Introduction
The Inter-State Council, as outlined in Article 263 of the Indian Constitution, serves as a platform for fostering cooperation and coordination among the states and between the Centre and the states. It provides a forum for discussing issues of common interest, promoting interstate harmony, and addressing matters that affect the unity and integrity of India. The council plays a crucial role in facilitating dialogue and collaboration between different levels of government, contributing to the effective functioning of the federal structure in India.
Establishment and Function of Inter-State Council
Status |
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Establishment(Article 263) |
- The President can establish a council through an order and define the duties, organization and procedure.
- It was set up for the first time in 1990 through a Presidential order as per the recommendations of the Sarkaria Commission (on Inter-State Relations).
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Purpose and
Functions |
- If the President believes it would benefit the public interest, a council may be formed
- a) To enquire and advise upon inter-state disputes (Complimentary to SC’s jurisdiction under Art.131).
- b) Investigating & discussing subjects in which states or the Centre and the states have a common interest.
- c) Recommending on any matter for better coordination of policy & action.
- Scope: The Council can deal with any controversy whether legal or non-legal but its decisions are advisory and not binding.
|
Sarkaria
Commission
Recommendation |
- Establishment of a permanent Inter-State Council under Article 263 of the Constitution.
- To differentiate the Inter-State Council from other bodies established under the same Article 263, known as the Inter-Governmental Council (IGC).
- The IGC’s responsibilities, excluding socio-economic planning and development, should encompass those outlined in clauses (b) and (c) of Article 263.
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Composition |
- PM as Chairman + CMs of all states + CMs of all UTs having legislative assemblies + Administrators of all UTs not having Legislative Assemblies + Governors of states under President’s Rule + Six Central Cabinet Minister including Home Minister (Nominated by PM) + Five ministers of cabinet rank/ Minister of State (Independent Charge) nominated by PM are permanent invitees.
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Meetings |
- The council may meet at least thrice in a year.
- All questions are decided by consensus.
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Standing Committee of the Council |
- Set up in 1996 for continuous consultation and processing of matters for the consideration of the council.
- Members of the Committee: Union Home Minister as Chairman + Five Union Cabinet Ministers + Nine CMs.
- The Council is assisted by the Inter-State Council Secretariat (Set up in 1991). It is headed by Secretary to the Government of India.
- Since 2011, it is also functioning as the secretariat of the Zonal Councils.
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Established Councils. |
- Council set up under Article 263, the President has instituted the following
councils to provide recommendations for enhanced coordination of policy and
Action
- Central Council of Health.
- Central Council of Local Government and Urban Development.
- Four Regional Councils for Sales Tax for the Northern, Eastern, Western and Southern Zones.
- Council set up under the Acts of Parliament.
- Central Council of Indian Medicine.
- Central Council of Homoeopathy.
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Inter-State Trade & Commerce: Articles 301 to 307
Article |
Description |
301 |
- Trade, commerce, and intercourse throughout the country shall be free.
- This freedom is applicable to both inter-state and intra-state trade and commerce.
|
302 |
Provides for restrictions:
- Parliament can impose restrictions on the above freedom in public interest.
- Parliament cannot discriminate between states except in the case of scarcity of goods in any part of India.
|
303 |
- State legislatures can impose restrictions within that state in public interest.
- For such a bill previous sanction of the President is required.
- States cannot discriminate between states.
|
304 |
- States can impose any tax on goods imported from another state or UT if similar goods are manufactured in that state.
- This provision prohibits the imposition of discriminatory taxes by the state.
|
305 |
- The freedom (under Art.301) is subject to nationalization laws.
- Parliament or state law can provide a monopoly in favor of the Centre or State.
- Such laws can exclude citizens or others completely or partially from carrying such trade.
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Appropriate Authority |
- Parliament can appoint an appropriate authority for carrying out the purposes of the above provisions relating to the freedom of trade, commerce and intercourse and restrictions on it.
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Article 261: Public Acts, Records and Judicial Proceedings
- Full faith & credit: is given to public acts, records and judicial proceedings of the Centre and States throughout the country.
- Public Act: Expression ‘public acts’ includes both legislative and executive acts of the government and ‘public record’ includes any official book, register or record made by a public servant in the discharge of his official duties.
- Parliamentary Authority: Parliament, by law, will determine the manner in which and the conditions under which such acts, records and proceedings are to be proved and their effect determined.
- Execution of Civil Judgments: Final judgments & orders of civil courts in any part of India are capable of execution anywhere within India.
- This rule applies to civil judgments and not to criminal judgments.
Conclusion
- The Inter-State Council plays a pivotal role in promoting cooperation and coordination among states and between the Centre and states in India.
- Established under Article 263 of the Constitution, it serves as a platform for discussing matters of common interest, resolving disputes, and making recommendations for better policy coordination.
- The council contributes to the effective functioning of the federal structure and facilitates the pursuit of collective goals for the nation’s development.