INTER STATE COUNCIL

Dr Shakuntala Misra National Rehabilitation University

CONSTITUTIONAL LAW OF INDIA

Project on Inter States Councils

Gaurav Pandey
2015/ B.Com LL.B. / 01
B.Com LL.B. (Hons.)
II Year, IV Semester
Dr Shakuntala Misra National Rehabilitation University,
Mohan Road, Lucknow,

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Table of Contents

ACKNOWLEGMENT.3
INTRODUCTION4
INTER STATE COUNCIL..6
ESTABLISHMENT.7
DUTIES OF THE COUNCIL..8
PROCEDURE OF THE COUNCIL9
COMPOSITION.10
MEETINGS11
FUNCTION OF INTER STATES COUNCIL ..15
HIGHLIGHTS OF 11 INTERSTATE MEETING.15
CONCLUSION..16
BIBLOGRAPHY...17

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ACKNOWLEDGEMENT

I, GAURAV PANDEY, I feel myself highly elated, as it gives me tremendous pleasure to come
out with work on the topic INTER STATES COUNCILS.

First of all I express my sincere gratitude to my Professor DR. GULAB RAI SIR who
enlightened me with such a wonderful topic. Without Him, I think I would have accomplished
only a fraction of what I eventually did. I thank her for putting her trust in me and giving me a
project topic such as this and for having the faith in me to deliver. Her sincere and honest
approach have always inspired me and pulled me back on track whenever I went off-track. Sir ,
thank you for an opportunity to help me grow. I also express my heartfelt gratitude to staff and
help for the completion of this project.
Next I express my humble gratitude to my parents for their constant motivation and selfless
support.

THANKS YOU.

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 INTER STATE COUNCIL

INTRODUCTION

Articles 263 provides for the establishment of an inter- state council to effect co-
ordination between states. The Inter-State council is appointed by the president if it
appears to him that the public interest would be served by its establishment. The
inter state council is generally charged with the duty of
Inquiring into and advising upon disputes which may arise between States ,
Investigation and discussion subject in which some or all of the states of the
union and one or more of states have common interest ,
Making recommendation on any subject and for the better co- ordination of
the policy and action with respect to that subject.
Through the council can deal with legal or non-legal matters but its function is
merely advisory.
The main object behind the provision is to establish regular recognized machinery
for inter-Governmental consultation and Inter-state relation so that departments or
institution of co-ordination and research are to be maintained in such matters as
agriculture, forestry, irrigation, education and public health. Such a body will give
an opportunity to the States to express their views freely on common matter and
would enable the union to understand the feeling of the states and inter-
governmental co-operation will ensure smooth carrying on of developmental plans.
Unfortunately, such a body has not been constituted so far. This has created
differences between the centre and the states. It is suggested that an inter-states
councils consisting of all the chief minister, with the prime minister as its chairman
should be constituted. All decision on matters of national importance should be
taken after consulting the inter-state council except defence and forign affairs.
The president has exercised this power by constituting the Central Council of
Health and the Central Council of Local Self-Government.
The states Re-Organisation Act,1951, has set up five Zonal Councils, namely,(the
central zone, the northern zone, the eastern zone,the western zone and the southern
zone). The Zonal Councils consists of the Union Home minister who acts as an ex-
officio chairman of the councils and the the chief minister of the states and the two
others minister nominated the governor of the member state. The chief secretary of

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the state concered and a person from planning commission are included as advisers
in such counils.
The states re-organinsation Act 1951, has set up five zonal councils, namely,(the,
Central zone, the northern zone, the Eastern Zone, the western Zone and the
Southern Zone). The Zonal councils consists of the Union Home Minister who acts
as an ex-officio Chairman of the councils and the Chief Minister of the States and
the councils and the the chief minister of the states and the two others minister
nominated the governor of the member state.
Sankaria Commission on Centre-States relation has strongly recommended for the
establishment of an inter-state council to effect co-ordination between states.

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INTER STATE COUNCIL

The path of social reform like the path to heaven at any rate in India is strewn with
many difficulties. Social reform in India has few friends and many critics.
Dr. B R Ambedkar

The nation can progress only if the Union and State Governments work hand in
hand. There are many challenges to maintain a federation. For a soothing
functioning of the system, it is necessary to conduct periodic debates and
discussions.

Article 263 of Indian constitution provides the establishment of an Inter-State

Council. This is to enhance the coordination between the center and states. It is not
a permanent constitutional body which can be created at any time if it seems to the
President that the public interest would be served by the establishment of such
council. It was set up in 1990 through a presidential ordinance for the first time as
per the recommendations of the Sarkaria Commission under the Ministry of Home
affairs. The secretarial functions of the Zonal Councils have been reassigned to the
Inter-State Council Secretariat from 1st April 2011.

