Like the Legislative Powers the administrative powers are also divided between the centre and the states. Administrative relations between the Union and the states largely follow the pattern laid down by the government of India Act-1935. As given in part XI of the constitution of India the provision of the Union-state administrative relations are as follows:
-
Art-162 – provides that the executive power of the Union extends to all matters on which Parliament can make laws. On the other hand the states have exclusive executive powers over matters included in state list. In matters included in the concurrent list the executive function ordinary remains with the states.
-
Art 256 says that the executive power of every state shall be so exercised as to ensure compliance with the laws made by the Parliament.
-
It is the function of the State Executive to see that it does not become hindrance in the way of the Central Executive. For this purpose also the central government is empowered to issue directions to State Executive.
-
The Central government may also direct the State Government to construct and maintain the means of communication of national and military importance. The Central Govt. may direct the state government to project the railways lines and trains passing through the states.
-
The State Executive is to see that the laws made by the Parliament and the other laws prevalent in the states are very well executed. The central government is authorized to give directions on the State Governments for its purpose.
-
The President of India appoints the state Governors on the advice of the council of ministers at the centre. He has the power to remove them as well. That is why the Governors normally work as representatives of the central govt. in the states. They submit reports to the centre about the conditions of the state off and on.
-
The federal government can enquire into the charges leveled against the Chief Ministers and may persuade them to vacate the office when the charges are proved.
-
The President can depute any of the state employees to work in accordance with the wishes of the Union Government. Of course the Central Government pays to the State government for the extra expenditure made in carrying out the orders.
-
The Parliament can make rules regarding the dispute between the two states with regard to the use of water and boundaries.
-
The President conforms in inter-states council to advise the states in disputes.
-
All the big offices of the states are manned by the members of the All India services. These officers are governed by the rules, and regulations of the Union Government.
-
The Union government can hold a conference of the representatives of State Governments to discuss the common problems of the states. The Union Government can able the State Government to carry out the decisions taken as such conferences.
-
If the Parliament makes laws declaring high waterways to be national highways or national waterways then the Union Government may undertake their construction and maintenance.
-
In Indian federal administration trade, commerce and intercourse is free throughout the country. The Parliament has a power to restrict such intercourse for public interest. The states have no such freedom.
-
In administrative sphere the Union government is powerful. Though Governor is constitutional head yet he is the representative of the centre and many times centre intervenes in the state affairs through Governor. The Union government is able to penetrate quite deep into the administrative affairs of the states through All India Services.