Law and You > Constitutional Law > The Inter-State Council (Art. 263)
The Inter-State Council (ISC) is a recommendatory body empower to discuss and investigate subjects of common interest between the Union and a state or among states. The idea of setting the Council is to develop the Council Secretariat as a vibrant organization to support Centre-State and Inter-State coordination and cooperation in India. The Sarkaria Commission in 1988 suggested that an Inter State Council should exist as a permanent body, and in 1990 it came into existence through a Presidential Order.
Constitutional Provisions of Inter-State Council:
- The Council can be considered a constitutional body as it is composed of Members of States and is established under Article 263 of the Constitution by the president.
- Despite the Supreme Court’s exclusive authority under article 131, Inter-State conflicts can be resolved by the judiciary.
- Extrajudicial tribunals may adjudicate one type of such issue under Article 262.
- Article 263 of the Indian Constitution provides for the investigation
Objectives of ISC:
- Create a strong institutional framework to promote and support cooperative federalism in the country.
- Activate the Inter-State Council and Zonal Councils by organizing its regular meetings.
- Facilitate consideration of all pending and emerging issues of Centre State and Inter-State relations by the Zonal Councils and Inter- State Council.
- Develop a sound system of monitoring the implementation of the recommendations of the Inter-State Council and Zonal Councils.
Significance of the ISC:
- In a decentralized polity where the interaction between several levels of government is significant, the Inter-State council is an essential preliminary step.
- It helps in resolving disputes.
- It plays a role as a forum for conversation and debate between the centre and the states or among different states.
- It provides an ideal environment for discussing the needs of the people, dealing with their issues, and making decisions that benefit everyone.
- It helps in bridging the gap in trust between the federal government and the states.
- It has constitutional support.
- The necessity for conversation becomes more critical when coalition governments are in charge of the central government and individual states.
- The council also serves as a vehicle for fostering trust between the two administrative units, much like interactions between states, the centre, and union territories.
- In the event of a crisis, it aids in maintaining amicable relations between the colliding parties.
- The Centre has the authority to engage with other governments, and sponsoring organizations.
Constitution of Inter-State Council:
The Inter-State Council consists of the following members:
- The Prime Minister as a chairperson of the Council
- All states’ chief ministers
- All the Chief Ministers of union territories that have a Legislative Assembly
- Administrators of union territories do not have legislative authority.
- Governors of states under the President’s rule
- The Prime Minister is to nominate six central cabinet ministers, including a home minister.
- The chairman of the Council, that is the Prime Minister, can also nominate five ministers of the cabinet rank or minister of state (independent charge) as permanent invitees to the Council.
Functions of Inter-State Council:
- Investigating and offering guidance regarding potential issues between the States.
- Create a solid institutional foundation for cooperative federalism in the nation. And by holding regular meetings, activate the council and zonal councils.
- It looks at and talks about issues that interest all the states in the union.
- It makes recommendations on any such topic for better policy concerning that topic.
- Creates a sound system to track the application of the recommendations they make.
Standing Committees of Inter-State Council:
The standing committee of the Inter-State Council for the continuous consultation and processing of matters for the consideration of the Council was set up in 1996 and consists of the following members:
- Union Home Minister as chairman,
- Five Cabinet-level Union Ministers
- Nine Chief Ministers
There is also an Inter-State Council Secretariat which was set up in 1991 headed by the Secretary of the Government of India to assist the Inter-State Council. It has also functioned as the secretariat of the Zonal Council since 2011.
Bodies under Inter-State Council:
The Zonal Council:
The zonal council is a statutory body, which works under the Inter-State Council. There are five zonal councils established by the State Reorganization Act of 1956 to develop the habit of cooperative working. The Act divided the country into five zones- Northern, Central, Eastern, Western and Southern and provided a zonal council for each zone. While forming these zones, several factors have been taken into account which include: the natural divisions of the country, the river systems and means of communication, the cultural and linguistic affinity and the requirements of economic development, security and law and order. North Eastern Council, was set up under the North Eastern Council Act, 1972. The five zonal councils are as follows:
- The Northern Zonal Council: It comprises Jammu and Kashmir, Himachal Pradesh, Haryana, Punjab, Rajasthan, Delhi, and Chandigarh.
- The Eastern Zonal Council: It comprises Bihar, Jharkhand, West Bengal, and Odisha
- The Western Zonal Council: It comprises Gujarat, Maharashtra, Goa, Dadar and Nagar Haveli, and Daman and Diu
- The Southern Zonal Council: It comprises Andhra Pradesh, Karnataka, Tamilnadu, Kerala, and Puducherry.
- The North-Eastern Zonal Council: It comprises Assam, Arunachal Pradesh, Manipur, Mizoram, Nagaland, Meghalaya, Tripura, and Sikkim.
Constitution of Zonal Councils:
Every Zonal Council is comprised of the following members:
- Home Minister of a central government
- All state chief ministers in the zone
- Two other ministers from each state in the zone.
- The administrator of each UT in the zone
Inter-State Trade and Commerce Council:
Articles 301 to 307 of the Constitution deals with the trade, commerce and intercourse within the territory of India. It is dealt in the Part XIII of the Constitution.
Inter-State Water Disputes:
Article 262 provides that Parliament will decide on the jurisdiction of any dispute involving the use or control of water in an interstate river or interstate river valley. Parliament accordingly passed the River Board Act 1956 and the Inter-State Water Dispute Act 1956. The Inter-State Water Dispute Act empowers the Centre to establish an Ad Hoc Tribunal and the advice given by the tribunal shall be binding and final. The Inter-State Water Dispute Ad Hoc tribunal are:
- Krishna Tribunal
- Kaveri Tribunal
- Narmada Tribunal
- Godavari Tribunal
Conclusion:
The Inter-State Council is a constitutional body in India that facilitates coordination between states and the central government. It was established under Article 263 of the Indian Constitution. The council serves as a platform for discussing and resolving issues that involve both the states and the central government. It helps in promoting better cooperation and understanding between the states and the centre, thereby fostering the spirit of cooperative federalism. The council is chaired by the Prime Minister of India, and its members include the Chief Ministers of all states and union territories, as well as other central ministers and officials. Its meetings provide an opportunity for the participants to exchange views, share experiences, and work together towards common goals for the nation’s development.