Inter state council
- Article 263 of the Indian Constitution establishes the Inter-State Council (ISC).
- The Council was created by presidential decree on May 28, 1990, in response to the Sarkaria Commission's recommendations.
- It is a quasi-federal, advisory, and constitutional body. The prime minister serves as its chairman.
- The Council should meet at least three times per year.
Composition:
- Prime Minister as Chairman
- Chief Ministers of all States Members
- Members include the Governors of States subject to the President's Rule and the Chief Ministers of Union Territories with Legislative Assemblies and Administrators of UTs without Legislative Assemblies.
- The Union Council of Ministers comprises six Cabinet ministers whom the Prime Minister's members nominate.
Functions
- Provide a solid institutional foundation for cooperative federalism in the nation, and activate the Council and zonal councils by holding regular meetings.
- Enables the zonal and inter-state councils to consider all open and new issues of centre-state and inter-state relations.
- Creates a sound system to track the application of the recommendations they make.
Significance
- The interstate Council is a crucial first step in a decentralized polity where the interaction between various levels of government is critical.
- There are numerous conflicts between the two governments that the Inter-State Council is involved in. It assists in resolving problems.
- It functions as a place for discussion and debate. It also makes the central and state governments more accountable for their actions.
- The Council helps reduce the trust deficit between the central and state governments. If not always a problem solver, it served as a safety valve.
- Unlike similar centre-state collaboration forums like NITI Aayog, the Inter-State Council has constitutional backing, giving the states a stronger position.
- When numerous political parties control the federal government and various states, the need for dialogue becomes more pressing. Through this platform, states can express their concerns.
- Similar to exchanges between states, the Centre, and union territories, the Council likewise develops confidence between the two administrative entities.
- The Inter-State Council assists in preserving cordial ties between the two in times of crisis. The desires of the states must be taken into consideration by the central.
- The Centre has the authority to engage with other governments and sponsored groups. The Inter-State Council will provide a forum for doing so.
Shortcomings of inter-council
- The Council's underutilization is one of the most serious challenges. The Council has only had ten meetings in the last 22 years and has moved slowly toward resolving inter-State conflicts.
- It serves as a consultative body and has no duties to the state or federal government. Governments usually disobey their recommendations as a result.
- It needs both the administrative and technical expertise, as well as the autonomy necessary for efficient functioning. The Council is less cooperative and participatory because civil society is not included there.
- There is no permanent constitutional body like the Inter-state council. The President has the right to create this Council at any time if he believes doing so will benefit the public.
Standing Committee of ISC
- It was established in 1996 to facilitate ongoing discussion and the processing of issues for the Council to consider.
- Its constituents are as follows:
- Union Home Minister serving as Chairman
- Five Ministers of the Union Cabinet
- Nine Chief Ministers
- The Inter-State Council Secretariat provides support to the Council.
- A secretary to the Government of India is in charge of this secretariat, established in 1991. It has been serving as the Zonal Councils' secretariat since 2011.
Functions of the standing committee of ISC
- The standing committee will be in constant communication with the interstate Council and will process all matters relevant to centre-state relations before they are brought up for discussion there.
- The standing committee also examines any additional matters presented to it by the chairman of the Council and the execution of decisions made based on the Council's recommendations.
Bodies that Promote Interstate Relations
- Zonal council
- The Zonal Councils are the statutory bodies. The States Reorganisation Act of 1956, a Parliamentary Act, established them.
- The act established a zonal council for the five zones—Northern, Central, Eastern, Western, and Southern—and divided the nation into them.
- The country's natural divides, river systems, communication routes, cultural and linguistic affinities, and the need for law and order, security, and economic development have all been considered when establishing these zones.
- Inter-State Water Disputes:
- Article 262 of the Constitution provides for the adjudication of interstate water issues.
- It establishes two rules:
- The usage, distribution, and control of any interstate river's and river valley's waters may be subject to dispute resolution under laws enacted by Parliament.
- Parliament may further stipulate that no other court, including the Supreme Court, has jurisdiction over any such dispute or complaint.
- Inter-State Trade and Commerce:
- Part XIII of the Constitution's Articles 301 to 307 address trade, commerce, and intercourse within Indian territory.
Way forward
- The Inter-State Council was established to facilitate cooperation between States on issues such as river water disputes, problems with the placement, financing, and execution of large-scale projects, ecosystem management, the expansion of tourism, etc. The Council has yet to be able to make much progress on these fronts. It must therefore be strengthened in order to fulfil its goal.
- The Council must meet regularly and for a predetermined amount of time to adequately handle the problems and difficulties specific to the time.
- Under Article 263, the Council needs more authority and jurisdiction than an advisory body.
- The Council should include experts from law, business, finance and economics, and political science, in addition to the All India Services cadre.
- The Council should be established as a permanent organization was one of the main recommendations of the Sarkaria Commission.
- A regular meeting schedule must first be established for the Inter-State Council to become the primary organization for resolving inter-state conflicts.
- It must be improved as a forum for discussions between the central government and the states on administrative, political, and legislative problems.
- To reflect their representations, the Inter-State Council should increase the representation of NGOs, businesses, and subject-matter specialists.
