Part XI · General
Article 257 Control of the Union over States in certain cases.
This article lets the Union direct the States. The executive power of every State must not impede the Union's executive power. The Union may give States directions it deems necessary for that purpose. Directions cover the construction of railways and national highways of Union importance. The costs of such directions are borne as agreed.
- (1) The executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, 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.
- (2) The executive power of the Union shall also extend to the giving of directions to a State as to the construction and maintenance of means of communication declared in the direction to be of national or military importance: Provided that nothing in this clause shall be taken as restricting the power of Parliament to declare highways or waterways to be national highways or national waterways or the power of the Union with respect to the highways or waterways so declared or the power of the Union to construct and maintain means of communication as part of its functions with respect to naval, military and air force works.
- (3) The executive power of the Union shall also extend to the giving of directions to a State as to the measures to be taken for the protection of the railways within the State.
- (4) Where in carrying out any direction given to a State under clause (2) as to the construction or maintenance of any means of communication or under clause (3) as to the measures to be taken for the protection of any railway, costs have been incurred in excess of those which would have been incurred in the discharge of the normal duties of the State if such direction had not been given, 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 the extra costs so incurred by the State.
What it means
Plain words summary of the article above. Not legal advice.
This article lets the Union direct the States. The executive power of every State must not impede the Union's executive power. The Union may give States directions it deems necessary for that purpose. Directions cover the construction of railways and national highways of Union importance. The costs of such directions are borne as agreed. Persistent default permits the President to treat it as a constitutional breakdown under article 356.