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Obligation of States and the Centre
The Constitution has placed two restrictions on the executive power of the states in order to give ample scope to the Centre for exercising its executive power in an unrestricted manner. Thus, the executive power of every state is to be exercised in such a way (a) as to ensure compliance with the laws made by the Parliament and any existing law which apply in the state; and (b) as not to impede or prejudice the exercise of executive power of the Centre in the state. While the former lays down a general obligation upon the state, the latter imposes a specific obligation on the state not to hamper the executive power of the Centre.
Table 14.1 Articles Related to Centre-State Legislative Relations at a Glance
Article No. Subject Matter |
245. Extent of laws made by Parliament and by the legislatures of states |
246. Subject-matter of laws made by Parliament and by the legislatures of states |
246A. Special provision with respect to goods and services tax |
247. Power of Parliament to provide for the establishment of certain additional courts |
248. Residuary powers of legislation |
249. Power of Parliament to legislate with respect to a matter in the state list in the national interest |
250. Power of Parliament to legislate with respect to any matter in the state list if a Proclamation of Emergency is in operation |
251. Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the legislatures of states |
252. Power of Parliament to legislate for two or more states by consent and adoption of such legislation by any other state |
253. Legislation for giving effect to international agreements |
254. Inconsistency between laws made by Parliament and laws made by the legislatures of states |
255. Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only |
In both the cases, the executive power of the Centre extends to giving of such directions to the state as are necessary for the purpose. The sanction behind these directions of the Centre is coercive in nature. Thus, Article 365 says that where any state has failed to comply with (or to give effect to) any directions given by the Centre, it will 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 the Constitution. It means that, in such a situation, the President’s rule can be imposed in the state under Article 356.