📜 Article 258 of the Indian Constitution
Title: Power of the Union to confer powers, etc., on States in certain cases
Part XI – Relations Between the Union and the States
Chapter II – Administrative Relations
🔹 Text Summary of Article 258:
The President may, with the consent of a State Government, assign to that State any executive function of the Union in relation to which Parliament has the power to make laws.
It helps in administrative convenience and decentralization of Union responsibilities.
🧠 Key Clauses of Article 258:
| 🔢 Clause |
📘 Provision |
| (1) |
The President can entrust Union executive functions to a State Government, with its consent. |
| (2) |
Parliament may enact laws allowing State officers or authorities to carry out Union functions (even without consent). |
| (3) |
Any power assigned under this article may also include provision for funding (costs, grants, etc.) for those responsibilities. |
🧪 Example of Article 258 in Action:
| 🧾 Scenario |
⚖️ Article 258 Use |
| Conduct of Aadhaar enrolment by State agencies on behalf of UIDAI (a Central authority) |
Article 258(1) |
| Delegating passport verification to State police |
Article 258(1) |
| Law empowering State officers to collect central excise |
Article 258(2) |
🧩 Key Points:
| 🔍 Aspect |
✅ Details |
| 🏛️ Who assigns power? |
President of India |
| 🏢 To whom? |
State Governments, with consent |
| ⚖️ Type of power |
Union executive functions only |
| 🛠️ Via Law? |
Parliament can assign without consent via legislation (Clause 2) |
| 💰 Funding provision? |
Yes, Union can provide financial support under Clause 3 |
🔁 Related Articles:
| Article |
Topic |
| 256 |
States must comply with Union laws |
| 258A |
Reverse of 258 – States can entrust functions to Union |
| 73 |
Scope of Union’s executive powers |
🧠 In Simple Words:
Article 258 allows the Central Government to delegate some of its executive responsibilities to States, with their consent — for better administration, coordination, and use of local machinery.
Here is a 📊 Comparison Chart of Article 258 vs Article 258A of the Indian Constitution — both deal with mutual delegation of executive powers between the Union and States:
⚖️ Chart: Article 258 vs Article 258A
| 🔢 Aspect |
🟦 Article 258 |
🟩 Article 258A |
| 📘 Title |
Power of Union to confer powers on States |
Power of States to entrust functions to the Union |
| 🏛️ Who gives power? |
Union (President) |
State Governor (with State Legislature’s law) |
| 🧑🤝🧑 Who receives power? |
State Government / State officers |
Union Government / Union authorities |
| 📜 Consent needed? |
Yes, State must consent (under Clause 1) |
Yes, via law passed by State Legislature |
| ⚖️ Based on which power? |
Functions related to Union List or Parliament's domain |
Functions related to State List |
| 📄 Law needed? |
Not always – President can act via order |
Yes, State must make a law |
| 💰 Funding included? |
Yes, Clause 3 allows funding provision by Union |
Not specifically mentioned, but may be included in State law |
| 🧪 Example |
Passport verification by State police, Aadhaar enrolment |
State entrusting transport regulation to Union agency |
| 🚨 Nature |
Used for administrative decentralization |
Used for administrative centralization |
🧠 Key Summary:
| 🔄 Direction of Delegation |
🏛️ From |
🏢 To |
| Article 258 |
Union (President) |
States (with consent) |
| Article 258A |
State (by law) |
Union (with consent) |
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