Article 257 of CoI : Article 257: Control of the Union over States in certain cases.
CoI
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Explanation using Example
Example 1:
Scenario: National Highway Construction
The Government of India decides to construct a new national highway that will pass through multiple states, including the state of Maharashtra. The highway is deemed to be of national importance for improving connectivity and boosting economic activities.
Application of Article 257:
- The Union Government issues a direction to the Maharashtra state government to assist in the construction and maintenance of the highway.
- The state government must ensure that its executive power does not impede the construction process.
- If the state incurs additional costs due to this direction, such as land acquisition or additional infrastructure development, the Government of India will compensate Maharashtra for these extra costs. If there is a disagreement on the amount, an arbitrator appointed by the Chief Justice of India will determine the compensation.
Example 2:
Scenario: Protection of Railways
There have been several incidents of vandalism and theft on railway properties in the state of West Bengal, affecting the safety and efficiency of railway operations.
Application of Article 257:
- The Union Government directs the West Bengal state government to implement specific security measures to protect the railways within the state.
- The state government must comply with these directions and take necessary actions, such as increasing police patrols or installing surveillance systems.
- If the state incurs additional costs beyond its normal duties due to these security measures, the Government of India will reimburse West Bengal for the extra expenses. If there is a dispute over the reimbursement amount, an arbitrator appointed by the Chief Justice of India will resolve the issue.
Example 3:
Scenario: Maintenance of Communication Infrastructure
The Union Government identifies a particular bridge in the state of Kerala as being of military importance, crucial for the movement of defense personnel and equipment.
Application of Article 257:
- The Union Government directs the Kerala state government to prioritize the maintenance and repair of this bridge.
- The state government must ensure that its executive actions do not hinder the maintenance work and must comply with the Union's directions.
- If Kerala incurs additional costs for maintaining the bridge as per the Union's directions, the Government of India will compensate the state for these extra expenses. If there is no agreement on the compensation amount, an arbitrator appointed by the Chief Justice of India will determine the appropriate sum.
Example 4:
Scenario: Declaring a Waterway as National Waterway
The Union Government decides to declare a major river in the state of Assam as a national waterway to enhance inland water transport and boost trade.
Application of Article 257:
- The Union Government issues a direction to the Assam state government to assist in the development and maintenance of the waterway.
- The state government must ensure that its executive power does not obstruct the development process.
- If Assam incurs additional costs due to this direction, such as dredging the river or building new infrastructure, the Government of India will compensate the state for these extra costs. If there is a disagreement on the amount, an arbitrator appointed by the Chief Justice of India will determine the compensation.