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Inter State Relations in India

Topics Discussed: -

· Introduction

· Constitutional provisions related to Inter State Relations

· Inter States Water Disputes

· Inter States Councils

· Freedom of Inter State, Commerce and Discourse

· Mutual Recognition of public acts, records and judicial proceedings

· Zonal Councils

· PRACTICE QUESTIONS

· Introduction

I. Though a federal Constitution involves the sovereignty of the Units within their respective territorial limits.

II. It is not possible for them to remain In complete isolation from each other and the very exercise of Internal sovereignty by a state would require its recognition by, and co-operation of the other Units of the federation.

III. All federal Constitutions, therefore, lay down certain rules of comity which the Units are required to observe, In their treatment of each other. These rules and agencies relate to such matters as-

(a) Recognition of the public acts, records and judicial proceedings of each other.

(b) Extrajudicial settlement of disputes.

(c) Co-ordination between States.

(d) Freedom of Inter-Stale trade, commerce and Intercourse

· Constitutional provisions related to Inter State Relations

I. Adjudication of inter-state water disputes – Art. 262

II. Coordination through inter-state council – Art.263

III. Mutual recognition of public acts, records and judicial Proceedings-Art 261

IV. Freedom of inter-state trade, commerce and intercourse – Art. 301

V. STATUTORY provision – Zonal Councils

· Inter States Water Disputes (Art 262)

Art. 262 provides for adjudication of inter-state water disputes and contains 2 provisions: -

1. Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution and control of waters of any inter-state river and river valley.

2. Parliament may also provide that neither the Supreme Court nor any court is to exercise jurisdiction in respect of any such dispute or complaint.

· The Parliament has enacted River Boards Act (1956) and the Inter-State Water Disputes Act (1956).

· The River Board Act provides for the establishment of river boards, on the request of the state governments concerned, for regulation and development of inter-state river and river valleys.

· 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. The decision of the tribunal is final and binding.

· Inter States Councils (Art 263)

What is ISC?

I. The Inter-State Council is a Constitutional Body to facilitate coordination between states and the centre

II. It is a recommendatory body to investigate and discuss subjects, in which some or all of the states or the Central government have a common interest.

III. It is set up on the basis of provisions in Article 263 of the Constitution of India by a Presidential Order, 1990 based on the recommendation of Sarkaria Commission.

IV. The Inter-state council is not a permanent constitutional body for coordination between the states and Central government. Rather, President can establish it at any time if it appears to him that the public interests would be served by the establishment of such a council

What is the composition of new ISC?

I. Members: Chief Ministers of all states and Union Territories (having legislative Assembly), Six Union Ministers.

II. Besides, administrators of Union Territories which do not have legislative Assembly are also members of the Council.

III. Six Union Ministers: Home Minister, Finance Minister, Defense Minister, External Affairs Minister, Minister for Information and Broadcasting and Road Transport Highways and Shipping Minister.

IV. ISC is headed by Prime Minister (Chairman)

V. The Standing Committee of the Inter State Council will be headed by Union Minister of Home Affairs

About standing committee of Interstate council:

I. The standing committee of Interstate council is constituted under the chairmanship of Union Home Minister.

II. Apart from Home minister the committee consists of 5 union cabinet ministers and 9 chief Ministers.

III. The key functions of standing committee include:

· To monitor the implementation of decisions taken on the recommendations of the Interstate Council an

· 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/Interstate Council.

· Freedom of Inter State, Commerce and Discourse (Art 301)

In the Indian Constitution, the provisions regarding the freedom of trade, commerce and intercourse were adopted from the Constitution of Australia.

Articles 301 to 307 in Part XIIl of the Constitution deal with the trade, commerce and intercourse within the territory of India.

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 encourage the free flow of trade, commerce and intercourse in the country. The freedom under this provision is not confined to inter-state trade, commerce and intercourse but also extends to intra-state trade, commerce and intercourse. Thus, Article 301 will be violated whether restrictions are imposed at the frontier of any state or at any prior or subsequent stage.

The freedom guaranteed by Article 301 is a freedom from all restrictions, except those which are provided for in the other provisions (Articles 302 to 305) of Part XIII of the Constitution itself. These are explained below:

(i) Parliament can impose restrictions on the freedom of trade, commerce and intercourse between the states or within a state in public interest. But, the Parliament cannot give preference to one state over another or discriminate between the states except in the case of scarcity of goods in any part of India.

