(Sample Material) IAS Online Coaching : Polity - Inter State Council

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Subject: Polity

Topic: Inter State Council

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Ques. 1 : Inter-State Council is the only constitutional body to deal with federal disputes in a comprehensive manner. Discuss?

Ans. Art. 263 read 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-

1. inquiring into and advising upon disputes which may have arisen between States;
2. 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
3. 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 be 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.
• 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.

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