Overview
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Article 258 of Indian Constitution lets the Union give its executive powers to States under certain conditions. The President and the State Governor can agree to let State governments or their officers manage functions under the Union's executive power. Additionally, Parliament can enact laws conferring powers or imposing duties on States, even in areas outside their legislative authority. If delegation costs more to manage, the Union pays the State. This happens by mutual agreement or arbitration. This rule promotes cooperative federalism. It helps the Union and State governments work together efficiently. Explore other Articles in depth in Constitutional Articles.
Overview |
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Name of the Article |
Article 255 of Indian Constitution- Union’s Authority to Delegate Powers to States in Specific Situations. |
Part of the Constitutional Article |
Part XI |
Power of the Union to confer powers, etc., on States in certain cases
Subjects | PDF Link |
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Note: "The information is referred from the official website of the Indian Code and is for reference only. Original laws and orders remain untouched.
Article 258 of Indian Constitution lets the Union government give its executive powers to State governments or their officials. The following is a simplified interpretation of Article 258 of Constitution:
Article 258 of Indian Constitution shows cooperative federalism. It uses State-level systems to handle Union duties which helps with efficient governance.
Article 258 of Indian Constitution Significance
Article 258 of Indian Constitution is significant for several reasons. Firstly, it allows the Union government to share its powers with State governments which helps in improving teamwork and makes governance more efficient. The Union Government shares its powers with the State in the following ways:
The following landmark judgements illustrate the practical application and interpretation of Article 258 of Indian Constitution in promoting cooperative federalism. The cases are:
The Supreme Court confirmed that the President's notification under Article 258 is valid. The decision in this case shows that it was a legal delegation of executive power and will which allowed the Gujarat Commissioner to continue land acquisitions.
The Supreme Court said the Maharashtra government's ban on selling lottery tickets from other states was unconstitutional. The Court confirmed that only Parliament has exclusive power over lotteries. This is based on Article 258 of Indian Constitution which stops states from making unauthorized bans. The Government's ban was ruled invalid, so they ordered an end to the enforcement of those restrictions.
The case of Samsher Singh vs State of Punjab and Article 258 of Indian Constitution are connected through a broader theme of delegation of executive powers especially regarding how the President and Governor exercise executive power.
The Supreme Court held that the Governor has power to appoint and remove members of subordinate judicial services. The decision focused on collecting important ministerial responsibility in the constitution as well as having the power to perform duties with the Council of Ministers. The Court stated that firing someone for misconduct without due process counts as punishment under Article 311 of the Constitution, furthermore Judicial courts must follow the legal safeguards.
Article 258 of Indian Constitution highlights cooperative federalism. It allows the Union government to share its executive powers with State governments. This Article focuses on better administration. The flexibility helps governance adapt, makes better use of resources, and strengthens ties between the Union and States. By providing financial compensation for additional administrative costs, it maintains fairness and accountability in the delegation process. Article 258 shows how the Indian Constitution balances central power with State independence. This balance helps promote teamwork and good governance.
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