Question

Consider the following statements about the Inter-State Council under Article 263:

1. The Inter-State Council was established based on the recommendations of the Sarkaria Commission.

2. The Council includes the Prime Minister as the Chairman and all Chief Ministers of states as members.

3. The Council has the authority to enforce its recommendations on inter-state and Centre-state relations.

Which of the statements given above is/are correct?

• A. 1 and 2 only
• B. 2 and 3 only
• C. 1 and 3 only
• D. All of the above

Answer 1

Answer:

A. 1 and 2 only

Inter-State Council under Article 263: Detailed Explanation

• The Inter-State Council is a constitutional body established under Article 263 of the Indian Constitution. It serves as a mechanism to facilitate coordination and resolve disputes between the states, and between the Centre and the states.
• The Council was formally constituted on May 28, 1990, through a Presidential Order. This establishment was a direct outcome of the strong recommendations made by the Sarkaria Commission.

• Sarkaria Commission (1983-1987)

  • The Commission on Centre-State Relations was headed by Justice R.S. Sarkaria, a retired judge of the Supreme Court.
  • It was set up to examine the working of the arrangements between the Centre and states and recommend changes.
  • A key recommendation was the creation of a permanent Inter-State Council to promote cooperative federalism and provide a platform for discussion and consultation on matters of common interest.

• Composition of the Inter-State Council

  • The Prime Minister of India is the Chairman of the Inter-State Council.
  • Chief Ministers of all States are members.
  • Chief Ministers of Union Territories having a Legislative Assembly (e.g., Delhi, Puducherry) are also members.
  • Administrators of Union Territories that do not have a Legislative Assembly are included.
  • Six Union Cabinet Ministers, nominated by the Prime Minister, are also members. These usually include ministers holding portfolios relevant to inter-state relations.

• Nature of Recommendations

  • It is crucial to note that the recommendations made by the Inter-State Council are advisory in nature and are not legally binding on the Central government or the state governments.
  • The Council's role is to discuss, deliberate, and suggest solutions to matters of common interest or disputes, thereby fostering consensus and cooperation rather than enforcing decisions.

• Functions of the Inter-State Council

  • To inquire into and advise upon disputes which may have arisen between states.
  • To investigate and discuss subjects in which some or all of the states, or the Union and one or more of the states, have a common interest.
  • To make recommendations upon any such subject for the better co-ordination of policy and action.

• Standing Committee of the Inter-State Council

  • A Standing Committee of the Inter-State Council was formed in 1996 to ensure continuous consultation and processing of matters for the Council.
  • The Union Home Minister is the Chairman of this Standing Committee.
  • It comprises nine Union Cabinet Ministers and nine Chief Ministers as members.