Article 258 of the Costitution of India with Case law
🇮🇳 Article 258 of the Constitution of India
Topic: Power of the Union to confer powers on States in certain cases
(Part XI – Relations Between the Union and the States, Chapter I – Legislative Relations)
🔹 Text of Article 258 (Simplified):
Clause (1):
The President may, with the consent of the State Government, entrust to that State (or its officers) functions relating to executive power of the Union.
Clause (2):
Parliament may authorize the State Government or its officers to perform executive functions without State’s consent, but only for Union laws.
Clause (3):
Any costs incurred by the State in carrying out Union functions (entrusted under clause 1 or 2) shall be reimbursed by the Union, as agreed.
🧾 Purpose of Article 258:
Enables administrative cooperation between Union and State governments.
Promotes efficient functioning where the Union may not have administrative machinery in the State.
Especially useful for implementing Union laws (like environment, railways, taxation, etc.) through State officers.
🧷 Example Situations:
| Scenario | Application of Article 258 |
|---|---|
| Union entrusts Aadhaar enrolment to States | Clause (1) |
| State police helps in CBI/ED functioning | Clause (1) |
| Enforcement of Central Excise or GST Acts by State officers | Clause (2) |
⚖️ Important Case Laws Related to Article 258:
🔹 1. Jayantilal Amritlal Shodhan v. F.N. Rana
Citation: AIR 1964 SC 648
Held: If a Union function is delegated to the State under Article 258, the State officers act as agents of the Union, not under State executive authority.
🔹 2. State of Rajasthan v. Union of India, AIR 1977 SC 1361
Context: Centre–State relations and federal structure.
Held: Article 258 supports collaborative federalism, where Union can seek help of States to implement its responsibilities.
🔹 3. Ujagar Prints v. Union of India, (1989) 3 SCC 488
Though mainly about delegation under taxation laws, it upheld the validity of Union delegation to States under Article 258 as long as proper procedures are followed.
🔹 4. P. Kannadasan v. State of Tamil Nadu, AIR 1996 SC 2560
Emphasised that Union executive functions may be performed by States, but cannot override State autonomy unless constitutional procedure is followed.
✅ Summary Table:
| Provision | Description |
|---|---|
| Art. 258(1) | President may entrust Union functions to State with State’s consent |
| Art. 258(2) | Parliament can authorize State officers for Union laws without consent |
| Art. 258(3) | Financial arrangements to be made for cost-sharing |
🔁 Comparison: Article 258 vs Article 256
| Article | Focus | Consent Required? | Nature |
|---|---|---|---|
| 256 | Direction to States | ❌ No | Binding directives |
| 258 | Delegation to States | ✅ Yes (258(1)) / ❌ No (258(2)) | Based on cooperation |
🧭 Key Takeaway:
Article 258 is a tool for cooperative federalism.
It allows the Union to efficiently use the machinery of the State, especially in areas like environmental law enforcement, disaster management, and central schemes.
Courts have upheld the validity of such delegation, provided it's within constitutional bounds.
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