What is Article 258 of Indian Constitution – Defination & Meaning

Article 258: Power of the Union to confer powers, etc., on States in certain cases (1) Notwithstanding anything in this Constitution, the President may, with
📅 Part XI – Relations Between the Union and the States
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Article Number

258

part

Part XI – Relations Between the Union and the States

Status

Active

Bare Acts Text

Article 258: Power of the Union to confer powers, etc., on States in certain cases

  • (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.
  • (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.
  • (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.
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Full Definition & Explanation

Article 258 of the Indian Constitution allows the President to delegate certain powers to state governments. This delegation occurs only with the consent of the respective state government. It means that if the Union government has powers over a particular matter, it can transfer those duties to a state, providing the state with the authority to act in that area. For example, if the Union government is managing a health crisis, it can allow state authorities to take necessary actions under its executive powers. This article is particularly relevant for areas where the Union government has jurisdiction but needs state cooperation for effective administration. The Union can delegate powers conditionally or unconditionally, depending on the situation. However, states must agree to take on these responsibilities. This helps in better governance as states can implement local solutions tailored to their communities. Also, Article 258 ensures that if states incur extra costs while exercising these powers, the Union government will compensate them. The terms of this compensation can be settled between the two governments or determined by an arbitrator. This provision encourages states to accept these responsibilities without the fear of financial burden, thus facilitating cooperative federalism in India. It enhances coordination between the Union and state governments, ensuring effective governance across different levels.

Historical Context

This delegation occurs only with the consent of the respective state government. It means that if the Union government has powers over a particular matter, it can transfer those duties to a state, providing the state with the authority to act in that area. For example, if the Union government is managing a health crisis, it can allow state authorities to take necessary actions under its executive powers. This article is particularly relevant for areas where the Union government has jurisdiction but needs state cooperation for effective administration.

Key Features

– The President can delegate powers to state governments with their consent.
– States can exercise Union powers in specific areas for better governance.
– Delegation of authority can be conditional or unconditional.
– States receive compensation for additional administrative costs incurred.
– This article promotes a cooperative federalism framework in India.

Importance & Impact

– It allows states to manage local issues more effectively
– The Union government can ensure better implementation of national policies.
– States can receive financial support for additional responsibilities
– This approach fosters collaboration between Union and state governments
– It helps in swift problem-solving during crises or emergencies

Sample UPSC Question

Which of the following statements about Article 258 of the Indian Constitution is true? A) It allows the President to impose laws on states. B) It requires state consent for delegating Union powers. C) It mandates states to accept all Union powers. D) It only applies to financial matters. Choose the correct option.? Analyze these options carefully in light of the constitutional distribution of legislative and executive powers.

Answer

The correct answer is B. Article 258 stipulates that the President may delegate Union powers to state governments only with their consent, ensuring collaboration. Article 258 of the Indian Constitution allows the President to delegate certain powers to state governments.

Key Takeaways

✓ Article 258 enables President to delegate powers to states.
✓ State consent is mandatory for any delegation of powers.
✓ Compensation is provided for additional state administrative costs.
✓ Promotes cooperative federalism and local governance
✓ States can handle specific Union matters effectively

FAQs

Article 258 of the Indian Constitution allows the President to delegate certain powers to state governments. This delegation occurs only with the consent of the respective state government. It means that if the Union government has powers over a particular matter, it can transfer those duties to a state, providing the state with the authority to act in that area.

However, states must agree to take on these responsibilities. This helps in better governance as states can implement local solutions tailored to their communities. Also, Article 258 ensures that if states incur extra costs while exercising these powers, the Union government will compensate them. Article 258 of the Indian Constitution allows the President to delegate certain powers to state governments.

The terms of this compensation can be settled between the two governments or determined by an arbitrator. This provision encourages states to accept these responsibilities without the fear of financial burden, thus facilitating cooperative federalism in India. It enhances coordination between the Union and state governments, ensuring effective governance across different levels.

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Pramod Pal Founder and Editor-in-Chief

Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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