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Public Administration

Centre-State Administrative Relations

Issues in Public Administration: Union-State Relations, Minister-Civil Servant Relationship, Generalists vs Specialists, Administrative Reforms, Social Audit

Paper III · Unit 2 Section 3 of 11 0 PYQs 23 min

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Centre-State Administrative Relations

2.1 Constitutional Framework

The Constitution divides administrative relations across several articles:

Article Subject
Article 256 States must ensure compliance with Central laws; Centre can give directions to States
Article 257 States must not impede Union executive power; Centre can direct States on highways, railways, etc.
Article 257A (Repealed 1978) — allowed Central deployment of armed forces in states
Article 258 Centre may delegate functions to States; States may act as Centre's agent
Article 258A States may delegate functions to Centre
Article 261 Full faith and credit — State must give effect to Central laws and judgments
Article 263 Inter-State Council — for coordination between Centre and States
Article 312 Rajya Sabha may create All India Services (key Centre-State administrative bridge)
Article 356 President's Rule — most contentious Centre-State provision

2.2 All India Services as Administrative Bridge

AIS (IAS, IPS, IFoS) are the key institutional link between Centre and States. Officers:

  • Recruited and trained by Centre (UPSC); deployed in State cadres.
  • Senior posts (DG Police, Chief Secretary) filled by IAS/IPS officers — Centre's oversight mechanism.
  • Can be sent on Central deputation; Centre controls promotion to SAG and above.
  • States resent Centre's power over their own senior officers — a recurring tension.

Sarkaria Commission's defence of AIS: "All India Services are the steel frame of the federal structure... curtailing them would weaken national unity and policy coordination."

2.3 Sarkaria Commission (1983–87)

Appointed by the Government of India in June 1983 under Justice R.S. Sarkaria (Chairman) and B. Sivaraman and S.R. Sen (members) to examine Centre-State relations.

Key recommendations:

  1. Article 356 — use only in cases of genuine constitutional breakdown; not for political purposes; President must issue a warning to State before imposition.
  2. Governor — should be eminent non-politician; not from state's ruling party; should consult CM before appointment; Act as constitutional head, not Centre's agent.
  3. AIS — should be preserved; states must not obstruct Central deputation of IAS/IPS.
  4. Inter-State Council — should be operationalised urgently.
  5. Residuary powers — recommend keeping residuary powers with Centre.
  6. Concurrent List — Centre should consult States before legislating on Concurrent subjects.

Punchhi Commission (2007–10):
The Second Commission on Centre-State Relations, chaired by former CJI M.M. Punchhi. Reviewed Sarkaria in the light of changed political context (coalition era).

Key additions:

  • Article 356 — suggested a "localized emergency" — apply to a specific region, not whole state.
  • Recommended sunset clause for Central legislation on State subjects.
  • Stronger Inter-State Council with a permanent secretariat.
  • Governors — fixed 5-year tenure; removal only on address of State Legislature.