Inter-State Relations
he successful functioning of the Indian federal system relies on harmonious relations and
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close cooperation not only between the Centre and the states but also among the states
themselves. The Constitution makes several provisions for inter-state comity, including:
● djudication of inter-state water disputes.
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● Coordination through inter-state councils.
● Mutual recognition of public acts, records, and judicial proceedings.
● Freedom of inter-state trade, commerce, and intercourse.
dditionally,Zonal Councilshave been establishedby Parliament to promote inter-state
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cooperation and coordination.
Inter-State Water Disputes -
rticle 262of the Constitution provides for the adjudication of inter-state water disputes. It
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makes two key provisions:
● P arliamentmay, by law, provide for the adjudicationof any dispute or complaint
regarding the use, distribution, and control of waters of any inter-state river and river
valley.
● Parliamentmay also provide that neither theSupremeCourtnor any other court shall
exercise jurisdiction in respect of any such dispute or complaint.
UnderArticle 262, Parliament has enacted two significantlaws:
1. T he River Boards Act (1956):
○ Provides for the establishment of river boards for the regulation and development of
inter-state rivers and river valleys.
○ A river board is established by the Central government upon the request of the
concerned state governments to advise them.
2. The Inter-State River Water Disputes Act (1956):
○ Empowers the Central government to set up anad hoctribunalfor the adjudication
of disputes between two or more states concerning the waters of an inter-state river
or river valley.
○ Thedecision of the tribunal is final and bindingon the parties to the dispute.
○ Neither theSupreme Courtnor any other court hasjurisdiction over water disputes
referred to such a tribunal under this Act.
everal inter-state water dispute tribunals have been set up by the Central government. Below
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is a list of tribunals, their establishment year, and involved states:
● K
rishna Water Disputes Tribunal-I(1969): Maharashtra,Karnataka, and Andhra
Pradesh.
● G odavari Water Disputes Tribunal(1969): Maharashtra,Karnataka, Andhra Pradesh,
Madhya Pradesh, and Odisha.
● Narmada Water Disputes Tribunal(1969): Rajasthan,Gujarat, Madhya Pradesh, and
Maharashtra.
● Ravi and Beas Water Disputes Tribunal(1986): Punjab,Haryana, and Rajasthan.
● Cauvery Water Disputes Tribunal(1990): Karnataka,Kerala, Tamil Nadu, and
Puducherry.
● Krishna Water Disputes Tribunal-II(2004): Maharashtra,Karnataka, and Andhra
Pradesh.
● Vansadhara Water Disputes Tribunal(2010): Odishaand Andhra Pradesh.
● Mahadayi Water Disputes Tribunal(2010): Goa, Karnataka,and Maharashtra.
● Mahanadi Water Disputes Tribunal(2018): Odisha andChhattisgarh.
Inter-State Councils -
rticle 263contemplates the establishment of anInter-State Councilto effect coordination
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between states and between the Centre and states.
● T hePresidentcan establish such a council if it appearsto him/her that public interest
would be served by its establishment.
● ThePresidentcan also define the nature of duties,organization, and procedure of such
a council.
ven though the President is empowered to define its duties,Article 263specifies the duties
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that can be assigned to an Inter-State Council:
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● nquiring into and advising upon disputes that may arise between states.
● Investigating and discussing subjects in which states or the Centre and states have a
common interest.
● Making recommendations on any such subject, particularly for better coordination of
policy and action.
he Council's function to inquire and advise on inter-state disputes complements the
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Supreme Court's jurisdiction underArticle 131to decide legal controversies between
governments. The Council can deal with any controversy, legal or non-legal, and its function is
advisory, unlike the court's binding decision.
UnderArticle 263, the President has also establishedother councils for better coordination:
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● entral Council of Health and Family Welfare.
● Central Council of Local Government(originally CentralCouncil of Local
Self-Government in 1954).
● Four Regional Councils for Sales Taxfor the Northern,Eastern, Western, and Southern
Zones.
Establishment of Inter-State Council:
● T heSarkaria Commission on Centre-State Relations(1983-88)strongly
recommended the establishment of a permanent Inter-State Council underArticle 263.
● It suggested naming it theInter-Governmental Councilto differentiate it from other
bodies underArticle 263.
