Inter-State Border Disputes in India: Causes, Key Conflicts and Solutions

Inter State border disputes have long been a contentious issue in India, posing a significant challenge to cooperative federalism. These disputes stem from a variety of factors, including historical discrepancies, conflicting interpretations of colonial-era boundary demarcations, and disagreements over resource-rich territories. 

Inter-State Border Disputes in India: Challenges and Solutions

Understanding the Roots of Inter-State Conflicts

The origins of inter-State border disputes can be traced back to various factors, including:

• Reorganisation Considerations: The States Reorganisation Commission’s recommendations for State separation based on language sowed the seeds for territorial readjustments that later evolved into disputes.
• Linguistic Assertion: The reorganisation of States along linguistic lines in the 1950s fueled territorial claims from linguistic groups seeking their own Statehood or inclusion in existing States.
• Colonial Division: The demarcation of State boundaries often adhered to colonial-era district boundaries, leading to inconsistencies and disputes in the post-colonial era.
• Inequitable Resource Sharing: Territorial contests stem from unequal access to resources, particularly river waters, triggering disputes between States.
• Lack of Constitutional Mechanism: While Article 262 addresses inter-State water disputes, there is no similar provision for land disputes, creating a legal vacuum.
• Political Opportunism: The unresolved nature of disputes often serves as a political tool for parties to garner votes, hindering genuine efforts towards resolution.

Suggested Approaches for Dispute Resolution

To effectively address inter-State border disputes, a multi-pronged approach is needed:

• Embracing Federalism: The idea of an integrated India should supersede fragmented State interests, fostering a spirit of cooperation and understanding.
• Geo-Cultural Approach: Acknowledging the geo-cultural linkages of people in disputed areas can form the basis for unity and shared identity.
• Rational Regional Separation: Regional separation or division should prioritise local convenience, cultural linkages, and historical ties.

Parliament’s Role in Boundary Alterations

Parliamentary Authority: The Parliament holds the ultimate authority to make decisions regarding alterations to State boundaries. 

• However, this authority is not absolute and requires consultation with the concerned States, though their consent is not binding.
• Role of the Supreme Court: The Supreme Court plays a crucial role in adjudicating inter-State border disputes, providing a neutral forum for resolving these complex issues.

Key Inter-State Border Disputes in India

• Karnataka-Maharashtra: The Belgaum district, with its significant Marathi and Kannada-speaking populations, has been at the heart of a long-standing dispute between Karnataka and Maharashtra.
• Assam-Mizoram: The border dispute between Assam and Mizoram stems from discrepancies between two British-era notifications. 
  • Mizoram claims the 1875 boundary, while Assam asserts the 1933 boundary.
• Haryana-Himachal Pradesh: The Parwanoo region has been the focus of the dispute between Haryana and Himachal Pradesh, with Haryana claiming parts of Himachal’s territory.
• Himachal Pradesh-Ladakh: Both Himachal Pradesh and Ladakh lay claim to Sarchu, a strategically located area on the Leh-Manali route.
• Arunachal Pradesh-Assam: Arunachal Pradesh disputes the transfer of forested tracts to Assam during the reorganisation of North Eastern States. The matter is pending before the Supreme Court.
• Meghalaya-Assam: Meghalaya challenged the Assam Reorganisation Act of 1971, claiming Blocks I and II of the Mikir Hills as part of its territory.
• Assam-Nagaland: The longest-running border dispute in the North East, this conflict began soon after Nagaland’s formation in 1963 over the demarcation of Naga-dominated areas.

Should States Have Their Own Flags?

Context: The Karnataka State government has recently established a committee to explore the possibility of adopting a distinct State flag. 

• This committee, composed of bureaucrats and academics, is tasked with examining the legal aspects of this matter and proposing a design for the State flag.

Jammu and Kashmir’s Unique Status

• Jammu and Kashmir was the only Indian State to currently possess an official State flag, a privilege granted under Article 370 of the Indian Constitution. 
• This special status has allowed Jammu and Kashmir to fly its State flag alongside the national flag. 
• However, since abrogation of Article 370 in 2019, the State flag has been removed.

Constitutional and Legal Considerations

• While the Indian Constitution does not explicitly prohibit States from having their own flags, the Supreme Court has clarified that such flags must not be hoisted in a manner that disrespects the national flag. 
• The Flag Code of India, 2002, also implicitly allows for State flags as long as they maintain a respectful distance from the national flag.

Arguments for and against State Flags

• Opponents of State flags argue that the national tricolour serves as a unifying symbol for India and that permitting individual State flags could diminish its significance. 
• They also raise concerns that allowing one State to have its own flag might set a precedent, leading to similar demands from other States.

Arguments For State Flags

• Proponents of State flags point to examples like Germany and the United States, where State flags coexist with the national flag without undermining national unity. 
• They argue that State flags can serve as a symbol of regional identity and pride without compromising the integrity of the nation.

Karnataka’s Unofficial State Flag

• Karnataka has had an unofficial State flag since the mid-1960s, known as the Kannada Paksha. 
• This red and yellow flag was created by Kannada writer and activist Ma Ramamurthy for a pro-Kannada political party. 
• While not officially sanctioned, the Kannada Paksha is flown annually on November 1st, Karnataka’s foundation day, and is often seen in public settings.

Central Government’s Position

• The Indian Home Ministry has Stated that there is no legal provision either for providing or prohibiting a separate flag for any State. 
• They have also clarified that if a State flag is created, it would only represent the people of the State and not the State itself.

Conclusion

Resolving inter-State border disputes is crucial for fostering cooperative federalism and national unity in India. 

• Despite their historical and political roots, these disputes can be addressed through efforts that prioritize federalism and regional cooperation. 
• The debate over State flags, such as Karnataka’s initiative, underscores the tension between regional identity and national unity. Balancing local and national interests is essential for harmonious governance.

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