UPSC Mains
GS Paper II
Polity & Federalism
Reviving the Inter-State Council: Article 263 and Federalism
A commentary has called for reviving the Inter-State Council as a regular Centre-State forum, saying issues like delimitation should be settled only after consulting States
CONSTITUTIONAL BASIS
Article 263
SET UP
28 May 1990
LAST MEETING
July 2016
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Why in News
A commentary has called for reviving the Inter-State Council as a regular Centre-State forum, saying issues like delimitation should be settled only after consulting States.
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What does the Constitution say about the Inter-State Council?
The Council is a consultative body, not a decision-making one.
- Article 263: The President may set it up. Its duties include advising on disputes between States, discussing subjects of common interest and recommending better coordination of policy.
- Creation: By a Presidential Order of 28 May 1990, after the Sarkaria Commission.
- Composition: The Prime Minister as chairman, with Chief Ministers and six Union Cabinet Ministers.
- Standing Committee and Secretariat: The Standing Committee was set up in 1996 (chaired by the Home Minister) and the Secretariat in 1991.
Note: Its recommendations are advisory, so its value depends on how often it meets.
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Why has the Council become weak?
- Rare meetings: It should meet three times a year, but the last meeting was in July 2016.
- Under the Home Ministry: The commentary says it works as part of a central ministry and cannot set its own agenda.
- Preference for informal talks: Governments often decide on their own or hold informal talks instead.
- Lack of trust: Policies are made without asking Chief Ministers, especially of Opposition-ruled States.
- Takeaway: A forum that does not meet cannot build trust.
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How does delimitation link to this?
- The freeze: Seats in the Lok Sabha and Assemblies are fixed on 1971 Census numbers until the first Census after 2026 (84th Amendment, 2001).
- States’ concern: A change in the distribution of seats affects the balance of power between States, so States want a say.
- The argument: Deciding the issue in Parliament alone bypasses the States, and the Council is the natural forum for them to express their views.
Note: On questions that change power-sharing between States, consultation should come before legislation.
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Challenges
- Advisory nature: The Council cannot bind the Centre or States.
- Overlapping forums: The GST Council, NITI Aayog’s Governing Council and Zonal Councils also deal with Centre-State issues.
- Political will: The Prime Minister decides when it meets and what it discusses.
- Trust deficit: States ruled by different parties may doubt the Centre’s intent.
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Prelims Pointers
- Article 263: Provision for an Inter-State Council.
- Establishment: 28 May 1990, by a Presidential Order, on the Sarkaria Commission’s advice (1983-88).
- Composition: Prime Minister as chairman, Chief Ministers and six Union Cabinet Ministers.
- Standing Committee and Secretariat: The Standing Committee (1996) is chaired by the Home Minister, and the Secretariat was set up in 1991.
- Zonal Councils: Statutory bodies under the States Reorganisation Act, 1956, with five zones.
- Punchhi Commission: The second commission on Centre-State relations.
- Related articles: Article 262 (inter-State water disputes) and Article 131 (Supreme Court’s original jurisdiction in Centre-State disputes).
- Delimitation: Articles 82 and 170. The 84th Amendment (2001) keeps seats on 1971 numbers until the first Census after 2026.
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Way Forward
Regular meetings
Follow the rule of at least three meetings a year, with a published agenda.
Independent secretariat
Give it statutory backing and a mix of civil servants and experts.
States’ agenda
Let States propose items, such as delimitation, fiscal matters and water.
Accountability
Place its recommendations and the follow-up before Parliament and State legislatures.
Use of past reports
Act on the Sarkaria and Punchhi Commission recommendations.
Conclusion: Cooperative federalism needs a regular forum, not only a slogan. A functioning Inter-State Council can bring States into decisions that affect all of them.
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Source: The Indian Express

