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

Part XI — RELATIONS BETWEEN THE UNION AND THE STATES — CHAPTER II.—ADMINISTRATIVE RELATIONS

Constitutional

Summary

The President can ask a state government to handle certain tasks that are normally the Union’s responsibility, but only if the state government agrees. Parliament can also pass a law that gives powers or duties to a state government or its officials, even if the state legislature would not normally have the authority to make such a law. If a state takes on these extra responsibilities, the Union government must pay the state for any additional costs, and if the two sides cannot agree on the amount, the Chief Justice of India will appoint an arbitrator to decide.

Official Text

(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.