Inter-state Council

 Inter State council is a constitutional body set up on the basis of provisions in Article 263 of the Constitution of India.

Article 263 of the Constitution envisages establishment of an institutional mechanism to facilitate coordination of policies and their implementation between the Union and the State Governments.

It was set up for first time in 1990 through a Presidential order as per the recommendations of the Sarkaria Commission under the Ministry of Home affairs. 

The council is a recommendatory body on issues relating to inter- state, Centre-State and Centre–Union Territories

The Council may meet at least thrice in a year. All questions are decided by consensus. 

Council is the most dynamic platform to discuss policies, strengthen the Centre-State relations and act as a bridge to the trust deficit between the Centre and the States.

The functions of the council to enquire and advice upon inter-state disputes is complementary to the Supreme Court’s jurisdiction (Art. 131) to decide a legal controversy between the governments.

Functions of inter state council

Inter-State Council is a recommendatory body and it investigates and discusses such subjects, in which some or all of the States or the Union and one or more of the States have a common interest, for better coordination of policy and action with respect to that subject. It also deliberates upon such other matters of general interests to the States as may be referred by the Chairman to the Council. Its duties include:

Inquiring into and advising upon disputes which may have arisen between/among States

Investigating and discussing subjects in which some or all of the States, or the Union and one or more of the States have a common interest

Making recommendations upon any such subject for the better coordination of policy and action with respect to that subject

Member of the Interstate Council 

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 (i.e., Prime Minister) are permanent invitees to the Council.

 Significance of Interstate Council 

Constitutional Backing – Unlike other platforms for Centre State cooperation, ISC has constitutional backing which puts the states on more solid footing.

Cooperative federalism – In times of different political parties heading the Centre and various states, the need for dialogue assumes a greater importance.

Resolving disputes linked to state-state & centre-state

Decentralized decision making – If the goal of a more decentralised polity, which needs interaction between various levels of government, is to be achieved, Interstate Council is a crucial first step.

Makes governments more accountable – Given its status as a platform for dialogue and discussion, it makes the governments, both at centre and state level, more accountable for their actions.

A safety valve – The council helps to bridge the trust deficit between the centre and the states. If not always a problem solver, it at least acted as a safety valve.

 

Issues with Inter-state Council

Non-binding nature of advice of the council

Lack of regular meetings among members states – recently Inter-State Council met after a gap of 10 years.

Council lacks deliberation on socio-economically important topics such as poverty alleviation, health, education, SDG implementation at states level.

No representation to the civil society, NGOs and experts from corporate and academic streams in the Council.

Secretariat at Union Home Ministry and chairmanship of Union Home Minister gives perception of biasness.

It is seen as a mere arm-chair discussions without any substantial outcome.

Despite the constitutional backing to ISC (unlike the NITI Aayog) its potential is unutilized ad importance is underrated.

Sarkaria commission and Inter State-Council

The Sarkaria Commission on Centre-State Relations (1983–88) made a pitch for the establishment of a permanent Inter-State Council (under Art. 263) of the Constitution.

Commission recommended Inter-State Council must be called as the Inter-Governmental Council in order to differentiate from other bodies established under the same Art. 263.

It recommended that the Council should be charged with the duties laid down in 263 (b) and (c).

Standing committee of Inter State-Council

Standing Committee of the Council was set up in 1996 for continuous consultation and processing of matters for the consideration of the Council.

Members of standing committee:

Chairmanship – Union Home minister

Five Union Cabinet Ministers

Nine Chief Ministers

Functions of standing committee:

To monitor the implementation of decisions taken on the recommendations of the Inter-state Council

To process all matters relating to Centre-State Relations before they are taken up for consideration in the Inter-State Council.

To consider any other matter referred to it by the Chairman/Inter-state Council.

How to strengthen the Inter State- Council

It should be strengthened as a forum for not just administrative but also political and legislative give and take between centre and states.

Inter-state Council should provide wider representation to civil society institutions, NGOs, corporate sector and domain experts to make their representations.

Council should have experts in its organizational set up drawn from the disciplines of Laws, Management, finance and economics, political Science besides the All-India Services cadre.

Exploring possibility of shifting its secretariat from the Union Home Ministry to the Rajya Sabha secretariat to impart neutral federal character to the Inter-state Council.

The Inter-state Council must meet at least thrice in a year on an agenda evolved after proper consultation with States – Punchhi commission