Distribution of Executive Powers

• The division of executive power follows the distribution of legislative powers, with some exceptions.

• Centre's Executive Power: Extends to matters in the Union List and rights conferred by treaties or agreements.

• State's Executive Power: Extends to matters in the State List.

• For subjects in the Concurrent List, states hold executive power unless specifically assigned to the Centre by the Constitution or parliamentary law.

• States execute laws on concurrent subjects enacted by Parliament unless directed otherwise by the Constitution or Parliament.

Obligations of States and the Centre

• State Obligation: States must comply with laws made by Parliament and any existing laws applicable in the state.

• Centre's Executive Power: States must not impede or prejudice the exercise of the Centre's executive power within the state.

• Article 365: If a state fails to comply with directions from the Centre, the President may declare that the state government cannot function according to the Constitution, potentially leading to President's rule (Article 356).

Centre’s Directions to the States

• These directives fall under the coercive powers of the Centre as outlined in Article 365.

Cooperation Between the Centre and States

• Water Disputes: Parliament can legislate on the adjudication of disputes over the use, distribution, and control of inter-state waters and river valleys.

• Inter-State Council: The President can establish this council (Article 263) to discuss subjects of common interest between the Centre and states. It was set up in 1990.

• Full Faith and Credit: All public acts, records, and judicial proceedings of the Centre and states must be recognized across India.

• Interstate Trade and Commerce: Parliament can appoint an appropriate authority for regulating interstate trade and commerce, though no such authority has been appointed yet.