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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 Water Dispute (Article 262)
  • Inter-State Councils (Article 263)
  • Public Acts, Records and Judicial Proceedings.
  • Inter-State Trade and Commerce (Article 301 to 307)
  • Zonal Councils under States Reorganisation Act 1956

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 may also provide that neither the Supreme Court nor any other court is to exercise jurisdiction in respect of any such dispute or complaint.

  

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.

   

Managing Inter-State Water Disputes and Enhancing Inter-State Relations in India 

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

  • Set up in 1996 + For continuous consultation and processing of matters for the consideration of council.
  • Members of the Committee: Union Home Minister as Chairman + Five Union Cabinet Ministers + Nine CMs
  • The Council is assisted by Inter-State Council Secretariat: Set up in 1991 + Headed by Secretary to the Government of 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 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 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.
  • Final judgements & 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.

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

  • 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: à 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:

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

 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

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 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

Quick Revise Now !
AVAILABLE FOR DOWNLOAD SOON
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध
Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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