instruction
stringlengths
1
84
input
stringlengths
1
85
output
stringlengths
1
83
Lakshmanswamy Mudaliar and P.C. Chandra Reddy.
26. B. Sivaraman and S.R. Sen were two other members of the
Commission.
27. The other four Members of the Commission were Dhirendra
Singh (Former Secretary to the Government of India), Vinod
Kumar Duggal (Former Secretary to the Government of
National Judicial Academy, Bhopal and National Law School
of India, Bangalore) and Dr. Amaresh Bagchi (Emeritus
Professor, National Institute of Public Finance and Policy,
New Delhi). With the passing away of Dr. Bagchi in
February 2008, Vijay Shanker (Former Director, Central
Bureau of Investigation, Government of India) was
appointed in his place as a Member of the Commission in
October 2008.
28. Annual Report 2018–19, Ministry of Home Affairs,
15 Inter-State Relations
T
he successful functioning of the Indian federal system
depends not only on the harmonious relations and close
cooperation between the Centre and the states but also
between the states inter se. Hence, the Constitution makes the
following provisions with regard to inter-state comity:
1. Adjudication of inter-state water disputes.
2. Coordination through inter-state councils.
3. Mutual recognition of public acts, records and judicial
proceedings.
4. Freedom of inter-state trade, commerce and intercourse.
INTER-STATE WATER DISPUTES
Article 262 of the Constitution provides for the adjudication of inter-
state water disputes. It makes two provisions:
(i) 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.
(ii) Parliament may also provide that neither the Supreme Court nor
any other court is to exercise jurisdiction in respect of any such
dispute or complaint.
Under this provision, the Parliament has enacted two laws [the
River Boards Act (1956) and the Inter-State Water Disputes Act
(1956)]. The River Boards Act provides for the establishment of river
boards for the regulation and development of inter-state river and
river valleys. A river board is established by the Central government
on the request of the state governments concerned to advise them.
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 in relation to the waters of an
inter-state river or river valley. The decision of the tribunal would be
final and binding on the parties to the dispute. Neither the Supreme
Court nor any other court is to have jurisdiction in respect of any
water dispute which may be referred to such a tribunal under this
Act.
The need for an extra judicial machinery to settle inter-state water
disputes is as follows: “The Supreme Court would indeed have
jurisdiction to decide any dispute between states in connection with
water supplies, if legal rights or interests are concerned; but the
experience of most countries has shown that rules of law based
upon the analogy of private proprietary interests in water do not
afford a satisfactory basis for settling disputes between the states
where the interests of the public at large in the proper use of water
supplies are involved.”1
So far (2019), the Central government has set up nine inter-state
water dispute tribunals. The name of the tribunals, the years in which
they were constituted and the states involved in the dispute are
mentioned in Table 15.1.
SI. Name Set-up in States Involved
No.
1. Krishna Water 1969 Maharashtra,
Disputes Tribunal-I Karnataka and
Andhra Pradesh
2. Godavari Water 1969 Maharashtra,
Disputes Tribunal Karnataka, Andhra
Pradesh, Madhya
Pradesh and
Odisha
3. Narmada Water 1969 Rajasthan, Gujarat,
Disputes Tribunal Madhya Pradesh
and Maharashtra
4. Ravi and Beas 1986 Punjab, Haryana
Water Disputes and Rajasthan
Tribunal
5. Cauvery Water 1990 Karnataka, Kerala,
Disputes Tribunal Tamil Nadu and
Puducherry
6. Krishna Water 2004 Maharashtra,
Disputes Tribunal-II Karnataka and
Andhra Pradesh
7. Vansadhara Water 2010 Odisha and Andhra
Disputes Tribunal Pradesh
8. Mahadayi Water 2010 Goa, Karnataka
Disputes Tribunal and Maharashtra
9. Mahanadi Water 2018 Odisha and
INTER-STATE COUNCILS
Article 263 contemplates the establishment of an Inter-State Council
to effect coordination between the states and between Centre and
states. Thus, the President can establish such a council if at any
time it appears to him that the public interest would be served by its
establishment. He can define the nature of duties to be performed by
such a council and its organisation and procedure.
