Executive Relations between Centre and States

3.1 Constitutional Framework

The Constitution lays down several key provisions governing executive relations:

• Article 256 — the state executive must comply with Parliamentary laws and must not impede Central laws
• Article 257 — the state must not impede Centre's executive power; Centre can direct states on communications of national/military importance and protection of railways
• Article 258 — Centre can entrust functions to the state with the Governor's consent; Centre may delegate to state officers
• Article 265 — no tax shall be levied except by authority of law
• Article 365 — if a state fails to comply with Centre's directions, the President can proclaim President's Rule under Article 356

3.2 The Governor — Centre's Agent in State

The Governor (Article 153) is appointed by the President (in practice, on PM's advice) and holds office at the President's pleasure.

Constitutional functions:

• Appoints Chief Minister and, on CM's advice, other ministers
• Summons, prorogues, and dissolves state legislature
• Addresses state legislature at commencement of each session
• Assents to state bills / reserves them for Presidential consideration / withholds assent / returns for reconsideration

Centre's representative functions:

• Sends reports to the President about constitutional breakdown (basis for Article 356)
• Can reserve state bills — including those on Concurrent List — for Presidential consideration
• Acts independently in appointing CM when assembly verdict is not clear

Controversies:

• Reservation of bills — Governors in opposition-ruled states have delayed assent; the Supreme Court in Tamil Nadu v. Governor of Tamil Nadu (2024) ruled Governors cannot withhold assent indefinitely
• Selection of CM in hung assembly situations — Governors have been accused of partisan conduct
• Sarkaria Commission recommended a distinguished person from outside the state be appointed Governor and that the post should not be a political reward

3.3 All India Services

All India Services (IAS, IPS, IFoS) bridge the Central-State executive relationship. Created under Article 312 (by Rajya Sabha resolution), these services are recruited centrally (UPSC), trained nationally, but allocated to state cadres. The Centre retains disciplinary authority but officers serve under state governments for most of their career.

• IAS — Indian Administrative Service (originally ICS 1858; became IAS 1946)
• IPS — Indian Police Service
• IFoS — Indian Forest Service (created 1966)

Their dual accountability — to the state they serve in and to the Centre — is a uniquely Indian federal mechanism ensuring national standards in governance while serving state needs.

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