Evaluate the constitutional provisions relating to administrative relation between the Union and the State with special emphasis on inter-governmental delegation of administrative power.

Constitutional Framework of Union-State Administrative Relations

The Indian Constitution delineates legislative, executive, and judicial powers between the Union and the States. Article 1 defines the territories of the Union and States. Article 245 deals with the power of Parliament and State legislatures to make laws. However, administrative power isn't explicitly defined but is inherent in the executive functions delegated by these laws. The Seventh Schedule categorizes subjects into Union, State, and Concurrent lists, impacting administrative control. For instance, Public Health and Sanitation are State subjects, while Defence and Foreign Affairs are Union subjects.

Cooperative Federalism and Inter-State Council

The concept of cooperative federalism, though not explicitly mentioned in the Constitution, is the underlying principle governing Union-State relations. The Inter-State Council, established under Article 263, aims to promote harmony and coordination between states and the Union. It provides a forum for discussing inter-state disputes and policy issues. However, its effectiveness has been limited due to infrequent meetings and a lack of binding decisions. The NITI Aayog also plays a role in promoting collaborative policymaking.

Delegation of Administrative Power: Constitutional Basis

The question of delegation of administrative power between the Union and States is a critical aspect of Indian federalism. While the Constitution primarily vests executive power in the elected governments, there are provisions that allow for delegation:

• Article 268: Deals with the services of the Union, which can be extended to the States with the consent of the State. This allows for the implementation of centrally sponsored schemes and other programs requiring joint administrative action.
• Article 365: Enables Parliament to assume legislative and executive powers of a State in certain circumstances (failure to comply with constitutional provisions, breakdown of constitutional machinery). While primarily legislative, it carries significant administrative implications.
• Delegated Legislation: Both Parliament and State legislatures can delegate legislative power to executive bodies through Acts. This allows for the creation of rules, regulations, and notifications that have administrative force. However, this delegation must adhere to the principle of natural justice and be within the scope of the enabling Act.

Challenges and Concerns Regarding Delegation

While delegation is necessary for efficient governance, it poses several challenges:

• Overcentralization: Excessive delegation of administrative power to the Union can undermine State autonomy and lead to resentment.
• Lack of Accountability: Delegated legislation can be opaque and lack parliamentary scrutiny, potentially leading to arbitrary decision-making.
• Duplication and Conflict: Overlapping jurisdictions and conflicting administrative actions between the Union and States can create confusion and inefficiency.
• GST Implementation Challenges: The GST Council, a constitutional body, exemplifies inter-governmental delegation. However, disagreements over revenue sharing and implementation procedures often arise, highlighting the complexities of shared administrative power.

Case Study: Centrally Sponsored Schemes (CSS)

Centrally Sponsored Schemes (CSS) are a prime example of inter-governmental delegation of administrative power. The Union government provides funding and guidelines, while the State governments are responsible for implementation. However, States often complain about the lack of flexibility in CSS design and the imposition of conditions that undermine their autonomy. The 14th Finance Commission (2015) recommended increasing the share of tax revenues devolved to States to reduce dependence on CSS, but this recommendation hasn't been fully implemented. The 2021-26 CSS framework aimed to increase State autonomy but challenges remain in actual implementation.

Reforms and Strengthening Inter-Governmental Cooperation

To strengthen administrative relations, the following reforms are crucial:

• Enhanced Inter-State Council Functioning: Regular meetings and a more effective mechanism for resolving inter-state disputes.
• Greater Flexibility in CSS Design: Allowing States more autonomy in tailoring CSS to their specific needs.
• Strengthening Local Governments: Decentralizing administrative power to Panchayats and Municipalities to improve governance at the grassroots level.
• Promoting Digital Governance: Utilizing technology to improve transparency and efficiency in administrative processes.
• Reviewing Article 365: To ensure its application is judicious and doesn’t unduly infringe upon State autonomy.

Provision	Description	Administrative Implications
Article 268	Services of the Union extended to States	Facilitates centrally sponsored schemes.
Article 365	Parliament assumes State powers	Significant executive power transfer in exceptional circumstances.