PART XI RELATIONS BETWEEN THE UNION AND THE STATES · CHAPTER II.— ADMINISTRATIVE RELATIONS · General

Article 257: Control of the Union over States in certain cases

(1) The executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.

(2) The executive power of the Union shall also extend to the giving of directions to a State as to the construction and maintenance of means of communication declared in the direction to be of national or military importance:

Provided that nothing in this clause shall be taken as restricting the power of Parliament to declare highways or waterways to be national highways or national waterways or the power of the Union with respect to the highways or waterways so declared or the power of the Union to construct and maintain means of communication as part of its functions with respect to naval, military and air force works.

(3) The executive power of the Union shall also extend to the giving of directions to a State as to the measures to be taken for the protection of the railways within the State.

(4) Where in carrying out any direction given to a State under clause (2) as to the construction or maintenance of any means of communication or under clause (3) as to the measures to be taken for the protection of any railway, costs have been incurred in excess of those which would have been incurred in the discharge of the normal duties of the State if such direction had not been given, 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 the extra costs so incurred by the State.

Questions on this article

6 questions in 14 of our papers cite Article 257. Try these from the free papers:

1. Consider the following statements: 1. Under Article 257(3), the executive power of the Union extends to giving directions to a State as to the measures to be taken for the protection of the railways within the State. 2. Under Article 257(4), extra costs incurred by a State in carrying out certain such directions are, in default of agreement, determined by an arbitrator appointed by the Chief Justice of India. 3. Under Article 258(3), extra costs of administration incurred by a State in exercising powers conferred on it under that Article are, in default of agreement, determined by an arbitrator appointed by the Chief Justice of India. Which of the statements given above is/are correct?
2. Consider the following statements: 1. Where a State incurs extra costs in carrying out a direction under Article 257(2) or (3), the sum payable by the Government of India is, in default of agreement, determined by an arbitrator appointed by the Chief Justice of India. 2. Parliament may by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of a dispute relating to the waters of an inter-State river. 3. Final judgments or orders of civil courts in any part of India are capable of execution anywhere within the territory of India according to law. 4. An Inter-State Council under Article 263 can be established only by a law made by Parliament. Which of the statements given above are correct?

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