Chapter
2 - ADMINISTRATIVE RELATIONS
Article
256 to 261 - General
No Act of Parliament or of the Legislature of a State 1[***]
and no provision in any such Act, shall be invalid by reason only that some
recommendation or previous sanction required by this Constitution was not
given, if assent to that Act was given-
(a) where the recommendation required was that of the
Governor, either by the Governor or by the President;
(b) where the recommendation required was that of the
Rajpramukh, either by the Rajpramukh or by the President;
(c) where the recommendation or previous sanction required
was that of the President, by the President.
1. The words and letters "specified in Part A or
Part B of the First Schedule" omitted by the Constitution (Seventh
Amendment) Act, 1956, section 29 and Schedule.
Article 256 - Obligation of States and the
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.
Article 257 - Control of the
(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 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) 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) as to the construction or maintenance of any means of
communication or under clause (3) as to the measures to be taken for the
protection of any railway, costs have been incurred in excess of those which
would have been incurred in the discharge of the normal duties of the State if
such direction had not been given, 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 the extra costs so incurred by the State.
Article
257A - Assistance to States by deployment of armed forces or other forces of
the Union [Repealed]
1 [257A. Assistance to States by deployment of armed forces or other forces
of the Union
[Rep. by the Constitution (Forty-fourth Amendment) Act,
1978, section 33 (w.e.f. 20-6-1979).]]
1. Inserted by the Constitution
(Forty-second Amendment ) Act, 1976, section 43 (w.e.f. 3-1-1977).
Article 258 - Power of the
(1) Notwithstanding
anything in this Constitution, the President may, with the consent of the
Governor of a Slate, 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.
Article 258A - Power of the States to entrust functions to the Union
1[258A. Power of the States to entrust
functions to the Union
Notwithstanding anything in this Constitution, the Governor
of a State may, with the consent of the Government of India, 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 State extends.]
1. Inserted by the Constitution
(Seventh Amendment) Act, 1956, section 18.
Article 259 - Armed Forces in States in Part B of the First Schedule [Repealed]
[Rep. by the
Constitution (Seventh Amendment) Act, 1956, section 29 and Schedule]
Article 260 - Jurisdiction of the Union in relation to territories outside India
The Government of India may by agreement with the
Government of any territory not being part of the territory of India undertake
any executive, legislative or judicial functions vested in the Government of
such territory, but every such agreement shall be subject to, and governed by,
any law relating to the exercise of foreign jurisdiction for the time being in
force.
Article 261 - Public acts, records and judicial proceedings
(1) Full faith and
credit shall be given throughout the territory
of India to public acts, records and
judicial proceedings of the Union and of every
State.
(2) The manner in which and the conditions under which the
acts, records and proceedings referred to in clause (1) shall be proved and the
effect thereof determined shall be as provided by law made by Parliament.
(3) Final judgments or orders delivered or passed by civil
courts in any part of the territory of India shall be capable of execution any
where within that territory according to law.
Article 262 - Adjudication of disputes relating to waters, of inter-State rivers or river valleys
Disputes relating to Waters
(1) Parliament may by law provide for the adjudication of
any dispute or complaint with respect to the use, distribution or control of
the waters of, or in, any inter-State river or river valley.
(2) Notwithstanding anything in this Constitution,
Parliament may by law provide that neither the Supreme Court nor any other
court shall exercise jurisdiction in respect of any such dispute or complaint
as is referred to in clause (1).
Article 263 - Provisions with respect to an inter-State Council
Co-ordination between States
If at any time it appears to the President that the public
interests would be served by the establishment of a Council charged with the
duty of--
(a) inquiring into and advising upon disputes which may
have arisen between States;
(b) investigating and discussing subjects in which some or
all of the Slates, or the Union and one or
more of the States, have a common interest; or
(c) making recommendations upon any such subject and, in
particular, recommendations for the better co-ordination of policy and action
with respect to that subject,
it shall be lawful for the President by order to
establish such a Council, and to define the nature of the duties to be
performed by it and its organisation and procedure.
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