Article 258 and 258A of the Constitution of India

Article 258 and Article 258A deal with the entrustment of executive functions between the Union and the States. Article 258 provides for Union functions to be entrusted to a State Government or its officers, while Article 258A enables a State to entrust its functions to the Government of India or its officers.

Constitution of India | Union-State Administrative Relations

Article 258 and 258A at a Glance

These provisions form part of the constitutional framework governing administrative relations between the Union and the States. They allow executive functions to be entrusted across the Union-State structure subject to the conditions specified in the Constitution.

Provision	Subject	Basic Effect
Article 258	Union functions entrusted to States	The President may, with the consent of the Government of a State, entrust specified Union executive functions to that Government or its officers.
Article 258A	State functions entrusted to the Union	The Governor of a State may, with the consent of the Government of India, entrust specified State executive functions to the Government of India or its officers.

Article 258 - Power of the Union to Confer Powers on States in Certain Cases

Article 258 creates a constitutional mechanism through which certain functions connected with the executive power of the Union may be entrusted to a State Government or its officers. The provision also deals with powers and duties imposed on States by Parliamentary law and with reimbursement of additional administrative costs.

Text of Article 258

Article 258(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.

Article 258(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.

Article 258(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.

Meaning and Scope of Article 258

1. Entrustment of Union Executive Functions

Article 258(1) begins with a non-obstante clause - "Notwithstanding anything in this Constitution." It authorises the President to entrust functions relating to matters within the executive power of the Union to a State Government or its officers.

Such entrustment requires the consent of the Government of the State. The functions may be entrusted either conditionally or unconditionally.

2. Parliamentary Law May Confer Powers or Impose Duties

Article 258(2) addresses a different situation. Parliament may enact a law applicable in a State that confers powers or imposes duties upon the State, or upon its officers and authorities, even where the subject is one on which the State Legislature itself has no legislative competence.

This clause therefore facilitates implementation of Parliamentary legislation through State administrative machinery where the constitutional conditions are satisfied.

3. Additional Administrative Costs

Article 258(3) protects a State against extra administrative costs arising from powers or duties conferred or imposed under Article 258. The Government of India must pay the State the agreed amount in respect of such extra costs.

Where the Union and the State cannot agree on the amount, it is to be determined by an arbitrator appointed by the Chief Justice of India.

Article 258A - Power of the States to Entrust Functions to the Union

Article 258A operates in the reverse direction. It permits executive functions of a State to be entrusted to the Government of India or its officers, subject to the constitutional requirement of consent.

Text of Article 258A

Notwithstanding anything in this Constitution, 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 functions in relation to any matter to which the executive power of the State extends.

Meaning and Scope of Article 258A

Under Article 258A, the Governor of a State may entrust functions connected with the executive power of that State to the Government of India or its officers. Such entrustment requires the consent of the Government of India.

Like Article 258(1), the entrustment may be conditional or unconditional. Article 258A thus provides a constitutional mechanism for administrative cooperation in the opposite direction - from a State to the Union.

Important Distinction

Article 258(1) concerns entrustment of Union executive functions to a State Government or its officers. Article 258A concerns entrustment of State executive functions to the Government of India or its officers.

Difference Between Article 258 and Article 258A

Point	Article 258	Article 258A
Direction of entrustment	Union to State	State to Union
Constitutional authority	President	Governor of a State
Consent	Government of the State	Government of India
Functions involved	Functions relating to matters within Union executive power	Functions relating to matters within State executive power
Conditional entrustment	Permitted	Permitted
Unconditional entrustment	Permitted	Permitted

Why Articles 258 and 258A Matter

India has a federal constitutional structure in which legislative and executive responsibilities are distributed between the Union and the States. Practical administration may nevertheless require one level of government to use the administrative machinery of the other. Articles 258 and 258A provide express constitutional mechanisms for such entrustment of functions.

Article 258 is broader in one important respect because clauses (2) and (3) also address duties arising from Parliamentary legislation and the financial consequences of additional administrative responsibilities placed upon States.

History of Article 258A

Article 258 formed part of the Constitution as originally enacted. Article 258A was subsequently inserted by section 18 of the Constitution (Seventh Amendment) Act, 1956, with effect from 1 November 1956.

Official Constitutional Resources

For the authoritative and updated text of the Constitution, readers may refer to the Legislative Department, Ministry of Law and Justice and India Code.

Related Constitutional Provisions

Articles 258 and 258A should be read in the broader context of Part XI of the Constitution, which deals with relations between the Union and the States. Related provisions include Articles 256 and 257 concerning the obligations of States and Union control in certain cases, and the succeeding provisions governing other aspects of Union-State relations.