सं Samvidhan

The Constitution of India

Article 258

Power of the Union to confer powers, etc, on States in certain cases

Why this exists

India's Constitution splits subjects between Union and State lists, but practical administration often needs local hands and offices that only States have on the ground. Borrowing from similar 'delegation of functions' provisions in the Government of India Act, 1935, Article 258 lets the Union rely on State machinery for Union tasks — either through a one-off Presidential arrangement needing State consent (clause 1), or automatically through a Parliamentary law (clause 2) — while making sure States aren't left paying the Centre's bills (clause 3).

How courts read it

In Jayantilal Amratlal Shodhan v. F.N. Rana (1964), the Supreme Court upheld a notification entrusting the Union Government's land-acquisition functions under the Land Acquisition Act to State Governments and their officers under Article 258(1). The Court held that 'functions' in clause (1) covers even quasi-judicial administrative powers of the Union executive, and that entrustment can validly extend to officers, not just the State Government as such — confirming Article 258 as a genuine tool of administrative federalism rather than a narrow, symbolic power.

Common misconceptions
  • Myth: The Union can force any State to do its work under Article 258 without asking.
    Fact: Under clause (1), the President needs the State Government's consent before entrusting Union functions to it.
  • Myth: States never have to help with Union laws unless the Union pays first.
    Fact: Under clause (2), a Parliamentary law can impose duties on States automatically, without needing prior consent — payment for extra costs under clause (3) is a separate, later entitlement.