Indian Federal System – Inter
State Relations
CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth
CONSTITUTIONAL provisions related
to Inter-State relations
Adjudication of inter-state water
disputes – Art. 262
Coordination through inter-state
council – Art.263
Mutual recognition of public acts,
records and judicial proceedings –
Art. 261
Freedom of inter-state trade,
commerce and intercourse – Art. 301
STATUTORY provision – Zonal
Councils
CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth
Art. 262 – 2 provisions
1.Parliament provide law for adjudication of inter state
river valley
2 laws
River Boards Act, 1956 – River Boards established by
Centre on states request, regulation & development
of inter state river valley
Inter State water Disputes Act, 1956 – Central Gov. to
set up ad hoc tribunal for inter state river valley
disputes, decision final & binding on parties, NO
jurisdiction for S. Court/any other Court, 8 tribunals –
1st Krishna…8th Mahadayi
Need for extra judicial machinery?
2. Parliament provide NO jurisdiction for Supreme
Court/any other Court on such dispute/complaint
CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth
Art.263
President can establish, at any time, define the nature
of duties but, Article 263 itself specifies duties
Enquiring & advising inter-states disputes
[Complementary to Art.131]
Investigating & discussing issues of common interest
to Centre & states
Making recommendations & coordination
President established councils in the specific subjects
Central Council of Health
Central Council of Local Gov. & Urban Development
Regional Councils for sales tax
Note: Central Council of Indian Medicine & Homeopathy
set up under acts of Parliament
CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth
INTER-STATE COUNCIL
Sarkaria Commission recommended strongly
1990 V.P. Singh Gov. established
Consists of
P.M. – CHAIR, Members: CMs – states + UTs, Administrators – UTs,
Governors of states under President's rule, 6 cabinet ministers including HM
nominated by PM
permanent invitees: 5 cabinet ministers/MoS (Independent Charge)
Recommendatory body – issues of inter-state, Central-state & Centre – UTs
relations
Duties
Investigating & discussing issues of common interest to Centre & states
Making recommendations & coordination
Deliberating matters of general interest referred by PM
Council may meet (held in camera) at least thrice in a year, decision by
consensus
INTER-STATE COUNCIL Secretariat [ISCS]…
For continuity Secretariat ISCS, set up in 1996, headed by secretary to
GoI, also Secretariat to Zonal Councils from 2011
CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth
Jurisdiction of each state in its own
territory, so - Art 261
Full faith & credit to public acts
[legislative & executive] , records and
judicial proceedings of the Centre &
states
Mode of Proof and effects of such
things…Parliament by law
Civil judgments executable all over
India…but, NOT penal (criminal)laws
CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth
ART. 301 TO 307 – Part XIII
Art. 301 – inter and intra state trade,
commerce and intercourse - freedom
Art. 302 to 305 – restrictions on above
Parliament -in public interest, but no
discrimination [Essential Commodities Act,
1955]
With previous sanction by President state
legislature but no discrimination
commodity ‘A’ taxable in a state, imported
A taxable
Subject to state monopoly/nationalization
Parliament can appoint an authority for
ART. 301 TO 307…but NO such authority[in
US, yes]
CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth
ZONAL COUNCILS
Established by States Reorganization
Act, 1956 & North – Eastern council
Act, 1971
ARP,A
S,NL,M
J&K, HP, HY, PJ, RJ, A,MI,T,
Dl & Ch
NEW DELHI ME &
SK
GJ, MH, G,
D&NH, D&D
Mumbai
UP, UT, CH, MP
BH, JH, WB,
Allahabad O
Kolkata
AP,K, TN, KL, Py
Chennai
CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth
Factors forming these Councils
1. Natural divisions of the country
2. River systems & means of communication
3. Cultural & linguistic affinity
4. Requirements of economic development
5. Security, law & order
Composition of Zonal Councils
Members: Home Minister (Common Chairman of all Zonal
Councils), CMs of that zone (Vice – Chair/year on rotation), 2
ministers from each state, Administrators of UTs
Advisors: a nominated person of Planning Commission, Chief
Secretaries, development commissioners
Functions/aims/objectives
Promoting cooperation & coordination between Centre/states/Uts
Deliberation & advise on issues like linguistic minorities, border
disputes etc.
Emotional integration
Experience sharing
Speedy execution of projects
Political equilibrium between different regions
Regional plan
Security & public order
CCE-PDPU http://www.pdpu.ac.in/ VenkataKrishnan Source: Laxmikanth
