Apna Gyaan

Inter-State Relationship!!! So, guys, until now we have discussed Federal System of Government, Centre-State Relationships. Now, in this post, we will be focusing on Inter-State Relationship.

The successful functioning of the Indian federal system depends on the harmonious relations between centre and state. At the same time, we want harmonious relations among states. So, the Indian Constitution makes the following provisions with regard to the inter-state relationship,

• Mutual recognition of public acts, records, and judicial proceedings. (Article 261)
• Adjudication of inter-state water disputes. (Article 262)
• Coordination through inter-state councils. (Article 263)
• Freedom of inter-state trade, commerce, and intercourse. (Article 301)

The zonal councils have been established by the Parliament to promote inter-state cooperation and coordination.

Inter-state Water Disputes

Article 262 of the Constitution provides for the adjudication of inter-state water disputes. Parliament by law provides rules to resolve any dispute with respect to the use, distribution, and control of water of any river.  No Indian court can intervene in the matters of the tribunal [even the SC].

Under this provision, Parliament enacted two laws [ the River Boards Act(1956) and the Inter-state Water Disputes Act(1956)]. The Inter-State Water Disputes Act empowers the Central government to set up an ad-hoc tribunal for the adjudication of a dispute between two or more states in relation to the waters of an inter-state river or river valley. The decision of the tribunal would be final and binding on the parties to the dispute.

Inter-State Water Dispute Tribunals Set-up So Far

Inter-State Councils

The Inter-State Council is a non-permanent constitutional body set up by Presidential order. It is based on the provisions in Article 263 of the Constitution of India. The President also empowered to define the duties of an inter-state council, According to Article 263,

• Enquiring into and advising upon disputes which may arise between states.
• Investigating and discussing subjects in which the states or the Centre and the states have a common interest.
• Making recommendations upon any such subject, and particularly for the better co-ordination of policy and action on it.

Establishment of Inter-State 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. It consists of the following members:

• Prime minister as the Chairman
• Chief ministers of all the states
• Chief ministers of union territories having legislative assemblies
• Administrators of union territories not having legislative assemblies
• Governors of States under President’s rule
• Six Central cabinet ministers, including the home minister, to be nominated by the Prime Minister.

Five Ministers of Cabinet rank / Minister of State (independent charge) nominated by the Chairman of the Council (Prime Minister) are permanent invitees to the Council.

The interstate council is the most dynamic platform to discuss policies and strengthen the centre-state relations. So, this works as an instrument for cooperation, coordination and the evolution of common policies and acts as a bridge to trust deficit between centre and state.

So, the inter-state council is proposed to meet thrice in a year. But in 27 years, it has met only 12 times. And Delhi on November 25, 2017, hosted the last meeting for the inter-state council.

Interstate Trade and Commerce

Articles 301 to 307 in Part XIII of the Indian Constitution deal with the trade, commerce, and intercourse within the territory of India. So, Article 301 declares that trade, commerce, and intercourse throughout the territory of India shall be free.

The object of this provision is to break down the border barriers between the states and to create one unit with a view to encouraging the free flow of trade, commerce, and intercourse in the country. So, other provisions (Article 302 to 305) provide some restrictions on this. They are,

• Parliament can impose restrictions on the freedom of trade, commerce and intercourse between the states or within a state in public interest. But Parliament cannot give preference to one state over another state.
• The legislature of a state can impose reasonable restrictions on the freedom of trade, commerce, and intercourse with that state or within that state in public interest.
• The legislature of a state can impose any tax on goods imported from other states or the union territories if similar goods manufactured in that state are subject.

So, the Parliament can appoint an appropriate authority for carrying out the purposes of the above provisions relating to the freedom of trade, commerce and intercourse and restrictions on it. But, no such authority has been appointed so far.

Thanks and Stay Civilized. 😊