🎯 Dronacharya Mentorship 2026–27 batch now open — limited seats. Ask on WhatsApp →

Reviving the Inter-State Council: Article 263 and Federalism

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
📰

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.

⭐

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.
⭐

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.
⭐

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.
🚧

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.
ℹ️

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.
🛤️

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.
📰
Source: The Indian Express

This will close in 0 seconds

Scroll to Top