The interstate council is the most dynamic platform to discuss policies and
strengthen the Centre- State relations. This works as an instrument for cooperation,
coordination and the evolution of common policies and acts as a bridge to trust
deficit between center and state. The interstate council is proposed to meet thrice a
year. But in 26 years, it has met only 11 times. Recently the meeting was held after
a gap of 10 years in Delhi in July 2016.

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ESTABLISHMENT

The President of India in exercise of the power under Art.263 has constituted the
Inter-State Councils on May 28,1990. It consist of the following members;
Prime Minister
Chief Minister of the states
Chief Minister of union Territories having a Legislative Assembly
Six minister of Cabinet rank in the union Council of Minister to be
nominated by the prime Minister.
The Minister of states having independent charge in the union government may be
invited when any item relationg of their Ministry is to be dissussed.
The Prime Minister shall be the Chairman of the Inter- States Council and preside
over its meeting. In his absence he may nominate any Union Minister of Cabiner
Rank to preside over the meeting.

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DUTIES OF THE COUNCIL

The council shall be a recommendatory body and it shall perform the following
duties;
Investigate and discuss subject of common interest;

Make recommendation for the better co-ordination of policy and actions on

such subjects;

Deliberate on such matters of general interest to the States referred by the

Chairman to the Council.

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PROCEDURE OF THE COUNCIL

The council shall, in the conduct of its business, observe the following
procedure ;

The council shall adopt guidelines for identifying and selecting issue to be
brought before it,

The council may meet at least thrice in every year at such time and place as
the chairman decides,

The meetings of the councils shall be held in camera,

The members (including the chairman) shall from the question for a meeting
of the council,

All question at a meeting of council shall be decided by consensus,

The council may in the conduct of its business observe such other procedure
as it may with the approval of the central government , lay down from time
to time.

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COMPOSITION

The Inter State Council composes of the following members:

Prime Minister, Chairman.

Chief Ministers of states and union territories.

Administrators of union territories.

Six members of Cabinet rank.

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MEETINGS

The Inter-State Council has met eleven times. The details of the eleven meetings
are given below :

The First Meeting of the Inter-State Council held on 10.10.1990 discussed the
following agenda items:

Report of the Sarkaria Commission on Centre-State Relations

Levy of tax on inter-state consignment of goods

Transfer of additional excise duties from man-made fabrics to the textile

fibers/yarn stage

Setting up of special courts for speedy trial of economic offences and

offences under the Narcotic Drugs and Psychotropic Substances Act

The Second Meeting of the Council held on 15.10.1996 discussed the following
agenda items:

Consideration of 179 recommendations of Sarkaria Commission on which

there was a consensus in the Sub-committee of the Inter-State Council

Methodology for examination of 44 recommendations of Sarkaria

Commission on Centre-State financial relations, 11 recommendations on
which there was no consensus in the Sub-committee and one
recommendation relating to Centre-State relations in the sphere of education

Methodology for examination of the recommendations of Sarkaria

Commission relating to emergency provisions including Article 356

Appointment of High-Level Committee

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The Third Meeting of the Council held on 17.7.1997 discussed the following
agenda items:

Action taken on recommendations adopted at the Second meeting of the

Inter-State Council held on 15.10.96.

Alternative Scheme of Devolution of Share in Central Taxes to States

Amendments to Article 356

Chapter X of Sarkaria Commission on Centre-State Financial Relations

The Fourth Meeting of the Inter-State Council held on 28.11.1997 discussed the
following agenda items:

Chapter X of Sarkaria Commission Report on "Centre-State Financial

Relations"

Chapter IV of Sarkaria Commission Report on "Role of Governor"

Chapter XVII of Sarkaria Commission Report on "Inter-State River Water

Disputes"

Chapter XI of Sarkaria Commission Report on "Economic & Social

Planning"

Chapter XV of Sarkaria Commission Report on "Forests"

Action taken on decisions taken in the Third meeting of the Inter-State

Council held on 17th July, 1997

The Fifth Meeting of the Inter-State Council held on 22.1.1999 discussed the
following agenda items:

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Chapter VI of Sarkaria Commission Report on Emergency Provisions

(Articles 355 and 356 of the Constitution of India)

Guidelines for Conduct of Business of the Inter-State Council

Economic & Social Planning

Implementation Report on the recommendations endorsed by the Inter-State

Council

The Sixth Meeting of the Inter-State Council held on 20.5.2000 discussed the
following agenda items:

Chapter III of Sarkaria Commission Report on "Administrative Relations"

Chapter V of Sarkaria Commission Report on "Reservation of Bills"

