Under the Constitution of India, in which manner can the President assign any of the executive functions of the Union Government to a State Government?

Difficulty: Medium

Correct Answer: In consultation with the Government of the State

Explanation:


Introduction / Context:
This question examines knowledge of Centre State relations and the distribution of executive powers under the Constitution of India. Article 258 provides a mechanism by which the President can entrust Union functions to State authorities. Understanding the exact requirement of consent in this provision is important for analysing how Indian federalism works in practice and how cooperation between the Union and the States is achieved.


Given Data / Assumptions:

  • The subject is assignment of Union executive functions to a State Government.
  • The authority who can make such assignment is the President of India.
  • The question asks about the manner or condition under which this assignment can be done.
  • Options mention discretion and different forms of consultation.


Concept / Approach:
Article 258 states that the President may, with the consent of the Government of a State, entrust to that Government or its officers functions in relation to any matter to which the executive power of the Union extends. This shows two key ideas. First, the initiative comes from the Union through the President. Second, this cannot be imposed unilaterally and needs the agreement of the State executive, that is the Council of Ministers of that State through its Government. Therefore, the correct option must reflect consultation or consent of the State Government, not the Governor or judiciary and not unilateral discretion.


Step-by-Step Solution:
Step 1: Recall that Article 258 governs entrustment of Union functions to States. Step 2: Remember the phrase with the consent of the Government of the State, which appears in this Article. Step 3: Match this phrase with the options given, focusing on Government of the State rather than Governor. Step 4: Reject any option suggesting unfettered presidential discretion because the Constitution requires consent. Step 5: Select the option that states in consultation with the Government of the State as the closest expression of this requirement.


Verification / Alternative check:
A quick way to verify is to connect the word Government with the elected executive of the State, meaning the Council of Ministers headed by the Chief Minister. The Governor is a separate constitutional authority who acts on the aid and advice of the Council of Ministers in most cases. Since Article 258 emphasises consent of the State Government, involvement of the judiciary or independent presidential discretion does not fit the constitutional design of cooperative federalism. Reading a standard commentary on Indian polity will confirm this interpretation.


Why Other Options Are Wrong:
Acting in consultation with the Chief Justice of India relates to judicial appointments and some special references to the Supreme Court, not to executive entrustment of functions. Consultation with the State Governor alone is misleading because the Governor usually acts on the advice of the Council of Ministers, and the Article speaks of the Government of the State. Acting purely in presidential discretion would undermine State autonomy and contradict the requirement of consent. Therefore, these options do not reflect the constitutional text correctly.


Common Pitfalls:
Candidates sometimes think that the President can act alone in matters related to Union powers and therefore choose the discretion option. Others confuse the Governor with the Government of the State and forget that the real executive power is exercised by the Council of Ministers. To avoid such mistakes, it is important to carefully read the exact wording of constitutional provisions and differentiate between formal heads and real executives at both Union and State levels.


Final Answer:
The President can assign Union executive functions to a State Government only in consultation with the Government of the State, that is, with its consent under Article 258.

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