Class-Notes-2-Inter-State-Relations
Class-Notes-2-Inter-State-Relations
(INTER-STATE RELATIONS)
INTER-STATERELATIONS...........................................................................................................2
I nter-StateWaterDisputes...........................................................................................................................2
Inter-StateCouncils......................................................................................................................................3
EstablishmentofInter-StateCouncil...........................................................................................................3
Inter-StateTrade&Commerce....................................................................................................................4
ZonalCouncils..............................................................................................................................................4
North-EasternCouncil..................................................................................................................................5
1
(Polity)
(INTER-STATE RELATIONS)
I NTER-STATE RELATIONS
TheConstitution makes the following provisionswithregard to inter-state peaceful Coexistence:
● Adjudication of inter-state water disputes (Article 262) .
● Coordination through inter-state councils (Article 263).
● Mutual recognition of public acts, records and judicial proceedings.
● Freedom of inter-state trade, commerce and intercourse (Articles 301 to 307)
● Zonal councils - establishedby the Parliament
● Article 262of the Constitution provides for the adjudicationof inter-state water disputes.
○ P arliamentmaybylawprovidefortheadjudicationofanydisputewithrespecttotheuse,
distribution and control of waters of any inter-state river and river valley
○ ParliamentmayalsoprovidethatneitherSCnoranyothercourtistoexercisejurisdiction
in respect of any such dispute or complaint
● Under Article 262, the Parliament has enacted two laws
○ TheRiverBoardsAct1956→ ByGovernmentofIndiaunderentry56ofListI(UnionList)
o f the VIIth schedule to the Constitution. The River Boards Act allows the Central
GovernmenttosetupRiverBoards,attherequestofstategovernments,toadviseonthe
planning and development of inter-state rivers.
○ Inter-State Water Disputes Act 1956→ The Government of India has enacted it for
adjudication of disputes relating to waters of inter-State rivers and river valleys.
■ When the Central Government is satisfied that thedisputecannotbesettledby
negotiations, it is referred to atribunalundertheprovisionsofInterStateRiver
Water Disputes (ISRWD) Act, 1956.
2
(Polity)
(INTER-STATE RELATIONS)
R avi & Beas Water 1986 R ajasthan, T ribunal term Matter subjudice
Tribunal Haryana & extended
Punjab
K rishna Water 2004 A ndhra Pradesh, T ribunal Term A ward given 2013.
Disputes Tribunal II Maharashtra, extended Some matters
Telangana & subjudice
Karnataka
ahadayi
M Water 2010 K arnataka,Goa& Tribunal Exists A ward given 2018.
Disputes Tribunal Maharashtra Some matters
pending
ahanadi
M Water 2018 C hhattisgarh & Tribunal Exists atter
M under
Disputes Tribunal Odisha adjudication
Inter-State Councils
● Article 263 - President establishes the Inter State Council in public interest.
● Whilethepresidenthastheauthoritytospecifythefunctionsofaninterstatecouncil,Article263
outlines the following types of functions that can be delegated to it:
○ Enquiring into and advising upon disputeswhich mayarise between states;
○ Investigate subjectsin which states or Centre andthe states have a common interest; and
○ Making recommendations upon any such subject, and particularly for the better
coordination of policy and action on it.
3
(Polity)
(INTER-STATE RELATIONS)
Article Description
301 ● T rade, commerce, intercourse throughout the country shall be free.
● This freedomapplies toboth inter-state and intra-statetrade, commerce.
4
(Polity)
(INTER-STATE RELATIONS)
303 ● State legislaturescan impose restrictions withinthat state in public interest.
● For such a bill,previous sanction of the Presidentis required.
● States cannot discriminate between states.
304 ● States can impose any tax on goods imported from another state or UT if
similar goods are manufactured in that state.
Zonal Councils
● Statutory (Extra-constitutional) body established under Reorganisation of States Act 1956
(7th CAA 1956).
● Theactdividedthecountryintofivezones:Northern,Central,Eastern,WesternandSouthern
and provided a zonal council for each zone.
● They are only deliberative and advisory bodies; recommendations arenot binding.
● Zonal Councils should meetat least twice a year.
● Section16(1)oftheStatesReorganisationAct1956-ZonalCouncilsshallconsistofthefollowing
members:
○ (a) AUnion Minister - nominated by the President.
○ (b)theChiefMinisterofeachoftheStatesincludedinthezoneandtwootherMinistersof
eachsuchStatetobenominatedbytheGovernorandifthereisnoCouncilofMinistersin
any such State, three members from that State to benominated by the President;
○ (c)whereanyUnionTerritoryisincludedinthezone,notmorethantwomembersfrom
each such territory to be nominated by the President;
● The UnionMinisternominatedbythePresidenttoaZonalCouncilshallbeitsChairman.The
President has nominated the Union Home Minister to be the Chairman of all the Zonal
5
(Polity)
(INTER-STATE RELATIONS)
Councils.
● T heChiefMinistersoftheStatesincludedineachzoneshallactasVice-ChairmanoftheZonal
Council for that zone by rotation, each holding office for a period of one year at a time.
1 . Northern Zonal J ammu and Kashmir, Himachal Pradesh, Haryana, New Delhi
Council Punjab, Rajasthan, Delhi, and Chandigarh
North-Eastern Council
● Statutory body created by separate Act -North EasternCouncil Act, 1971.
● Members: all North Eastern states -Assam,Manipur,Mizoram,ArunachalPradesh,Nagaland,
Meghalaya, Tripura and Sikkim.
● Composition:
○ Governor of the States;
○ Chief Ministers of the States;
○ Three members to be nominated by the President.
● The President nominates the Chairman and Vice-Chairman of the Council.
● Generally, the Union Home Minister is appointed as Chairman and the Minister DoNER is
appointed as Vice-Chairman of the NEC.
6
(Polity)
(INTER-STATE RELATIONS)
7