(ii) The legislature of a state can impose reason able restrictions on the freedom of trade, commerce and intercourse with that state or within that state in public interest. But, a bill for this purpose can be introduced in the legislature only with the previous sanction of the president. Further, the state legislature cannot give preference to one state over another or discriminate between the states.

(iii) The legislature of a state can impose on goods imported from other states or the union territories any tax to which similar goods manufactured in that state are subject. This provision prohibits the imposition of discriminatory taxes by the state.

(iv) The freedom (under Article 301) is subject to the nationalization laws (i.e. laws providing for monopolies in favour of the Centre or the states). Thus, the Parliament or the state legislature can make laws for the carrying on by the respective government of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise.

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. The Parliament can also confer on that authority the necessary powers and duties. But, no such authority has been appointed so far

· Mutual Recognition of public acts, records and judicial proceedings (Art 261)

I. As power and jurisdiction of each of the states is limited to its territory, the acts and records of one state may not get recognition in other state without any binding provision to do so.

II. So, the Constitution provides that “Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State” (Article 261).

III. So laws or statutes of one state get similar recognition in other states. The Parliament has power to law down manner and conditions to enforce above provisions. Similarly, final judgments or orders delivered or passed by civil courts in any part of the territory of India shall be capable of execution anywhere within that territory according to law.

· Zonal Councils

What are Zonal Councils?

I. Zonal councils have been established by the Parliament to promote interstate cooperation and coordination.

II. They are statutory bodies established under the States Reorganization Act 1956 and not constitutional bodies.

III. They are only deliberative and advisory bodies

How many Zonal Councils are there?

There are 5 five Zonal councils namely:

I. The Northern Zonal Council, comprising the States of Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, National Capital Territory of Delhi and Union Territory of Chandigarh.

II. The Central Zonal Council, comprising the States of Chhattisgarh, Uttarakhand, Uttar Pradesh and Madhya Pradesh.

III. The Eastern Zonal Council, comprising the States of Bihar, Jharkhand, Orissa, and West Bengal.

IV. The Western Zonal Council, comprising the States of Goa, Gujarat, Maharashtra and the Union Territories of Daman & Diu and Dadra & Nagar Haveli.

V. The Southern Zonal Council, comprising the States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union Territory of Puducherry.

The North Eastern States i.e. (i) Assam (ii) Arunachal Pradesh (iii) Manipur (iv) Tripura (v) Mizoram (vi) Meghalaya (vii) Sikkim and (viii) Nagaland are not included in the Zonal Councils and their special problems are looked after by the North Eastern Council, set up under the North Eastern Council Act, 1972.

What is the composition of Zonal Councils?

I. Chairman – The Union Home Minister is the Chairman of each of these Councils.

II. Vice Chairman – The Chief Ministers of the States included in each zone act as Vice-Chairman of the Zonal Council for that zone by rotation, each holding office for a period of one year at a time.

III. Members- Chief Minister and two other Ministers as nominated by the Governor from each of the States and two members from Union Territories included in the zone.

IV. Advisers- One person nominated by the Planning Commission (which has been replaced by NITI Aayog now) for each of the Zonal Councils, Chief Secretaries and another officer/Development Commissioner nominated by each of the States included in the Zone.

V. Union Ministers are also invited to participate in the meetings of Zonal Councils depending upon necessity.

What is the objective of zonal councils?

The main objectives of setting up of Zonal Councils are:

I. Bringing out national integration.

II. Arresting the growth of acute State consciousness, regionalism, linguism and particularistic tendencies.

III. Enabling the Centre and the States to co-operate and exchange ideas and experiences.

IV. Establishing a climate of co-operation amongst the States for successful and speedy execution of development projects.

· PRACTICE QUESTIONS

Q.1. The chairman of Zonal Council is -

a. The home minister of central government.
b. Vice-President of India.
c. The chief minister & is nominated by PM of India.
d. A union minister & is nominated by President of India.

ANS: A

Q.2 Which of the following is/are?

1) Full faith and credit is to be given throughout India to judicial proceedings of the Centre and every state.
2) Courts of a state in India need to apply penal laws of any other state of India.

a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2

ANS: A

Q.3 Consider the following statements:

1. The idea of creation of zonal council was mooted by the first Prime Minister of India, Pandit Jawahar Lal Nehru in 1956.

2. He suggested that the states proposed to be reorganized may be grouped into four or five zones having an Advisory Council to develop cooperative working among these states.

Which of the above statements is/are correct?

a. Only 1

b. Only 2

c. Both 1 nor 2

d. Neither 1 nor 2

ANS: C

Q.4. Consider the following statements about the issues which may not be brought up before the Inter-State Council: