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

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

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. 258A. Power of the States to entrust functions to the Union.— 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.]
Armed Forces in States in Part B of the First Schedule.].— Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

Plain English Summary

This article allows the Central Government (Union) to give specific powers or duties to a State government or its officials in certain areas where the Union has executive power. It also permits Parliament to create laws that can impose duties on a State, even if the State legislature normally lacks the power to do so.

Key Points

The President can entrust functions to a State government with the consent of the State Government.
Parliament can make laws that confer powers or impose duties on a State, even in areas where the State Legislature has no authority.
If powers are conferred, the Government of India must pay the State for extra administrative costs incurred.
The Governor of a State can also entrust functions to the State government with the consent of the Government of India (Article 258A).

Why It Matters

This article establishes a mechanism for sharing executive responsibilities between the Central and State governments, ensuring that necessary functions can be performed efficiently across the country.

Landmark Judgements

No major landmark judgements.