Even though the president is empowered to define the duties of
an inter-state council, Article 263 specifies the duties that can be
assigned to it in the following manner:
(a) enquiring into and advising upon disputes which may arise
between states;
(b) investigating and discussing subjects in which the states or the
Centre and the states have a common interest; and
(c) making recommendations upon any such subject, and
particularly for the better co-ordination of policy and action on it.
“The council’s function to enquire and advice upon inter-state
disputes is complementary to the Supreme Court’s jurisdiction under
Article 131 to decide a legal controversy between the governments.
The Council can deal with any controversy whether legal or non-
legal, but its function is advisory unlike that of the court which gives a
binding decision.”2
Under the above provisions of Article 263, the president has
established the following councils to make recommendations for the
better coordination of policy and action in the related subjects:
• Central Council of Health and Family Welfare.
• Central Council of Local Government3
• Four Regional Councils for Sales Tax for the Northern, Eastern,
Western and Southern Zones.4
Establishment of Inter-State Council
The Sarkaria Commission on Centre-State Relations (1983–88)
made a strong case for the establishment of a permanent Inter-State
Council under Article 263 of the Constitution. It recommended that in
order to differentiate the Inter-State Council from other bodies
established under the same Article 263, it must be called as the
Inter-Governmental Council. The Commission recommended that
the Council should be charged with the duties laid down in clauses
(b) and (c) of Article 263 (see above).
In pursuance of the above recommendations of the Sarkaria
Commission, the Janata Dal Government headed by V. P. Singh
established the Inter-State Council in 1990.5 It consists of the
following members:
(i) Prime minister as the Chairman
(ii) Chief ministers of all the states
(iii) Chief ministers of union territories having legislative assemblies
(iv) Administrators of union territories not having legislative
assemblies
(v) Governors of States under President’s rule
(vi) 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.
The council is a recommendatory body on issues relating to inter-
state, Centre-state and Centre-union territories relations. It aims at
promoting coordination between them by examining, discussing and
deliberating on such issues. Its duties, in detail, are as follows:
• investigating and discussing such subjects in which the states
or the centre have a common interest;
• making recommendations upon any such subject for the better
coordination of policy and action on it; and
• deliberating upon such other matters of general interest to the
states as may be referred to it by the chairman.
The Council may meet at least thrice in a year. Its meetings are
held in camera and all questions are decided by consensus.
There is also a Standing Committee of the Council. It was set up
in 1996 for continuous consultation and processing of matters for the
consideration of the Council. It consists of the following members:
(i) Union Home Minister as the Chairman
(ii) Five Union Cabinet Ministers
(iii) Nine Chief Ministers
The Council is assisted by a secretariat called the Inter-State
Council Secretariat. This secretariat was set-up in 1991 and is
headed by a secretary to the Government of India. Since 2011, it is
also functioning as the secretariat of the Zonal Councils.
PUBLIC ACTS, RECORDS AND JUDICIAL
PROCEEDINGS
Under the Constitution, the jurisdiction of each state is confined to its
own territory. Hence, it is possible that the acts and records of one
state may not be recognised in another state. To remove any such
difficulty, the Constitution contains the “Full Faith and Credit” clause
which lays down the following:
(i) Full faith and credit is to be given throughout the territory of India
to public acts, records and judicial proceedings of the Centre
and every state. The expression ‘public acts’ includes both
legislative and executive acts of the government. The
expression ‘public record’ includes any official book, register or
record made by a public servant in the discharge of his official
duties.
(ii) The manner in which and the conditions under which such acts,
records and proceedings are to be proved and their effect
determined would be as provided by the laws of Parliament. This
means that the general rule mentioned above is subject to the
power of Parliament to lay down the mode of proof as well as
the effect of such acts, records and proceedings of one state in
another state.
(iii) Final judgements and orders of civil courts in any part of India
are capable of execution anywhere within India (without the
necessity of a fresh suit upon the judgement). The rule applies
only to civil judgements and not to criminal judgements. In other
words, it does not require the courts of a state to enforce the
penal laws of another state.
