Inter-State Council: Strengthening Cooperative Federalism in India - Delhi Police Constable PDF Download

Introduction

The inception of the ISC traces back to 1988 when the Government formed the Sarkaria Commission to review the existing arrangements between the Union and the States. One of the pivotal recommendations of the commission was the establishment of a permanent Inter-State Council. This council was envisioned as an independent national forum, operating under the purview of Article 263 of the Constitution of India.

Function and Composition

The Inter-State Council operates as a recommendatory body, empowered to investigate and discuss matters of mutual interest between the Union and the States or among States. It not only makes recommendations to improve policy and coordination on these subjects but also deliberates on issues of general importance referred to it by the Chairman. Moreover, the Council comprises the Prime Minister as the Chairman, Chief Ministers of all States as members, Chief Ministers of Union Territories with a Legislative Assembly, Administrators of UTs without a Legislative Assembly, and Governors of States under President's Rule (Governor's Rule in the case of J&K). Additionally, six Ministers of Cabinet rank from the Union Council of Ministers are nominated by the Prime Minister as members.

The Role of the Inter-State Council

The Inter-State Council serves several key functions:

• Promoting Cooperative Federalism: The ISC aims to establish a robust institutional framework to foster cooperative federalism in the country. By organizing regular meetings, it activates both the Council and the Zonal Councils to address pending and emerging issues of Centre-State and Inter-State relations.
• Monitoring Implementation: The Council, along with the Zonal Councils, monitors the implementation of their recommendations to ensure effective and timely execution.

The Standing Committee of ISC

The Standing Committee of the Inter-State Council was set up in 1996 to facilitate continuous consultation and processing of matters for the Council's consideration. It consists of the Union Home Minister as the Chairman, five Union Cabinet Ministers, and nine Chief Ministers. The Standing Committee plays a crucial role in handling issues related to Centre-State relations before they are presented to the Inter-State Council. Additionally, it closely monitors the implementation of decisions taken on the Council's recommendations and addresses any other matters referred by the Chairman or the Council.

Other Bodies Promoting Inter-State Relations

While the Inter-State Council remains a vital entity for cooperative federalism, several other bodies contribute to promoting harmonious relations between States:

Zonal Councils

Established by the States Reorganisation Act of 1956, the Zonal Councils are statutory bodies comprising five zones: Northern, Central, Eastern, Western, and Southern. Each zone has its Zonal Council. These councils focus on addressing issues related to economic development, security, law and order, and other regional matters.

North Eastern Council

The North Eastern Council caters specifically to the needs of the North Eastern States, including Assam, Arunachal Pradesh, Manipur, Tripura, Mizoram, Meghalaya, and Nagaland. This council, set up under the North Eastern Council Act of 1972, ensures the region's special problems are adequately addressed.

Inter-State Trade and Commerce

Articles 301 to 307 of the Constitution govern trade, commerce, and intercourse within the territory of India. These provisions help in facilitating smooth inter-state trade and economic transactions.

Inter-State Water Disputes

Article 262 of the Constitution provides a framework for the adjudication of inter-state water disputes. Parliament has the authority to enact laws to resolve disputes concerning the use, distribution, and control of waters from inter-state rivers and river valleys.

The Way Forward

To further strengthen the Inter-State Council and make it a central institution for managing inter-state frictions, several steps need to be taken:

• Regular Meetings: The Council should establish a consistent meeting schedule to ensure timely and effective deliberations on important matters.
• Permanent Secretariat: A permanent secretariat must be established to support the Council's activities, ensuring that periodic meetings are more productive and result-oriented.

Cooperative federalism lies at the heart of India's governance structure, and a strong and active Inter-State Council will be instrumental in fostering better coordination and cooperation among the Union and the States. The reconstitution of the ISC with key stakeholders at the helm reaffirms the nation's commitment to strengthening federal principles and promoting unity amidst diversity.