitution (Relations between the Union and the States).
- It deals with the executive relations between the Union and the States.
- Clause (1):
- Mandates that State executive power must not impede or prejudice the Union’s executive power.
- Grants the Union executive the power to issue necessary directions to a State for this purpose.
- This ensures national policies and Union functions are not obstructed by states.
- Clause (2):
- Extends Union executive power to direct States on construction and maintenance of means of communication declared by the Union as of national or military importance.
- Examples: National highways, strategic roads or waterways declared important for defence.
- The Proviso clarifies that this power does not affect Parliament’s power to declare national highways/waterways, Union’s power over them, or Union’s power regarding defence-related communication works.
- Clause (3):
- Requires the Union to compensate States for extra costs incurred in carrying out directions issued under Clause (2).
- Compensation is determined by agreement between Union and State.
- In case of disagreement, an arbitrator appointed by the Chief Justice of India determines the amount.
- This compensation applies only to directions under Clause (2).
- Clause (4):
- Extends Union executive power to direct States on measures for the protection of railways within the State.
- This is crucial for the security and safety of this national infrastructure.
- States are required to take necessary steps as directed by the Union for railway protection.
- The directions issued by the Union under Article 257 are generally considered binding on the States.
- Failure of a State to comply with directions given in the exercise of the executive power of the Union under any of the provisions of the Constitution (including Article 257) can invoke the provisions of Article 365, potentially leading to the conclusion that the government of the State cannot be carried on in accordance with the provisions of the Constitution.
Additional Comments
- Article 257 underscores the unitary bias in the Indian federal structure, giving the Union significant oversight and control over certain aspects of State executive functioning.
- The power under Clause (1) is general and enables the Union to ensure that State actions do not frustrate national policies or the execution of Union laws.
- Clauses (2) and (4) specify particular domains (critical communications and railways) where the Union’s need for control and coordination is explicitly recognized due to their national significance.
- The compensation mechanism under Clause (3) for directions under Clause (2) acknowledges that building/maintaining nationally important communications might impose burdens beyond the State’s primary responsibilities, necessitating financial support from the Union.
- Article 365 acts as a significant enforcement mechanism for directions issued under Article 257 and other provisions where the Union executive is empowered to give directions.
The exercise of executive power by the Union and the States must be coordinated and mutually supportive, with the Union having overriding authority in cases of conflict or necessity to ensure national integrity and effective governance.