Article 256 of the Costitution of India with Case law
Article 256 of the Constitution of India
Title: Obligation of States and the Union
Text of Article 256 (Simplified):
“The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State; 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.”
Key Elements:
| Feature | Explanation |
|---|---|
| Obligation of States | States must comply with Parliamentary laws. |
| Union’s Power | The Central Government can issue directions to States to ensure such compliance. |
| Enforceability | Though this article gives the Union strong directive power, it doesn’t automatically authorize coercive enforcement (like dismissal of a state government). |
| Federal Check | It balances federalism by ensuring national laws are followed while not fully eroding state autonomy. |
Purpose of Article 256:
To ensure uniform implementation of national laws, and maintain a coherent federal structure by:
Ensuring State executive actions conform with Union laws,
Allowing Union to guide States via directions.
Case Laws Interpreting Article 256:
🧑⚖️ 1. Jayantilal Amritlal Shodhan v. F.N. Rana, AIR 1964 SC 648
Issue: Whether the State's failure to act in accordance with Central law can be challenged.
Held:
Article 256 imposes a constitutional obligation on the State to follow laws made by Parliament.
The Centre can issue directions but cannot force compliance unless additional constitutional provisions (like Article 356) are invoked.
🧑⚖️ 2. State of Rajasthan v. Union of India, (1977) 3 SCC 592
Issue: Can the Union force a State to dissolve its assembly for not implementing certain Central policies?
Held:
While Article 256 allows directions, non-compliance alone does not justify Article 356 (President’s Rule) unless there's a constitutional breakdown.
The Centre must act with restraint, respecting federal principles.
🧑⚖️ **3. R. Chitralekha v. State of Mysore, AIR 1964 SC 1823
Held:
Article 256 enables the Union to ensure consistency of laws across India, particularly in issues involving central schemes or laws (e.g., education policy, reservations).
🧑⚖️ **4. S.R. Bommai v. Union of India, (1994) 3 SCC 1
Relevance:
Though primarily on Article 356, the Court emphasized that Article 256 does not make States subordinate, but binds them to act within constitutional limits.
🧑⚖️ **5. Union of India v. H.S. Dhillon, (1972) 2 SCC 33
Observation:
The Supreme Court acknowledged the Union’s authority to ensure compliance, reinforcing the Union’s supervisory role under Article 256.
Practical Application of Article 256:
Used in:
Enforcement of national laws like environmental laws, GST, education policies.
Directing states to implement Centrally Sponsored Schemes (e.g., PM Awas Yojana, MGNREGA).
Ensuring State compliance with national security obligations (e.g., counter-insurgency coordination).
Conclusion:
Article 256 forms the bedrock of cooperative federalism in India. It ensures:
States adhere to laws enacted by Parliament,
Union plays a guiding—not dictating—role,
Conflicts are resolved within a constitutional framework without undermining state autonomy.
✅ Key Takeaway: Article 256 reinforces national unity, while still preserving the federal nature of governance.
RELATED Blog
0 comments