Inter-State Relations: Laws And Cooperation In India

Inter-State Relations: Laws and Cooperation in India

Inter-State Relations in India: Waters, Councils and Trade Dynamics

Inter-state relations in India are governed by a comprehensive legal framework, that covers key provisions such as Article 262 for resolving water disputes, Article 263 establishing Inter-State Councils, and Articles 301 to 307 facilitating inter-state trade and commerce. The establishment of Zonal Councils under the States Reorganisation Act 1956 contributes to fostering cooperation and coordination among states. These mechanisms collectively aim to promote unity and address the diverse needs and interests of India’s federal structure.

Inter-State Relations in India: Water Disputes (Art. 262) and Collaborative Governance

Article 262

Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution and control of waters of any inter-state river and river valley.
Parliament can also specify that neither the Supreme Court nor any other court has the authority to handle such disputes or complaints.

Water Governance in India: Navigating Inter-State Relations through River Boards and Dispute Adjudication

River Boards Act 1956:	A river board is established by the Centre on the request of the state to advise them.
Inter-State Water Disputes Act 1956:	Empowers Centre to set up an ad hoc tribunal for the adjudication of an inter-state water dispute between 2 or more states. Decisions of the tribunal are binding, No courts have jurisdiction over such disputes.

Major Inter-State Water Disputes in India and Water Dispute Tribunals in India

NAME	YEAR	STATES INVOLVED
Krishna Water Dispute Tribunal	1969	MH, KR, AP
Godavari Water Dispute Tribunal	1969	MP, KR, AP, MH, OD
Narmada Water Dispute Tribunal	1969	RJ, GJ, MP, MH
Ravi & Beas Water Dispute Tribunal	1986	PB, HR, RJ
Cauvery Water Dispute Tribunal	1990	KR, KL, TN, Puducherry
Second Krishna Water Dispute Tribunal	2004	MH, KR, AP
Vansadhara Water Dispute Tribunal	2010	OD, AP
Mahadayi Water Dispute Tribunal	2010	Goa, KR, MH

Inter-State Council (Art. 263) in India: Enhancing Coordination and Advisory Role in Inter-State Relations:

Purpose	To bring coordination between states and between states and Centre
Status	Constitutional body under Art. 263
Setup	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) under the Ministry of Home affairs.
Role of President	The President can establish. The President can define the duties, organisation and procedure.
Functions	To enquire and advise upon inter-state disputes (Complimentary to SC’s jurisdiction under A.131) + Investigating & discussing subjects in which states or the Centre and the states have a common interest + Recommending on any matter for better coordination of policy & action.
Decisions	Decisions are not binding. Purely advisory body
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.
Meetings	Council may meet at least thrice in a year. All questions are decided by consensus.

Enhancing Inter-State Relations: The Crucial Role of Standing Committee in India’s Governance:

Establishment: Established in 1996 to ensure ongoing consultation and processing of matters for council consideration.
Members of the Committee: Union Home Minister as Chairman + Five Union Cabinet Ministers + Nine CMs
Secretariat: The Council is assisted by Inter-State Council Secretariat: Set up in 1991 + Headed by Secretary to the Government of India.

Inter-State Trade & Commerce: Legal Dynamics and Inter-State Relations in India:

Article	Description
301	Trade, commerce, intercourse throughout the country shall be free. This freedom is applicable to both inter-state and intra-state trade, commerce, intercourse.
302	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 or within that in public interest. For such a bill previous sanction of the President is required. States cannot discriminate between the states.
304	States can impose any tax on goods imported from another state or UT if similar goods are manufactured in that state.
305	The freedom is subject to nationalisation 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.

Public Acts, Records and Judicial Proceedings in inter-State Relations:

Full faith & credit to public acts, records and judicial proceedings of the Centre and States throughout the country.
Parliament by laws, will determine the manner in which and the conditions under which such acts, records and proceedings are to be proved and their effect determined.
Civil court judgments and orders issued anywhere in India can be enforced across the country. However, this principle does not extend to criminal judgments.

Zonal Councils in Indian Governance: Deliberations, Recommendations and Advisory Roles:

Establishment: Statutory (Extra-constitutional) body + Established under Reorganisation of States Act 1956 (7th CAA 1956)
They are only deliberative and advisory bodies; recommendations are not binding.
The Zonal Councils should meet at least twice a year
Members of Zonal Councils: Union Home Minister as Chairman + CMs of all the states in the zone + CMs of all the states in the zone + Administrator of each UT in the zone

North-Eastern Council and Inter-State Relations: A Comprehensive Analysis of Its Role and Impact:

Establishment: Statutory body Created by separate act: North-Eastern Council Act, 1971.
Members: All North Eastern states including Sikkim.
Composition:
- Ex-officio Chairperson: Union Home Minister
- Vice-Chairperson: Minister of State (Independent Charge), Ministry of DoNER.
- Members: Governors and Chief Ministers of all eight states, and 3 members nominated by the President.
Sikkim joined the North-Eastern Council as its eighth member in 2002.

Conclusion

Through a network of legislative provisions and institutional mechanisms, India endeavors to foster cooperation and resolve disputes among states. The Inter-State Council, Zonal Councils, and legal frameworks governing water disputes and trade dynamics play crucial roles in enhancing inter-state relations and promoting unity in diversity across the country.

DOWNLOAD PDF

How can we help you?