Article 257 of the Costitution of India with Case law
📜 Article 257 of the Constitution of India – Control of the Union over States in Certain Cases
✅ Text of Article 257:
(1) The executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the Union shall have power to give such directions to a State as may appear to the Government of India to be necessary for that purpose.
(2) The executive power of the Union shall also extend to the giving of directions to a State as to the construction and maintenance of means of communication declared in the direction to be of national or military importance.
(3) The Government of India may, if it deems necessary, provide for the carrying out of such direction and for the payment by the Government of India of the cost incurred in doing so.
(4) Where in carrying out any direction given under clause (2) as to the construction or maintenance of any means of communication or the protection of any railway, the Government of India incurs any cost, that cost shall be paid by the State in accordance with such principles as may be laid down by, and directions given by, the Government of India, and in case of any dispute, the decision of the Government of India shall be final.
🧠 Explanation:
Article 257 ensures that the executive power of states does not conflict with or obstruct the executive power of the Union. It grants the Union Government authority to issue directions to states in certain circumstances.
✅ Key Points:
| Clause | Purpose |
|---|---|
| (1) | Prevents state actions that hinder Union executive power. |
| (2) | Allows Union to direct states in construction/maintenance of infrastructure deemed nationally or militarily important. |
| (3) | Union may carry out such works and pay costs. |
| (4) | If state has to pay cost, Union decides the terms; Union’s decision is final in case of dispute. |
🔍 Relevant Areas of Application:
National Highways
Railways and their protection
Strategic infrastructure projects
Directions under national security considerations
⚖️ Important Case Laws on Article 257:
1. State of Rajasthan v. Union of India
Citation: (1977) 3 SCC 592
Held:
Although the case primarily dealt with Article 356, it explained that Articles 256 and 257 allow the Centre to give directions, but non-compliance alone doesn't justify President's Rule unless there's a breakdown of constitutional machinery.
2. S.R. Bommai v. Union of India
Citation: (1994) 3 SCC 1
Held:
Reaffirmed the limited scope of Union’s powers under Articles 256 & 257.
Federalism is a basic feature, and Centre’s directions under Article 257 must be constitutional, necessary, and not arbitrary.
3. Union of India v. State of Assam
Citation: AIR 1972 SC 1065
Held:
The Union can issue directions in matters of national or military importance, especially for construction or protection of transport links.
States are bound to follow, but federal principles must be respected.
4. TMA Pai Foundation v. State of Karnataka
Citation: (2002) 8 SCC 481
Relevance:
Though primarily about education and minority rights, it included observations on Centre-State relations, indirectly reaffirming the delicate balance of power under Articles like 257.
🔁 Related Articles:
| Article | Provision |
|---|---|
| Article 256 | Obligation of States and Union’s power to give directions for compliance with Union laws |
| Article 258 | Power of the Union to confer powers on States |
| Article 365 | Consequence of failure to comply with Union’s directions (can trigger Article 356) |
📚 Summary Table:
| Feature | Description |
|---|---|
| Article | 257 |
| Applies to | All States |
| Union’s Power | Issue directions for: |
Ensuring Union executive power is not hindered
National/military infrastructure works |
| States’ Obligation | Must comply; Union may recover costs if applicable |
| Dispute Resolution | Decision of Union Government is final |
RELATED Blog
0 comments