● The Commission recommended that the Council be charged with duties laid down in
clauses (b) and (c) ofArticle 263.
● In pursuance of these recommendations, the Janata Dal Government, led by V. P. Singh,
established theInter-State Council in 1990.
The Inter-State Council consists of the following members:
● rime Ministeras the Chairman.
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● 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, nominated by the Prime
Minister.
Five Ministers of Cabinet rank / Minister of State (independent charge) nominated by the
●
Chairman (Prime Minister) are permanent invitees.
he Council is arecommendatory bodyon issues relatedto inter-state, Centre-state, and
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Centre-union territory relations. Its aim is to promote coordination by examining, discussing,
and deliberating on such issues. Its duties include:
Investigating and discussing subjects of common interest to states or the Centre.
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● Making recommendations for better coordination of policy and action on such subjects.
● Deliberating on other matters of general interest to the states referred by the Chairman.
he Council is mandated to meet at least thrice a year. Its meetings are held in camera, and all
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questions are decided by consensus.
Standing Committee of the Council:
● S et up in 1996 for continuous consultation and processing of matters for the Council's
consideration.
● Members include:
○ Union Home Ministeras the Chairman.
○ Five Union Cabinet Ministers.
○ Nine Chief Ministers.
he Council is assisted by theInter-State Council Secretariat, established in 1991 and
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headed by a Secretary to the Government of India. Since 2011, it also functions as the
secretariat of the Zonal Councils.
Public Acts, Records, and Judicial Proceedings -
he Constitution addresses the recognition of acts and records of one state in another
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through the "Full Faith and Credit" clause.
● F ull faith and creditmust be given throughout theterritory of India to public acts,
records, and judicial proceedings of the Centre and every state.
○ 'Public acts' include both legislative and executive acts.
○ 'Public record' includes any official book, register, or record made by a public servant
in the discharge of official duties.
● The manner and conditions under which such acts, records, and proceedings are to be
proved and their effect determined will be as provided by thelaws of Parliament. This
means Parliament can lay down the mode of proof and the effect of such acts, records,
and proceedings of one state in another.
● Final judgments and orders of civil courtsin anypart of India are executable anywhere
within India without the need for a fresh suit.
● This rule applies only tocivil judgments, not criminaljudgments. It does not require
courts of one state to enforce the penal laws of another state.
Inter-State Trade and Commerce -
rticles 301 to 307in Part XIII of the Constitution deal with trade, commerce, and intercourse
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within India.
● A rticle 301declares thattrade, commerce, and intercoursethroughout the territory
of India shall be free.
● The objective is to break down border barriers between states and create a single unit to
encourage the free flow of trade.
● This freedom is not limited to inter-state trade but also extends tointra-state trade,
commerce, and intercourse.
● Article 301is violated if restrictions are imposedat the frontier of any state or at any
prior or subsequent stage.
he freedom guaranteed byArticle 301is subject to restrictions provided in other provisions
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(Articles 302 to 305) of Part XIII:
● P
arliamentcan impose restrictions on the freedomof trade, commerce, and intercourse
between or within states in the public interest. However, Parliament cannot give
reference to one state over another or discriminate between states, except in cases of
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scarcity of goods in any part of India.
● Thelegislature of a statecan impose reasonable restrictionson the freedom of trade,
commerce, and intercourse within or with that state in the public interest. However, such
a bill requires theprevious sanction of the President.A state legislature also cannot
give preference to one state over another or discriminate between states.
Thelegislature of a statecan impose on goods importedfrom other states or union
●
territories any tax to which similar goods manufactured in that state are subject. This
prohibits discriminatory taxes by the state.
● The freedom underArticle 301is subject tonationalizationlaws(laws providing for
monopolies in favor of the Centre or states). Thus, Parliament or state legislatures can
make laws for the government to carry on any trade, business, industry, or service,
whether to the exclusion of citizens or otherwise.
arliament can appoint an appropriate authority to carry out the purposes of these provisions
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relating to the freedom of trade, commerce, and intercourse and restrictions on it, and can
confer necessary powers and duties on that authority. However, no such authority has been
appointed so far.
