State Vs Centre: Can the state government reject any order of the central government, know what are the rules?

State Vs Centre: In India’s federal system, power is divided between the center and the states. The Constitution clearly mentions situations where state governments have to follow the instructions of the Central Government. This question often arises during political differences between states and New Delhi. This makes it very important to understand whether a state can legally ignore the Centre’s order or not.

constitutional principles

Under the Indian Constitution, the state is not free to ignore or cancel the legal instructions issued by the central government. Article 256 makes it mandatory for every State to exercise its executive power in such a manner that the law made by the Parliament is followed. If the Center issues instructions to implement any parliamentary law, the state government is constitutionally bound to follow them.

limits on state power

Article 257 strengthens the central authority even more. According to Article 257, states cannot use their executive powers in a way that hinders or interferes with the executive power of the Union. This means that even if a state disagrees with any policy of the Centre, it cannot act in a way that hinders its functioning.

What will happen if a state does not listen to the Centre?

The Constitution prescribes serious consequences for persistent non-compliance. Under Article 365, if a state fails to follow or implement the instructions issued by the Central Government, then the President can conclude that the constitutional machinery in that state has failed. After this, President’s rule can be imposed in the state under Article 356.

Does any state have any legal remedy?

Although the states cannot directly ignore the orders of the Centre, they are not completely weak. If any state feels that the Center has exceeded its constitutional authority or usurped the powers of the state, then it can directly approach the Supreme Court under Article 131. This is the correct constitutional way to resolve such disputes.

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