All You Need To Know About Inter-state Council [article-263]

  • Last Updated : 01-Jul-2023
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All You Need To Know About Inter-State Council [Article-263]

Introduction

An Inter-State Council (ISC) may be established in accordance with Article 263 of the Indian Constitution "if it appears to the President at any time that the public interests would be served by the institution of a Council." On May 28, 1990, the Sarkaria Commission was established by presidential proclamation. The Inter State Council consists of various procedures and discussion areas.
 

Provisions of The Constitution of The Inter State Council:

•    In addition to providing advice on disputes, the President's authority to create Inter-State Councils may be used to look into and discuss issues where some or all of the States or the Union and one or more of the States or the Union have a shared interest in order to better coordinate policy and action.
 
•    In 1990, a Presidential Order was issued establishing the Inter-State Council in accordance with Article 263 of the Constitution, in response to the Sarkaria Commission's recommendations.
 
•    The Inter-State Council is a legally recognized institution.
 
•    Whereas Article 131 grants the Supreme Court exclusive authority and permits the judicial adjudication of interstate disputes.
 
•    One category of such disputes may be decided by an extrajudicial tribunal under Article 262.
 
•    Although Article 263 calls on administrative bodies to conduct investigations and make recommendations in order to avert interstate disputes.
 

Inter State Council: Members

•    The prime minister serves as the council's chair.
 
•    Ministers in chief of the states and union territories with legislatures.
 
•    Legislative Assemblies are not present in the administration of Union territory.
 
•    Governors of states governed by the President.
 
•    Two Ministers of Cabinet with rank in the Union Council of Ministers are to be nominated by the Prime Minister as permanent invitees, and six Ministers of Cabinet with status in the Union Council of Ministers will be nominated by him.
 

What Distinguishes The Inter-State Council From The Finance Commission And Gst Council?

All You Need To Know About Inter-State Council [Article-263]
•    The Inter-State Council differs significantly from the new GST council in that its members are state finance ministers, not their elected political heads, as is the case with the GST council.
 
•    Furthermore, it is distinct from the Finance Commission, whose technocrat members are responsible with developing a framework for the allocation of taxes.
 
•    It is significant to note that the Constitution's very first justification for establishing the institution is that it will be helpful for "inquiring into and advising upon disputes which may have arisen between states."
 
•    The other two are to talk about issues that interest all the parts of the Indian union and to work out how to coordinate policy. 
 

Inter-State Council's Obligations:

If the President ever feels that the public might benefit from the creation of a council as they are tasked with the following responsibilities: 
•    Consider matters of general interest to the States that the Chairman refers to the council. It will have a dedicated Secretariat.
 
•    Researching and talking about issues when some or all of the States, the Union, and one or more of the States share a common interest, looking into and giving advice on potential state-to-state disputes.
 
•    Making suggestions on any such topic, and in particular suggestions for greater policy and action coordination with regard to that topic.
 

Inter-State Council's Present Situation:

•    It is essential to reevaluate center-state relations due to the growing water and border disputes, dissatisfaction with the operation of extra-constitutional bodies like the National Development Council and National Integration Council, the decline of the Finance Commission, Inter-State Council, and Zonal Council, the exclusive authority of the Centre to negotiate with foreign governments and funding agencies, and the declining role of the Finance Commission.
 
•    The Administrative Reforms Commission, the P.V. Rajamannar Committee, and the Sarkaria Commission are among the Committees and Commissions that have recommended various solutions to end this torturous condition of nature.
 

Meetings of Inter-State Council:

•    The Sarkaria Commission's proposals, as they had been put together by the Sub-committee, received widespread support from the Council during its second meeting. The Inter-State Council decided to create a Standing Committee at the same meeting in order to hold ongoing consultations and process all issues brought before the Inter-State Council. The Standing Committee was subsequently established via notification dated December 5, 1996.
 
•    The Chairman of the Standing Committee is the Union Home Minister, while the other members are five Cabinet-level Union ministers and nine chief ministers who have been chosen by the Inter-State Council Chairman.
 

10th Inter-State Council Meeting

•    The Inter-State Council held its tenth meeting in 2006. In the course of its ten years in office, the UPA government only called two meetings.
 

11th Inter-State Council Meeting

The Prime Minister presided over the Inter-State Council's 11th meeting in 2016, which was held in Rashtrapati Bhavan in New Delhi. The following items on the agenda were spoken about:
•    The Punchhi Commission on Centre-State Relations' suggestions are being taken into consideration.
 
•    Aadhaar is used as an identification for public services, benefits, and subsidies.
 
•    Enhancing the quality of education with an emphasis on greater learning outcomes, performance incentives, etc.
 
•    Internal Security with a focus on coordination and intelligence sharing to combat terrorism and insurgency, as well as police reforms and modernization.
 

Other Forms of Council

Zonal Council

•    The first Prime Minister of India, Pandit Jawahar Lal Nehru, proposed the idea of creating Zonal Councils in 1956 during discussion of the States Reorganization Commission's report. He suggested that the proposed reorganized States could be divided into four or five zones, each with an advisory council, "to develop the habit of cooperative working" among these States.
 

National Development Council

All You Need To Know About Inter-State Council [Article-263]
•    It was established in 1952.
•    It is the top body for deliberating and making decisions regarding development-related issues.
 
•    Its members include Union Ministers, Chief Ministers of all States and UTs, Administrators of Union Territories, and Members of the Planning Commission. It is presided over by the Prime Minister of India.
 
•    The Council's responsibilities include: prescribing guidelines for the formulation of the National Plan, including the assessment of resources for the Plan, considering the National Plan as developed by the Planning Commission, considering significant issues of social and economic policy affecting national development, periodically reviewing the operation of the Plan and recommending measures needed to meet its objectives. 
 

Conclusion

The Inter-State Council has only convened 12 times since it was founded in 1990, which is a sobering fact. After a ten-year break between the 10th meeting in 2006 and the 11th meeting in 2016, the council reconvened in November 2017. The Inter-State Council must first establish a regular meeting schedule if it is to become the main body for settling inter-state disputes.

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