QUE : “The Inter-State Council (ISC) under Article 263 is a constitutional mechanism for cooperative federalism, yet it has remained largely underutilized since its inception. Explain the constitutional provisions regarding its composition and functions. How can the ISC be revitalized to effectively resolve inter-state disputes and coordinate policy?”

ANSWER

1. Introduction

Article 263 empowers the President to establish an Inter-State Council (ISC) if it serves public interest. Established in 1990 on the Sarkaria Commission’s recommendation, it is a recommendatory body chaired by the Prime Minister to foster coordination between the Centre and States.

2. Body

Constitutional Provisions (Composition & Functions):

• Composition (Art 263/ Presidential Order 1990): PM (Chairman), CMs of all States, CMs of UTs with legislatures, Administrators of UTs without legislatures, Governors of States under President’s Rule, and 6 Union Cabinet Ministers (nominated by PM).

• Functions: (a) Inquiring into and advising on disputes between States; (b) Investigating and discussing subjects of common interest; (c) Making recommendations for better coordination of policy and action.

Revitalization Measures:

• Regular Meetings: Mandate minimum 3 meetings/year (Punchhi Commission) vs. sporadic history (only 12 meetings since 1990).

• Binding Recommendations: Elevate status on fiscal/developmental matters via constitutional amendment or convention.

• Permanent Secretariat: Strengthen research wing for data-driven dispute resolution (e.g., water, boundary).

• Sectoral Sub-Committees: Operationalize standing committees on GST, internal security, education for continuous engagement.

• Inclusion of Experts: Involve domain specialists for technical disputes (river water tribunals).

3. Conclusion

Revitalizing the ISC aligns with the spirit of Viksit Bharat @2047 and competitive-cooperative federalism. Transforming it from a dormant talk-shop into a dynamic negotiation platform is essential to manage the complexities of India’s asymmetric federalism and prevent disputes from escalating to the Supreme Court under Article 131.