Article 258A

Article 258A of the Constitution of India establishes a reciprocal mechanism of cooperation between the Union and the States. While Article 258 empowers the Union to confer powers on the States, Article 258A enables the States to entrust specific functions to the Union Government. This constitutional arrangement enhances administrative flexibility and supports the principle of cooperative federalism, ensuring coordinated governance within India’s complex federal framework.

Background and Constitutional Context

Article 258A was inserted into the Constitution by the Seventh Amendment Act, 1956, which reorganised the States and sought to strengthen the cooperative functioning of the Union and State Governments. The inclusion of this provision was necessary to allow States, when appropriate, to transfer certain executive functions to the Union, particularly in cases requiring central expertise, uniformity, or inter-State coordination.
This Article complements Article 258 by providing a two-way channel of functional cooperation. It recognises that while the Union may delegate powers to the States for local implementation of central functions, there may also be situations where a State prefers to entrust its own functions to the Union for better execution.

Key Provisions of Article 258A

Article 258A provides a concise yet significant constitutional framework. Its main provisions include:

• Entrustment of Functions: The Governor of a State may, with the consent of the Government of India, entrust either conditionally or unconditionally to that Government or to its officers any functions in relation to matters to which the executive power of the State extends.
• Consent Requirement: The entrustment of such functions is not unilateral. It requires the prior consent of the Union Government, ensuring mutual agreement between both levels of government.
• Conditional or Unconditional Entrustment: The arrangement may specify conditions, limitations, or terms under which the Union performs the entrusted functions, or it may be entirely unconditional.
• Independent Operation: The provision operates independently of Articles 258, 256, and 257, giving it a distinct constitutional identity focused on reverse delegation—from States to the Union.

Scope and Nature of Entrustable Functions

The functions that may be entrusted under Article 258A are those that fall within the executive power of the State. These typically include:

• Administrative functions, such as implementation of welfare schemes, census operations, or regulatory processes.
• Regulatory functions, including inspection, licensing, or oversight in matters of commerce, transport, or health.
• Operational functions, such as infrastructure development, disaster management, or maintenance of public utilities.

In practice, States may choose to entrust such functions when they require technical expertise, manpower, or resources available at the central level. For example, a State may entrust the Union Government with the management of a national highway project or an inter-State water distribution scheme.

Role of the Governor and the Union Government

The Governor plays a pivotal role in initiating the process under Article 258A. Acting on the advice of the State Council of Ministers, the Governor may propose to entrust certain functions to the Union. However, such entrustment cannot proceed without the explicit consent of the Union Government, which ensures that the delegation aligns with national administrative priorities.
The Union Government, upon accepting the entrusted functions, assumes responsibility for their execution. It may use its officers or agencies to perform these functions efficiently, coordinating with State officials where necessary. This arrangement enables the Union to provide expertise and uniformity in administration, particularly in sectors requiring specialised or centralised oversight.

Relationship with Article 258

Article 258A mirrors and complements Article 258, which allows the President to entrust Union functions to States. Together, these Articles create a two-way administrative relationship:

• Under Article 258, the Union delegates functions to States for decentralised execution.
• Under Article 258A, the State entrusts functions to the Union for centralised or coordinated implementation.

This reciprocal structure reflects the constitutional philosophy that the Union and States are not rivals but partners in governance, each capable of assisting the other to achieve efficiency and national integration.

Judicial Context and Interpretations

Although there have been no direct judicial interpretations of Article 258A, its implications have been discussed within the broader context of federalism and power distribution. Key judgments that illuminate the spirit of this Article include:

• State of West Bengal v. Union of India (1963): The Supreme Court examined the federal relationship between the Union and the States, recognising the Union’s supremacy in matters requiring national coordination while upholding State autonomy.
• Keshavananda Bharati v. State of Kerala (1973): The judgment established the basic structure doctrine, identifying federalism as an essential feature of the Constitution.
• Minerva Mills Ltd. v. Union of India (1980): The Court reiterated that the balance of power between the Union and the States must be maintained, ensuring that neither level undermines the other’s constitutional authority.

These decisions, though not specific to Article 258A, reinforce the constitutional principle that cooperation and mutual consent are essential to maintaining federal harmony.

Practical Applications and Administrative Relevance

In practice, Article 258A has facilitated several forms of intergovernmental collaboration. Some examples include:

• Joint Implementation of Programmes: States may request the Union to carry out infrastructure or welfare schemes that require national-level coordination.
• Public Health Initiatives: The Union may take over certain health programmes in States, especially during epidemics or emergencies, with the State’s consent.
• Environmental Management: States may entrust specific regulatory or monitoring functions to central agencies such as the Central Pollution Control Board for uniform enforcement.
• Statistical and Survey Operations: The Union Government frequently undertakes large-scale data collection and surveys on behalf of States to ensure consistency and standardisation.

These instances demonstrate that Article 258A serves as a practical instrument for collaborative governance, particularly where central capabilities complement State needs.

Federal Implications and Significance

Article 258A underscores the cooperative character of Indian federalism. It reflects the understanding that governance in a large and diverse country like India requires flexibility and mutual assistance between different levels of government. Its importance lies in the following aspects:

• Facilitation of Cooperation: It allows States to draw on Union resources and expertise for efficient governance.
• Promotion of Administrative Efficiency: Duplication of work is reduced when the Union executes functions on behalf of States.
• Preservation of Federal Balance: The requirement of consent from both the State and the Union ensures that neither level acts unilaterally.
• Adaptability to Modern Governance: The provision allows for evolving cooperation in areas such as digital governance, infrastructure, health, and disaster management.

Limitations and Constitutional Safeguards

While Article 258A enhances cooperation, it includes safeguards to prevent misuse or erosion of State authority:

• Consent-Based Operation: The Union cannot assume any State function without the State’s voluntary consent.
• Constitutional Boundaries: Entrustment of functions must remain within the constitutional framework and cannot alter the legislative distribution of powers.
• Non-Transfer of Legislative Competence: The Article permits administrative delegation, not legislative transfer. Thus, States retain their constitutional jurisdiction.
• Accountability: The Union remains accountable to Parliament for the performance of functions entrusted under this Article.

These safeguards ensure that the federal equilibrium envisioned by the Constitution is preserved even while enabling flexible administrative arrangements.