Article 257 of Constitution of India – Control of the Union over States in certain cases
Article 257 of Constitution of India deals with Control of the Union over States in certain cases
Original Text of Article 257 of Constitution of India
(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 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.
(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:
Provided that nothing in this clause shall be taken as restricting the power of Parliament to declare highways or waterways to be national highways or national waterways or the power of the Union with respect to the highways or waterways so declared or the power of the Union to construct and maintain means of communication as part of its functions with respect to naval, military and air force works.
(3) The executive power of the Union shall also extend to the giving of directions to a State as to the measures to be taken for the protection of the railways within the State.
(4) Where in carrying out any direction given to a State under clause (2) as to the construction or maintenance of any means of communication or under clause (3) as to the measures to be taken for the protection of any railway, costs have been incurred in excess of those which would have been incurred in the discharge of the normal duties of the State if such direction had not been given, 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 the extra costs so incurred by the State.
Questions related to Article 257 of Constitution of India
Article 257 gives power to the Union Government to exercise control over the States to ensure that their executive power does not hinder or adversely affect the functioning of the Union, as mentioned in the Constitution of India.
Yes, Article 257 empowers the Union Government to give necessary directions to the State Governments to prevent any obstruction in the exercise of Parliament’s authority, as per the Articles of Indian Constitution.
Article 257 mainly applies to matters related to communication, railways, and military operations where the State’s actions might impact the Union’s functions, as explained in Indian Kanoon cases.
Yes, particularly in cases concerning the maintenance of railways or communication lines, the Union can give directives, and if the State fails to comply, expenses incurred by the Union can be recovered, as per the Indian Constitution.
You can visit Indian Kanoon to read landmark judgments, legal interpretations, and case studies explaining the application of Article 257 of the Indian Constitution.
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