Actual Article
Article 258: Power of the Union to confer powers, etc., on States in certain cases
- 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.
- 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 authorize the conferring of powers and the imposition of duties upon the State or officers and authorities thereof.
- Whereby 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 sums 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.
UPSC Notes for Article 258
Explanation:
- Presidential Entrustment: Clause (1) allows the President, with the consent of the State government, to entrust Union functions to the State government or its officers. This can be done conditionally or unconditionally.
- Parliamentary Laws Conferring Powers: Clause (2) enables Parliament to make laws that confer powers and impose duties on State governments or their officers even if the State Legislature does not have the power to legislate on those matters.
- Financial Reimbursement: Clause (3) ensures that the Union government compensates the State government for any extra administrative costs incurred in exercising the powers and duties conferred under this article.
Key Points:
- Flexibility in Administration: Article 258 allows for flexible administration by enabling the Union to delegate its functions to States, promoting efficient governance.
- Cooperative Federalism: This article exemplifies cooperative federalism, where the Union and States work together, sharing functions and responsibilities for better administration.
- Financial Provision: The reimbursement clause ensures that States are not financially burdened by the additional responsibilities, fostering cooperation and effective implementation.
Important Cases and Commissions Related to Article 258
Cases:
- State of West Bengal vs. Union of India (1963): This case discussed the delegation of Union powers to State authorities and the cooperative federalism principle enshrined in Article 258.
Commissions:
- Sarkaria Commission: Examined the delegation of Union powers to States and recommended measures to enhance cooperative federalism and administrative efficiency.
- Punchhi Commission: Further explored Union-State relations and suggested mechanisms to ensure effective implementation of Article 258.
Important Reports Related to Article 258:
- Administrative Reforms Commission: Analyzed the implications of delegating Union functions to States and recommended strategies for effective collaboration and governance.
Previous Year Prelims Questions Related to Article 258
- (UPSC Prelims 2016) What does Article 258 empower the President of India to do with the consent of the State government?
- A. Entrust Union functions to the State government or its officers
- B. Override state laws
- C. Appoint the Chief Minister of a State
- D. Dissolve the State Legislature Correct Answer: A. Entrust Union functions to the State government or its officers
- (UPSC Prelims 2018) Under Article 258, who determines the compensation to be paid by the Union government to a State for extra costs incurred in administering Union functions?
- A. The Prime Minister
- B. The Finance Commission
- C. An arbitrator appointed by the Chief Justice of India
- D. The Comptroller and Auditor General Correct Answer: C. An arbitrator appointed by the Chief Justice of India
Previous Year Mains Questions Related to Article 258
- Mains 2016: “Discuss the significance of Article 258 in promoting cooperative federalism in India. How does it facilitate efficient administration?”
- Mains 2019: “Evaluate the role of Article 258 in the context of Union-State relations. How does the financial reimbursement provision impact the cooperation between the Union and States?”
Additional Insights:
- Promoting Efficiency: Article 258 promotes administrative efficiency by allowing the Union to delegate functions to States, ensuring that governance is closer to the people and more responsive.
- Balancing Powers: The article balances the distribution of powers by allowing for temporary and flexible delegation of Union functions, fostering a collaborative approach to governance.
Understanding Article 258 is crucial for UPSC aspirants as it provides insights into the mechanisms for delegating Union functions to State governments, emphasizing cooperative federalism and administrative efficiency. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the legislative and executive framework within the Indian federal structure.