INTER-STATE TRADE AND COMMERCE
Articles 301 to 307 in Part XIII 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 interstate 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 trad
commerce and intercourse between the states or within a sta
in public interest.6 But, the Parliament cannot give preference
one state over another or discriminate between the stat
except in the case of scarcity of goods in any part of India.
(ii) The legislature of a state can impose reasonable restrictions
the freedom of trade, commerce and intercourse with that sta
or within that state in public interest. But, a bill for this purpo
can be introduced in the legislature only with the previo
sanction of the president. Further, the state legislature cann
give preference to one state over another or discrimina
between the states.
(iii) The legislature of a state can impose on goods imported fro
other states or the union territories any tax to which simi
goods manufactured in that state are subject. This provisi
prohibits the imposition of discriminatory taxes by the state.
(iv) The freedom (under Article 301) is subject to the nationalisati
laws (i.e., laws providing for monopolies in favour of the Cent
or the states). Thus, the Parliament or the state legislature c
any trade, business, industry or service, whether to t
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
ZONAL COUNCILS
The Zonal Councils are the statutory (and not the constitutional)
bodies. They are established by an Act of the Parliament, that is,
States Reorganisation Act of 1956. The act divided the country into
five zones (Northern, Central, Eastern, Western and Southern) and
provided a zonal council for each zone.
While forming these zones, several factors have been taken into
account which include: the natural divisions of the country, the river
systems and means of communication, the cultural and linguistic
affinity and the requirements of economic development, security and
law and order.
Each zonal council consists of the following members: (a) home
minister of Central government. (b) chief ministers of all the States in
the zone. (c) Two other ministers from each state in the zone. (d)
Administrator of each union territory in the zone.
Besides, the following persons can be associated with the zonal
council as advisors (i.e., without the right to vote in the meetings):
(i) a person nominated by the Planning Commission; (ii) chief
secretary of the government of each state in the zone; and (iii)
development commissioner of each state in the zone.
The home minister of Central government is the common
chairman of the five zonal councils. Each chief minister acts as a
vice-chairman of the council by rotation, holding office for a period of
one year at a time.
The zonal councils aim at promoting cooperation and coordination
between states, union territories and the Centre. They discuss and
make recommendations regarding matters like economic and social
planning, linguistic minorities, border disputes, interstate transport,
and so on. They are only deliberative and advisory bodies.
The objectives (or the functions) of the zonal councils, in detail,
are as follows:
• To achieve an emotional integration of the country.
• To help in arresting the growth of acute state-consciousness,
regionalism, lingu-ism and particularistic trends.
• To help in removing the after-effects of separation in some
cases so that the process of reorganisation, integration and
• To enable the Centre and states to cooperate with each other in
social and economic matters and exchange ideas and
experience in order to evolve uniform policies.
• To cooperate with each other in the successful and speedy
execution of major development projects.
• To secure some kind of political equilibrium between different
regions of the country.
North-Eastern Council In addition to the above Zonal Councils, a
North-Eastern Council was created by a separate Act of Parliament–
the North-Eastern Council Act of 1971.8 Its members include Assam,
Manipur, Mizoram, Arunchal Pradesh, Nagaland, Meghalaya, Tripura
and Sikkim.9 Its functions are similar to those of the zonal councils,
but with few additions. It has to formulate a unified and coordinated
regional plan covering matters of common importance. It has to
review from time to time the measures taken by the member states
for the maintenance of security and public order in the region.
Table 15.2 Zonal Councils at a Glance
Name Members Headquarters
1. Northern Himachal Pradesh, Haryana, New Delhi
Zonal Council Punjab, Rajasthan, Delhi,
Chandigarh, Jammu and Kashmir
and Ladakh
2. Central Uttar Pradesh, Uttarakhand, Allahabad
Zonal Council Chhattisgarh, and Madhya Pradesh
3. Eastern Bihar, Jharkhand, West Bengal and Kolkata
Zonal Council Odisha
4. Western Gujarat, Maharastra, Goa, Dadra Mumbai
Zonal Council and Nagar Haveli and Daman and
Diu
5. Southern Andhra Pradesh, Telangana, Chennai