Introduction

Article 263 of the Constitution of India, 1950 (COI) contemplates the establishment of an Inter-State Council to effect coordination between the states and between Centre and States.

Article 263 of the COI

• This Article deals with the provisions with respect to an inter state Council. It states that—

If at any time it appears to the President that the public interests would be served by the establishment of a Council charged with the duty of—

(a) Inquiring into and advising upon disputes which may have arisen between States.

(b) Investigating and discussing subjects in which some or all of the States, or the Union and one or more of the States, have a common interest.

(c) Making recommendations upon any such subject and, in particular, recommendations for the better co-ordination of policy and action with respect to that subject, it shall be lawful for the President by order to establish such a Council, and to define the nature of the duties to be performed by it and its organization and procedure.

Establishment of the Inter State Council

• The President can establish such council if at any time it appears to him that the public interest would be served by its establishment.
• The President can define the nature of duties to be performed by such a council and its organization and procedure.
• The Council may meet at least thrice in a year. Its meetings are held in camera and all questions are decided by consensus.
• There is also a Standing Committee of the Council.

Background of the Inter State Council

• The Sarkaria Commission on Centre-State Relations (1983–88) made a strong case for the establishment of a permanent Inter-State Council under Article 263 of the COI.
• The Council was established in the year 1990.

Composition of the Inter State Council

• It consists of the following members:
  • Prime minister as the Chairman
  • Chief ministers of all the States
  • Chief ministers of Union Territories having legislative assemblies
  • Administrators of Union Territories not having legislative assemblies
  • Governors of States under President’s rule
  • Six Central cabinet ministers, including the home minister, to be nominated by the Prime Minister.
  • Five Ministers of Cabinet rank / Minister of State (independent charge) nominated by the Chairman of the Council (i.e., Prime Minister) are permanent invitees to the Council.

Functions of the Inter State Council

• To inquire and advise upon inter-state disputes which are complementary to the Supreme Court’s jurisdiction under Article 131 of the COI.
• The Council can deal with any controversy whether legal or non- legal, but its function is advisory unlike that of the court which gives a binding decision.
• To create a strong institutional framework to promote and support cooperative federalism in the country and activate the council and zonal councils by organizing regular meetings.
• Facilitates consideration of all pending and emerging issues of Centre-state and inter-state relations by the zonal councils and inter-state council.
• Develops a sound system to monitor the implementation of recommendations put forward by them.