Topic: Inter State Council

Question : Inter-State Council is the only constitutional body to deal with federal disputes in a comprehensive manner. Discuss.

Answer: Art. 263 reads as follows:

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; or
(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 organisation and procedure.

The Inter-State Council was set up under Article 263 of the Constitution of India by the President in 1990.

Prime Minister is the head of the ISC and the composition includes

• six Ministers of Cabinet rank in the Union Council of Ministers to be nominated by the Prime Minister

• two Ministers of Cabinet rank in the Union Council of Ministers to he nominated by the Prime Minister as permanent invitees.

• Chief Ministers of all States

• Chief Ministers of Union territories having Legislative Assemblies

• Administrators of Union territories not having Legislative Assemblies

• Governors of States under President’s Rule

The following issues, as far as may be expedient, may not be brought up before the Council

• Any issue which can be resolved by discussion at the official level or at the level of Ministers between the Central Government and the State Governments concerned.

• Any issue which has to be considered or dealt with by the National Development Council, the National Integration Council , the Finance Commission, the Planning Commission or such other body or authority of a like nature as may be set up from time to time to deal with specific subjects relating to Centre-State relations.

• Any issue which is currently under consideration or discussion in either House of Parliament or which is sub-judice.

Any issue relating to a matter which, under the Constitution, is left or the decision of a specified authority other than the Central Government such as the Election Commission or the Supreme Court etc
Any other issue the discussion of which may, in the opinion of the Chairman, create discord between the States or otherwise be against the public interest or against the interests of the sovereignty or integrity of India, the security of the State, friendly relations with foreign State or Public Order.

Any issue which relates to the discharge of any duty or special responsibility of the Union under the provisions of the Constitution or any law of Parliament.
The Council in its first meeting in 1990 had considered the recommendations made by the Sarkaria Commission on Centre-State Relations. Keeping in view the complexities of the issues involved and their wider implications, the Council set up a Subcommittee of the Council to examine the recommendations. The Council broadly endorsed the recommendations of the Sarkaria Commission as finalised by the Sub-committee. The Inter-State Council decided to set up a Standing Committee for having continuous consultation and processing of all matters for consideration of the Inter-State Council. Accordingly the Standing Committee was set up in 1996.

The Inter-State Council held nine meetings so far and has taken important decisions on 171 of the 247 recommendations of the Sarkaria Commission. The last meeting 9th - was held in 2005 and discussed good governance. Some of the major decisions of the Council are a follows

• approved the Alternative Scheme of Devolution of Share in Central Taxes to States

• The Council decided that on the subject of delay in State Bills referred for President’s consideration, there should be time-bound clearance of Bills referred. Also, The Bills should not be reserved for President’s consideration in a routine manner.

• Laid down norms for the use of Art.356

• Discussed residuary powers of taxation, Art.355 rye

• In the 9th meet in 2005, discussed good governance.

ISC is the only Constitutional body to deal with federal disputes in a comprehensive manner. Finance Commission deals with only financial matters in the federal field. Supreme Court adjudicates on federal matters (Art. 131). Inter state water disputes tribunals exclusively deal with only water disputes.

Question : The working of the Inter-state Council has highlighted the need for additional bodies to assist ISC in dealing with increasing member of centre-state disputes.

Answer: The then Prime Minister, Shri Jawaharla1 Nehru convened the National Integration Conference in 1961 to find ways and means to combat the evils of communalism, casteism, regionalism linguism and similar social evils. This conference decided to set tip a National Integration Council (NIC) to review all matters pertaining to national integration and to make recommendations thereon.
The NIC held 12 meeting so far. Issues relating to National Integration and Communal Harmony in the context of Kashmir and Punjab problem and dispute over Ram Janam Boomi-Babri Masjid, problem of Regionalism and Communalism, role of Educational Institutions and Mass Media and responsibility of the Press, etc. were discussed in the various meetings of NIC.
The NIC functions as a forum for effective initiative and interaction on issues of national concern, review issues relating to national integration and make recommendations.
National Integration Council was reconstituted in 2005. It has 103 members. Besides Union Ministers, Chief Ministers and political leaders, the NIC will have representation from various categories such as national commissions, media persons, business, eminent public figures and women.

The NIC (2008) has 11 Cabinet Ministers, and leaders of all major political parties

Leaders of regional political parties have also been nominated. The reconstituted body also has the chairpersons of the National Commission for Minorities, the National Commission for Scheduled Castes, the National Commission for Scheduled Tribes, the National Commission for Women and the National Human Rights Commission.
Representatives of business are also members like Ratan Tata, Rahul Bajaj, N. R. Narayana Murthy and Kiran Mazumdar Shaw.
Among the 36 public figures named on the NIC are Mrinal Sen, M.S. Swarninathan and Ram Jethrnalani.
Media persons and women’s representatives are also among the members.

