Article 256

Article 256 of the Constitution of India establishes the duty of States to ensure compliance with parliamentary laws and affirms the authority of the Union to issue directions to States for that purpose. It forms a critical part of the constitutional framework that governs the relationship between the Union and the States, ensuring coherence, coordination, and uniformity in the implementation of national laws throughout the country.
By defining this obligation, Article 256 upholds the principle of constitutional supremacy while promoting cooperative federalism, balancing central authority with State autonomy.

Background and Purpose

India’s Constitution envisions a federal system with a strong unitary bias, where both the Union and the States derive their powers from the same Constitution. While States enjoy autonomy within their spheres, the Union is entrusted with ensuring national unity and the uniform implementation of laws.
Article 256 was included to operationalise this principle by requiring States to act in conformity with parliamentary legislation and by empowering the Union to ensure compliance through executive directions. It thereby prevents disunity or inconsistency in governance and ensures that national policies and laws are effectively applied across all regions of the country.

Text and Scope of Article 256

The text of Article 256 reads:
“The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, 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.”
The key components of this provision are:

1. Obligation of States: The executive power of every State must be exercised in such a manner that ensures the implementation of laws made by Parliament and any existing laws applicable within that State. This means that the State government must take necessary administrative and executive steps to enforce Central laws within its jurisdiction.
2. Authority of the Union: The Union government has the power to issue directions to any State to secure compliance with these laws. Such directions may be specific or general and are binding on the State concerned.
3. Application to Existing Laws: The Article covers not only laws made by Parliament after the Constitution’s commencement but also pre-Constitution laws that continue to remain in force under Article 372.

Thus, Article 256 ensures that national legislation is uniformly enforced across all States, preserving the legal and administrative unity of the Republic.

Nature and Extent of the Union’s Power

The power of the Union under Article 256 is executive and supervisory, not legislative or coercive in nature. The Union cannot take over the functions of a State under this Article; it can only issue directions to ensure compliance.
These directions may relate to:

• Implementation of parliamentary laws,
• Maintenance of law and order where Union interests are involved,
• Execution of schemes or policies enacted under Central legislation, and
• Compliance with international or inter-State obligations.

However, such directions must remain within constitutional boundaries and cannot encroach upon matters that fall exclusively under the State List, except where necessary to implement a valid Central law.

Judicial Interpretation and Key Supreme Court Judgments

Over time, the judiciary has clarified the meaning and scope of Article 256, especially regarding the balance between Union authority and State autonomy.

• State of West Bengal v. Union of India (1963): The Supreme Court affirmed that the Union has the constitutional authority to issue directions to States to ensure compliance with parliamentary laws. However, it also emphasised that such powers must be exercised in good faith and for legitimate constitutional purposes.
• State of Rajasthan v. Union of India (1977): The Court held that Union directions under Article 256 should not be arbitrary or politically motivated. It ruled that States retain the right to challenge any directive that exceeds constitutional limits or interferes unduly with State autonomy.
• Union of India v. State of Kerala (1979): The Court reiterated the Union’s power to ensure effective implementation of Central laws, underscoring that the federal structure requires cooperation, not confrontation, between the Union and the States.
• Keshavananda Bharati v. State of Kerala (1973): Although not directly addressing Article 256, the Court’s articulation of the basic structure doctrine implied that the distribution of power between the Union and the States forms part of the Constitution’s basic structure, which cannot be undermined by arbitrary Union intervention.

These judgments collectively underscore that while Article 256 grants the Union significant authority, this power must be exercised constitutionally, reasonably, and in the spirit of cooperative federalism.

Relationship with Other Constitutional Articles

Article 256 operates in close coordination with several other provisions governing Union–State relations:

• Article 257: Regulates the control of the Union over the States in specific matters, such as communication, defence, and external affairs.
• Article 258: Allows the Union to confer functions on States and vice versa for administrative convenience.
• Article 365: Provides that if a State fails to comply with Union directions under Articles 256 or 257, it may be considered a situation warranting President’s Rule under Article 356.

Together, these Articles ensure that the Union retains adequate control to maintain national integrity while allowing States to function autonomously within their constitutional domains.

Practical Implications

Article 256 plays a pivotal role in maintaining uniform governance and administrative coordination throughout India. Its practical implications include:

• Ensuring Implementation of Central Laws: It obliges States to enforce parliamentary legislation in areas such as environmental protection, education, labour, and taxation, ensuring consistent national standards.
• Facilitating National Schemes: The Union may issue directions to States for the execution of centrally sponsored schemes, infrastructure projects, or welfare programmes derived from Central laws.
• Addressing Inter-Governmental Disputes: The provision serves as a constitutional tool for resolving administrative disagreements between the Centre and States through dialogue and directions, avoiding judicial or political confrontation.
• Supporting Emergency Powers: Persistent non-compliance by a State with Union directions may, under Article 365, provide grounds for the imposition of President’s Rule, thereby linking Article 256 to the broader mechanism of constitutional accountability.

Limitations and Safeguards

While Article 256 empowers the Union to ensure compliance with national laws, it is subject to certain limitations and constitutional checks:

• The Union cannot use Article 256 to directly administer State affairs or usurp State powers beyond the scope of parliamentary law.
• Directions must be reasonable, necessary, and proportionate to the purpose of ensuring compliance.
• If a directive is arbitrary or ultra vires, the concerned State can challenge it before the Supreme Court under Article 131 (Centre–State disputes).
• The provision must be read in the light of federal balance, ensuring respect for the autonomy of the States.

Thus, while the Article strengthens the unitary features of India’s polity, it also embodies a federal restraint that prevents excessive centralisation.

Significance in India’s Federal System

Article 256 is integral to maintaining the functional unity of India’s federal system. Its significance can be summarised as follows:

• Preserves national coherence: Ensures that Central laws and policies are uniformly implemented across all States.
• Promotes cooperative federalism: Encourages coordination between the Centre and States rather than confrontation.
• Upholds constitutional supremacy: Reinforces that State actions must conform to parliamentary laws and constitutional obligations.
• Balances authority and autonomy: Strengthens the Union’s supervisory powers while recognising the States’ constitutional role in administration.

By creating a mechanism for compliance through directions rather than coercion, Article 256 exemplifies the principle of federal cooperation under constitutional discipline.