Zonal Councils -
Zonal Councilsarestatutory bodies, not constitutional bodies.
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● hey were established by theStates ReorganisationAct of 1956.
● The Act divided the country into five zones:Northern,Central, Eastern, Western, and
Southern, providing a zonal council for each.
● Factors considered while forming these zones include natural divisions, river systems and
communication, cultural and linguistic affinity, and requirements of economic
development, security, and law and order.
Each zonal council consists of the following members:
● ome Minister of the Central government.
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● Chief Ministers of all states in the zone.
● Two other ministers from each state in the zone.
● Administrator of each union territory in the zone.
Additionally, the following persons can be associated asadvisors(without voting rights):
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● person nominated by theNITI Aayog.
● Chief secretary of the government of each state in the zone.
● Development commissioner of each state in the zone.
TheHome Minister of the Central government is thecommon chairmanof the five zonal
councils. Each Chief Minister acts as a vice-chairman by rotation, holding office for one year.
onal councils aim to promote cooperation and coordination between states, union territories,
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and the Centre. They discuss and make recommendations on matters like economic and social
planning, linguistic minorities, border disputes, inter-state transport, etc.. They are purely
deliberative and advisory bodies.
The objectives/functions of the zonal councils include:
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● chieving emotional integration of the country.
● Helping to arrest the growth of acute state-consciousness, regionalism, linguism, and
particularistic trends.
● Helping to remove the after-effects of separation in some cases to synchronize the
process of reorganisation, integration, and economic advancement.
● Enabling the Centre and states to cooperate in social and economic matters, exchange
ideas and experience to evolve uniform policies.
● Cooperating in the successful and speedy execution of major development projects.
● Securing some kind of political equilibrium between different regions of the country.
North-Eastern Council:
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● reated by a separate Act of Parliament, theNorth-EasternCouncil Act of 1971.
● Its members include Assam, Manipur, Mizoram, Arunachal Pradesh, Nagaland,
Meghalaya, Tripura, and Sikkim (Sikkim added in 2002).
● Its functions are similar to zonal councils, with additions: it formulates a unified and
coordinated regional plan for common importance.
● It also reviews measures taken by member states for the maintenance of security and
public order in the region.
Below is a summary of the Zonal Councils:
● N orthern Zonal Council:
○ Members: Himachal Pradesh, Haryana, Punjab, Rajasthan, Delhi, Chandigarh, Jammu
and Kashmir, and Ladakh.
○ Headquarters: New Delhi.
● Central Zonal Council:
○ Members: Uttar Pradesh, Uttarakhand, Chhattisgarh, and Madhya Pradesh.
○ Headquarters: Allahabad.
● Eastern Zonal Council:
○ Members: Bihar, Jharkhand, West Bengal, and Odisha.
○ Headquarters: Kolkata.
● Western Zonal Council:
○ Members: Gujarat, Maharashtra, Goa, and Dadra and Nagar Haveli and Daman and
Diu.
○ Headquarters: Mumbai.
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outhern Zonal Council:
○ Members: Andhra Pradesh, Telangana, Karnataka, Tamil Nadu, Kerala, and
Puducherry.
○ Headquarters: Chennai.
Articles Related to Inter-State Relations at a Glance -
Here's a summary of relevant articles:
Mutual Recognition of Public Acts, etc.
● Article 261: Public acts, records, and judicial proceedings.
Disputes Relating to Waters
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rticle 262: Adjudication of disputes relating towaters of inter-state rivers or river
valleys.
Co-ordination between States
● Article 263: Provisions with respect to an inter-statecouncil.
Inter-State Trade and Commerce
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● rticle 301: Freedom of trade, commerce, and Intercourse.
● Article 302: Power of Parliament to impose restrictionson trade, commerce, and
intercourse.
● Article 303: Restrictions on the legislative powers of the Union and of the states with
regard to trade and commerce.
● Article 304: Restrictions on trade, commerce, andintercourse among states.
● Article 305: Saving of existing laws and laws providingfor state monopolies.
● Article 306: Power of certain states in Part B ofthe First Schedule to impose restrictions
on trade and commerce (Repealed).
● Article 307: Appointmentof authority for carrying out the purposes ofArticles 301 to
304.