Chapter X of Sarkaria Commission Report on "Financial Relations"

Chapter XII of Sarkaria Commission Report on "Industries"

Chapter XIV of Sarkaria Commission Report on "Agriculture"

Chapter XVI of Sarkaria Commission Report on "Food and Civil Supplies"

Chapter XVIII of Sarkaria Commission Report on "Trade, Commerce and

Intercourse within the Territory of India"

Action Taken Report on the issues decided and raised/discussed in the Fifth
meeting of the Inter-State Council held on the 22nd January, 1999

Implementation Report on the decisions taken by Inter-State Council on the

recommendations of the Sarkaria Commission

Removal of Restrictions on Movement of Essential Commodities

Post-retirement benefits to Governors

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The Seventh Meeting of the Inter-State Council held on 16.11.2001 discussed the
following agenda items:

Chapter II of Sarkaria Commission Report on Legislative Relations

Chapter IV of Sarkaria Commission Report on Role of the Governor

Chapter VIII of Sarkaria Commission Report on All India Services

Chapter IX of Sarkaria Commission Report on Inter Governmental

Council

Chapter XIII of Sarkaria Commission Report on Mines & Minerals

Chapter XIX of Sarkaria Commission Report on Mass Media

Chapter XX of Sarkaria Commission Report on Miscellaneous matters,

Language, UTs and High Court Judges

Implementation Report on the decisions taken by Inter-State Council in its

earlier meetings

The Eighth Meeting of the Inter-State Council held on 27-28.8.2003 discussed the
following agenda items:

Administrative Relations

Chapter VI of Sarkaria Commission Report on Emergency Provisions

Chapter VII of Sarkaria Commission Report on Deployment of Union

Armed Forces

Contract Labour and Contract Appointments

Implementation Report on the decisions taken by Inter-State Council on the

recommendations of Sarkaria Commission

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Good Governance An Action Plan

The Ninth Meeting of the Inter-State Council held on 28.6.2005 discussed the
following agenda items:

Blue Print of Action Plan on Good Governance

Disaster Management Preparedness of States to Cope With Disaster

Implementation Report on the decisions taken by Inter-State Council on the

recommendations of Sarkaria Commission

The Tenth Meeting of the Inter-State Council held on 9.12.2006 discussed the
following agenda items:

Atrocities on Scheduled Castes and Scheduled Tribes and status of

implementation of the Scheduled Castes/Scheduled Tribes (Prevention of
Atrocities) Act, 1989

The Eleventh Meeting of the Inter-State Council held on 16.07.2016 discussed the
following agenda items:

Consideration of the Recommendations of the Punchhi Commission on

Centre-State Relations

Use of Aadhaar as an identifier and use of DBT for providing Subsidies,

Benefits and Public Services

Improving Quality of School Education with focus on improving learning

outcomes, incentivising better performance, etc

Internal Security with focus on intelligence sharing and coordination for

combating terrorism / insurgency , police reforms and police modernisation

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FUNCTION OF INTER-STATE COUNCIL

Inquiring and advising upon disputes which may have emerged between the
States:
Investigating and discussing subjects in which the States or the Union has a
common interest.
Making suggestions on any such subject, for the better coordination of
policy and action with respect to that subject.

HIGHLIGHT OF 11TH INTERSTATE COUNCIL MEETING

Consideration of Punchhi commission recommendations on the Centre-State

Relations.
Use of Aadhaar and DBT for providing Subsidies, benefits, and Public
Services
Enhancing the quality of education with a focus on improving learning
outcomes, incentivizing better performance, etc.
Internal Security with a focus on intelligence sharing and synchronization
for fighting Terrorism and Insurgency and Police Reforms and Police
Modernization.

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CONCULUSION

The Constitution of India provides for a polity, which clearly defines spheres of
authority between the Union and the States to be exercised in the fields assigned to
them. Consistent with this, the Constitution has made an elaborate distribution of
powers between the Union and the States in the areas of legislative, administrative
and financial powers. The subject of Legislative Power has, accordingly, been
classified into three Lists Union List (List I), State List (List II) and the
Concurrent List (List III) in the Seventh Schedule of the Constitution. Residuary
powers of legislation have been vested in Parliament. The Union Government has,
from time to time, taken steps to look into the contentious issues between the
Centre and States.

The Union Government, constituted a Commission in 1988 under the

Chairmanship of Justice R.S. Sarkaria to review the working of the existing
arrangements between the Union and the States. One of the important
recommendations of Sarkaria Commission was for establishing a permanent Inter-
State Council as an independent national forum for consultation with a mandate
well defined in accordance with Article 263 of the Constitution of India.

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BIBLIOGRAPHY

Constitution law J.N Pandey

Internet

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