Inter-State Relations
- Constitution makes following provisions
- Adjudication of Inter-State water disputes
- Coordination through Inter-State councils
- Mutual recognition of Public acts, Records, Judicial proceedings
- Freedom of Inter-State trade, commerce and intercourse
- Zonal councils has been established by Parliament to promote Inter-State coordination and cooperation
Inter-State Water Disputes
- Article 262
- Parliament by law provides for the adjudication of any disputes or complaints with respect to use, distribution and control of water of any Inter-State River and River valley
- Parliament may also provide that neither SC nor any other court is to exercise jurisdiction in respect of any such disputes or complaints
- Parliament enacted 2 laws
- River Board Act, 1956
- Provides for establishment of the river board for the regulation and development of inter-state rivers
- Established by Central Government on request of State government concerned
- Inter-State Water dispute Act, 1956
- Empowers the central government to setup Ad hoc tribunalfor the adjudication of the dispute between 2 or more states in relations to water of Inter-State river
- The decision of the tribunal would befinal and binding on the parties to the dispute
- Neither SC nor any other court can interfere
- SC would indeed have jurisdiction to decide any disputes between states with water supplies, if legal rights or interest are concerned
Inter-State Council
- Article 263
- Inter-State council to effort coordination between the States and between State and Centre
- President can establish such a council if at any time it appears to him that the public interest would be served
- Duties of Council are
- Enquiring into disputes which may arise between states
- Investigating and discussing subjects of common interest
- Making recommendations upon any such subjects
- These are not binding
- Can deal with any controversy legal or illegal
Establishment of Inter-State Council
- Sarkaria Commission on Centre-State relation made a strong case on establishment of permanent Inter-State council under Article 263
- It must be called as Inter-Governmental Council
- Janta Dal government led by VP Singh established the Inter-State Council in 1990
- Recommendatory body
- Structure
- PM as Chairman
- CM of all States and UT having Assembly
- 6 Union Cabinet Ministers including Home minister
- Governor of States under Presidential rule
- Administrator of UT
- Council may meet thrice a year
- Investigation, recommendations and deliberating upon such other matter of general interest
- Standing Committee
- Union Home Minister as Chairman
- 5 Union Cabinet Ministers
- 9 CM’s
Inter-State Trade & Commerce
- Article 301 to 307 in Part 13
- Article 301 declares that trade, commerce & intercourse throughout the territory of India shall be Free
- To provide inter-state trade, to avoid barriers
- Parliament can impose restriction on freedom of trade, commerce, but parliament can’t give preference to any state over other except in case of scarcity of goods
- Legislature of state can impose reasonable restrictions on freedom of trade for public interest, bill for this with previous sanction of President
- Legislature can impose on goods imported from other state any tax to which similar goods manufacture in state
- Parliament can appoint any authority for the purpose
Zonal Council
- Statutory bodies : State Reorganisation Act 1956
- 5 zones : Northern, Central, Eastern, Western, Southern
- Many factors such as natural division of country, river system, means of communication, etc
- Members
- Home Minister of Centre (Common Chairman of all zones)
- CM of all states in zone
- 2 other ministers
- Administrator of UT in zone
- Objectives
- To achieve emotional integration of the country
- To help in arresting the growth of acute states, linguism, regionalism
- To help in removing the after effect of separation in some cases
- To secure some kind of political equilibrium
- North Eastern Council
- Created by North Eastern Council Act of 1971
- Include Assam, Manipur, Mizoram, Arunachal Pradesh, Nagaland, Meghalaya, Tripura, Sikkim
- Same functions with few additions such as covering matter of common importance