Articles 256 and 257 of the Constitution of India: Obligations of States and Union Control
Articles 256 and 257 appear in Part XI, Chapter II of the Constitution of India, which deals with administrative relations between the Union and the States. They regulate how State executive power must operate in relation to Parliamentary laws and the executive power of the Union.
Article 256 - Obligation of States and the Union
Article 256 requires every State to exercise its executive power so as to ensure compliance with laws made by Parliament and with existing laws applicable in that State. It also authorises the Union executive to issue directions to a State when the Government of India considers such directions necessary for securing that compliance.
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.
Article 257 - Control of the Union over States in Certain Cases
Article 257 deals with circumstances in which State executive action must not impede or prejudice the exercise of Union executive power. It also provides specific Union powers concerning communications of national or military importance and protection of railways.
Clause (1): State executive power and Union directions
Clause (2): Communications of national or military importance
The Union may give directions to a State regarding construction and maintenance of means of communication declared in the direction to be of national or military importance. The proviso preserves Parliament's power regarding national highways or national waterways and the Union's functions concerning naval, military and air force works.
Clause (3): Protection of railways
The Union may direct a State regarding measures to be taken for the protection of railways within that State.
Clause (4): Payment of extra costs
If compliance with a direction under clause (2) or clause (3) causes the State to incur costs beyond those arising from its normal duties, the Government of India must pay the State the agreed amount. If no agreement is reached, the amount is determined by an arbitrator appointed by the Chief Justice of India.
Meaning and Legal Effect of Articles 256 and 257
Article 256 is principally concerned with implementation of Parliamentary and applicable existing laws by the States. Article 257 is concerned with preventing State executive action from obstructing Union executive power and with specified matters of national importance. Together, the provisions form part of the constitutional framework for administrative coordination between the Union and the States.