Central-State Administrative Relations (Articles 256-263 of the Indian Constitution)

 Here are the notes from the provided Telugu speech, focusing on Central-State Administrative Relations as per the Indian Constitution.

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Central-State Administrative Relations (Articles 256-263 of the Indian Constitution)

The Indian Constitution, specifically its 11th Part, deals with both Legislative Relations (Articles 245-255) and Administrative Relations (Articles 256-263) between the Centre and the States. This discussion focuses on the Administrative Relations (Articles 256-263).

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Article 256: Jurisdiction of Central and State Governments

• This article defines the administrative jurisdiction of both Central and State governments.

• Central Government: Administers matters across the entire country.

• State Governments: Administer matters only within their respective state territories.

  • Example: The Telangana government manages affairs only within Telangana, and the Andhra Pradesh government manages affairs only within Andhra Pradesh.

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Article 257: Central Control over States in Certain Matters
This article outlines situations where the Central government exercises control over states:

1. Non-defiance of Central Authority: States must not act in defiance of the Central government's jurisdiction or authority.

2. National/Military Importance - Communication Systems:

   • Regarding communication systems (telecommunication) that are of national importance or military importance:

     • The Central government can issue directives to states concerning their management and regulation.

     • States are obliged to comply with these directives.

   • Specific Examples within this context:

     • The Central government can declare state roads as National Highways.

     • The Central government can declare state waterways as National Waterways.

     • The Central government can issue directives to states regarding the establishment and management of communication systems for the Navy, Army, and Air Force (armed forces). States must comply.

3. Railway Security:

   • Regarding the security of railways:

     • The Central government can issue directives to states.

     • States must comply with these directives.

4. Expenditure for Central Directives:

   • For the management, control, and establishment related to the above points (A257-2, A257-3):

     • The Centre will reimburse the states for the expenditure incurred. Initially, states might bear the cost, but the Centre will later provide the funds.

   • Dispute Resolution:

     • If a dispute arises between the Centre and a State regarding this expenditure:

     • The Chief Justice of the Supreme Court will appoint an arbitrator/mediator.

     • Both the Central and State governments must adhere to the arbitrator's decision.

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Article 258: Transfer of Central Powers to States

• This article allows for the transfer of the Central government's powers to the states.

1. Conditions for Transfer: Powers can be transferred to states either conditionally or unconditionally.

2. Prior Consent of Governor: Before such powers are transferred, the prior consent of the concerned State Governor is mandatory.

3. Implementation of Central Laws (Delegation):

   • Even if a law made by Parliament does not directly apply to a particular state territory:

     • The Central government can delegate the power to implement that law to any authority, state government, or government officials within that state.

4. Expenditure for Delegated Powers:

   • The Centre will pay the states for the expenditure incurred in the implementation of these delegated powers.

   • Dispute Resolution:

     • If a dispute arises between the Centre and a State regarding this expenditure:

     • The Chief Justice of the Supreme Court will appoint an arbitrator/mediator.

     • Both the Central and State governments must adhere to the arbitrator's decision.

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Article 259: (Deleted)

• This article has been removed from the Indian Constitution.

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Article 260: Jurisdiction over Foreign Territories

• Regarding foreign territories:

  • The Central government holds both legislative and executive jurisdiction.

• Condition: This is only possible if there is an agreement between India and that foreign country.

  • Example: If another country (e.g., Pakistan, Sri Lanka) cedes territory or ports to India due to debt or agreement, India's Central government would have jurisdiction over it.

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Article 261: Full Faith and Credit Clause

• This article mandates the recognition of legal acts:

  • Laws made by Parliament, official records, and judgments issued by courts throughout the country must be respected and followed by all.

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Article 262: Inter-State River Water Disputes

• This article deals with inter-state river water management and disputes:

  • To calculate and distribute inter-state river waters, and to resolve disputes related to them:

    • Parliament can establish a necessary body (e.g., River Water Tribunals or the Central Water Commission).

• Exclusion of Court Jurisdiction:

  • The Indian Parliament has the power to exclude the responsibility of hearing inter-state river water disputes from the Supreme Court or any other court. This means courts normally cannot intervene in these disputes, as the Parliament can create a dedicated mechanism.

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Article 263: Establishment of Inter-State Council

• This article provides for the establishment of an Inter-State Council:

  • If the President believes that an Inter-State Council should be established for public welfare (for the common good):

    • The President shall establish the Inter-State Council.

• This article outlines the power to establish such a council, and further details about its structure and functions are typically covered under the topic of Constitutional Bodies.