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

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

The Constitution of India

(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.

Questions on this article

4 questions in 8 of our papers cite Article 258. Try these from the free papers:

  1. 1. Which Article allows the Governor of a State, with the consent of the Government of India, to entrust to that Government or its officers functions in relation to any matter to which the executive power of the State extends?

  2. 2. 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?

Practise questions on Constitutional Law