Article 258

Union Entrustment of Executive Functions to States

Official heading: “Power of the Union to confer powers, etc., on States in certain cases”

Check this article against the official editionAwaiting human legal review

Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part XI, Article 258, printed page 153
Last human source-link check: Not yet checked
Last human legal review: Not yet reviewed

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1. In One Sentence

Authorizes the President, with a State government’s consent, or Parliament by law, to entrust Union executive functions to that State or its officers.

2. What It Means in Everyday Language

Article 258 allows the Union to delegate its administrative and executive responsibilities to State governments and their officers.

Under clause (1), the President may, with the consent of the State Government, entrust conditionally or unconditionally to that Government or its officers functions in relation to any matter to which the Union’s executive power extends.

Under clause (2), Parliament may enact a law on a Union subject and confer powers or impose duties directly upon a State or its officers, even without the State’s prior consent.

Under clause (3), the Government of India must compensate the State for any extra administrative costs incurred in discharging those delegated federal duties.

3. Practical Illustrative Example

Everyday Scenario:

Parliament passes a Central passport, citizenship, or arms act and designates District Magistrates (state officers) to receive applications and verify documents.

Core takeaway: Under Article 258(2), Parliament validly uses the state administrative machinery to execute federal law, with the Union reimbursing extra costs under clause (3).

Illustrative Notice: If the Union and State fail to agree on the extra cost amount, it is determined by an arbitrator appointed by the Chief Justice of India.

4. Important Limits, Qualifications & Exceptions

Article 258 enables executive inter-governmental delegation to prevent duplicative federal bureaucracy.

Presidential delegation with consent: Executive delegation by the President requires State Government agreement.
Statutory delegation by Parliament: Parliamentary legislation can impose duties on state officers without state consent.
Mandatory financial reimbursement: The Union must pay for additional administrative expenditure incurred.

5. Operative Constitutional Text

(1) Notwithstanding anything in this Constitution, the President may, with the consent of the Government of a State, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the Union extends. (2) A law made by Parliament which applies in any State may, notwithstanding that it relates to a matter with respect to which the Legislature of the State has no power to make laws, confer powers and impose duties, or authorise the conferring of powers and the imposition of duties, upon the State or officers and authorities thereof. (3) Where by virtue of this article powers and duties have been conferred or imposed upon a State or officers or authorities thereof, 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 any extra costs of administration incurred by the State in connection with the exercise of those powers and duties.

Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata

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Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
Government of India (Legislative Department, Ministry of Law and Justice) • Part XI, Article 258, printed page 153 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource