Understanding Interstate council
Hyderabad: This article is in continuation of the last article on Constitutional and Statutory Bodies. INTERSTATE COUNCIL Inter-State Council is a very important constitutional authority constituted for managing Centre and State relations BASIS: Article 263 of the Constitution of India provides for the establishment of an Inter-State Council. The text of the Article reads as […]
Hyderabad: This article is in continuation of the last article on Constitutional and Statutory Bodies.
INTERSTATE COUNCIL
Inter-State Council is a very important constitutional authority constituted for managing Centre and State relations
BASIS:
Article 263 of the Constitution of India provides for the establishment of an Inter-State Council. The text of the Article reads as under:
“263. Provisions with respect to an inter-State Council – 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 Commission on Centre-State Relations under the Chairmanship of Justice R. S. Sarkaria in its report in January 1988 recommended that:
“(a) A permanent Inter-State Council called the Inter-Governmental Council (IGC) should be set up under Article 263.
(b) The IGC should be charged with the duties set out in clauses (b) and (c) of Article 263, other than socio-economic planning and development.”
The government of India accepted the recommendation of the Sarkaria Commission to set up an Inter-State Council and notified the establishment of the Inter-State Council
CONSTITUTION
The Inter-State Council is a constitutional body to facilitate coordination between states and the centre.
It is a re commendatory body to investigate and discuss subjects, in which some or all of the states or the Central government have a common interest.
It is set up on the basis of provisions in Article 263 of the Constitution of India by a Presidential Order, 1990 based on the recommendation of the Sarkaria Commission.
The Inter-state council is not a permanent constitutional body for coordination between the states and Central government. Rather, President can establish it at any time if it appears to him that the public interests would be served by the establishment of such a council
COMPOSITION
The Council consists of:-
Prime Minister – Chairman
Chief Ministers of all States – Members
Chief Ministers of union Territories having a Legislative Assembly and Administrators of UTs not having a Legislative Assembly – Members
Six Ministers of Cabinet rank in the union Council of Ministers to be nominated by the Prime Minister – Members
The Presidential Order of 1990 has been amended twice providing for the Governor of a State under President’s rule to attend the meeting of the Council and nomination by the Chairman of permanent invitees from amongst the other union Ministers, respectively.
The Council was first constituted vide on 27th December 1990
FUNCTIONS
The Interstate Council, as mentioned under Article 263, performs the following functions:
1. To enquire into disputes among the states and advise upon to resolve such disputes.
2. To investigate and discuss the subject on which some or all the states or the union and one or more states have a common interest.
3. To make recommendations on any such subjects in particular recommendations for better coordination of policy and action with respect to that subject.
To be continued…
By Shikara Academy