Zonal Councils

The idea of creation of Zonal Councils was mooted by the first Prime Minister of India, Pandit Jawahar Lal Nehru in 1956 when during the course of debate on the report of the States Re-organisation Commission. He suggested that the States proposed to be reorganised may be grouped into four or five zones having an Advisory Council “to develop cooperative working” among these States. This suggestion was made - by Pandit Nehru at a time when linguistic reorganization led to bitterness and hostilities. As a remedy to this situation, it was suggested that a high level advisory forum should be set up resolve common problems and to create healthy inter-State and Centre-State environment and fostering balanced socio economic development of the respective zones. There are five zonal councils.

• The Northern Zonal Council, comprising the States of Haryana, Himachal Pradesh, Jarunni & Kashinir, Punjab, Rajasthan, NCT of Delhi and U.T of Chandigarh;

• The Central Zonal Council, comprising the States of Chhatisgarh, Uttaranchal, Uttar Pradesh and Madhya Pradesh;

• The Eastern Zonal Council, comprising the States of Bihar, Jharkhand, Orissa, Sikkirn and West Bengal;

• The Western Zonal Council, comprising the States of Goa, Gujarat, Maharashtra and the Union Territories of Daman & Diu and Dadra & Nagar Haveli; and

• The Southern Zonal Council, comprising the States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union Territory of Pondicherry.

The seven North Eastern States i.e (i) Assam (ii) Arunachal Pradesh (iii) Manipur (iv) Tripura (v) Mizoram (vi) Meghalaya and (vii) Nagaland are not included in the Zonal Councils and their special problems are looked after by the North Eastern Council, set up under the North Eastern Council Act, 1972. Sikkim was added to them later.

The Zonal Council for each zone consists of the following members

• the Chief Minister of each of the States included in the zone and two other Ministers of each such State nominated by the Governor;

• where any Union Territory is included in the zone, two members from each such territory nominated by the President;

Further the Zonal Council for each zone has the following persons as Advisers to assist the Council in the performance of its duties

• one person nominated by the Planning Commission

• Chief Secretaries of the States included in the Zone

• Development Commissioners of States included, in the zone.

The union home minister is the chairman .of each of these councils. The Chief Ministers of the States included in each zone act as Vice Chairman of the Zonal Council for that zone by rotation, each holding office for a period of one year at a time. Union Ministers are also invited to participate in the meetings of the Zonal Councils depending upon necessity.

Each Zonal Council has setup a Standing Committee consisting of Chief Secretaries of the member States of their respective Zonal Councils. These Standing Committees meet from time to time to resolve the issues or to do necessary ground work for further meetings of the Zonal Councils. Senior Officers of the Planning Commission and other Central Ministries are also associated with the meetings depending upon necessity.

The Secretariat explores centre-State, inter-State and zonal issues which are to the deliberated by the Councils or the Standing Committees.

The main objectives of setting up of Zonal Councils are as under:-

• national integration

• balancing regionalism with federalism

• Enabling the Centre and the States to co-operate and exchange ideas and experiences; and

• Establishing a climate of co-operation amongst the States for successful and speedy execution of development projects.

Broadly these Councils are expected to :

• Promote a cooperative approach to facilitate economic and social planning and the execution of development schemes particularly inter-State projects;

• Deal with matters arising out of the re-organisation of States such as border problems, integration of services, linguistic minorities, inter-State transport, roads, etc;

• Initiate measures of common interest in the field of social and economic planning, and exchange experience available with each State to the best common advantage;

• Tackle common law and order problems and devise uniform policies regarding administration of civil and criminal law; and

• Deal with common problems like floods, drought, scarcity, local cess, etc.

Zonal Councils provide a forum where irritants between Centre and States and amongst States can be resolved through discussions and consultations. Though there are a large number of other fora like the National Development Council, inter State Council, Governor’s/Chief Minister’s Conference add other periodical high level conferences held under the auspices of the Union Government, the Zonal Councils are different, both in content and character. They are regional fora of cooperative, endeavour for States linked with each other economically, politically and culturally. Being small and high level bodies, specially meant for looking after the interests of respective zones they are capable of focusing attention on specific issues taking into account regional factors while keeping the national perspective in view.

The scope of functions of these Zonal Councils is very wide, as they can discuss any matter in which some or all of the States represented in that Council, or the Union and one or more of the States represented in that Council, have a common interest. These Councils have been set up with the objective to provide a common meeting ground in each zone for ensuring resolution of Inter-State problems, fostering balanced regional development and building harmonious Centre-State Relations.

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