Part XI - Union-State Relations • Article

Article 258 Simplified: Power of the Union to confer powers, etc., on States in certain cases

Article 258 allows the President, with the consent of a state government, to delegate any Union executive functions to that state's government or officers. Additionally, laws passed by Parliament can directly impose duties or confer powers on state officials, with the Union covering the extra administrative costs.

Official Text

(1) 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. (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.

Simple Meaning

Explain Like Ten

The President can ask a state government to handle certain national duties (like passport checks or managing highways) if the state agrees. The central government pays for the expenses of doing these duties.

Student Mode

Article 258 allows the delegation of Union executive powers to State administrations, fostering administrative cooperation. Under Clause (1), the President can entrust Union functions to a State Government, but only with the State's consent. Clause (2) allows Parliament, via law, to confer duties on States without their consent. Under Clause (3), the Union must pay the State for the cost of performing these delegated duties.

Example

The Central Government delegates census collection or passport verification duties (Union List subjects) to state police officers and local district magistrates. The Union pays the state government for the extra costs of staff and logistics.

Key Takeaway

Article 258 facilitates administrative decentralization by letting the Union use state machinery for federal tasks on mutual consent.

FAQs

Can the President delegate Union functions to a State without its consent?

No. Under Article 258(1), the President needs the consent of the State Government. However, Parliament can do so via a law under Article 258(2) without consent.

Is the State compensated for performing delegated Union functions under Article 258?

Yes. The Union is constitutionally required to pay the State the extra costs incurred in carrying out those delegated duties.

Quiz

Under Article 258(1), whose consent is required for the President to delegate Union functions to a State?

Answer: The State Government

Can Parliament confer duties on state officers through a law under Article 258(2)?

Answer: Yes, even without state consent