Article 263 of the Indian Constitution provides for the establishment of an Inter-State Council. This article is a crucial provision aimed at facilitating coordination and resolving disputes between states, as well as between the Union and the states, thereby promoting cooperative federalism in India. It empowers the President to create such a council if it appears to him that the public interest would be served by its establishment.
The article outlines the potential duties that may be assigned to the Inter-State Council, focusing on three key areas: inquiring into and advising upon inter-state disputes, investigating and discussing subjects of common interest, and making recommendations for better policy coordination. While the Constitution provides for the possibility of such a council, its actual establishment and specific functions are left to the discretion of the President.
Original Text
263. Provisions with respect to an Inter-State Council
If at any time it appears to the President that the public interests would be served by the establishment of a Council charged with the duty of—
(a) inquiring into and advising upon disputes which may have arisen between States;
(b) investigating and discussing subjects in which some or all of the States, or the Union and one or more of the States, have a common interest; or
(c) making recommendations upon any such subject and, in particular, recommendations for the better co-ordination of policy and action with respect to that subject,
it shall be lawful for the President by order to establish such a Council, and to define the nature of the duties to be performed by it and its organisation and procedure.
Detailed Explanation
Article 263 grants the President of India the discretionary power to establish an Inter-State Council. The President can exercise this power if he believes that setting up such a council would serve the public interest. The primary purpose of this council is to promote better coordination and resolve issues between the states and between the Union and the states.
The article specifies the potential duties that can be assigned to this council upon its establishment. These duties fall broadly into three categories:
- Dispute Resolution (Advisory Role): The council can be tasked with inquiring into disputes that arise between states and providing advice on them. It is important to note that this advisory role is distinct from the compulsory jurisdiction of the Supreme Court under Article 131 regarding inter-state legal disputes.
- Investigation and Discussion of Common Interests: The council can investigate and discuss subjects where multiple states, or the Union and one or more states, share a common interest. This allows for a platform to explore issues of national or regional significance that cut across state boundaries.
- Policy Coordination Recommendations: The council can make recommendations on subjects of common interest, specifically focusing on how policy and action can be better coordinated across different states and with the Union government. This fosters uniformity and harmony in governance on crucial matters.
Crucially, Article 263 gives the President the authority not only to establish the council but also to define its specific duties, its organizational structure, and its procedural rules. This means the council’s exact mandate and working methods are flexible and determined by the Presidential Order establishing it. The article does not mandate the permanent existence of such a council but rather allows for its establishment “if at any time it appears to the President” that it is necessary.
Detailed Notes
- Enabling Provision: Article 263 is an enabling provision empowering the President to establish an Inter-State Council.
- Trigger for Establishment: The President can establish the Council if he deems it necessary for the public interest.
- Discretionary Power: The power to establish the Council is discretionary, not mandatory.
- Purpose: To facilitate coordination and cooperation between states, and between the Union and states, on matters of common interest.
- Potential Duties (as outlined in the article):
- Inquiring into and advising upon disputes between states (advisory function, distinct from judicial resolution).
- Investigating and discussing subjects of common interest among states or between the Union and states.
- Making recommendations on such subjects, especially for better coordination of policy and action.
- President’s Authority: The President defines the council’s duties, organisation, and procedure by order.
- Flexibility: The article allows for flexibility in the council’s structure and functions based on the needs perceived by the President.
- Not a Permanent Constitutional Body per se: The article provides the power to establish it, not its automatic or permanent creation in the Constitution itself. Its existence and form depend on a Presidential Order.
Additional Comments
- Despite the provision existing since the Constitution’s commencement, a permanent Inter-State Council was not established for many years.
- The Sarkaria Commission on Centre-State Relations (1983-1987) strongly recommended the establishment of a permanent Inter-State Council under Article 263 to serve as an independent national forum for consultation.
- Acting on the recommendation of the Sarkaria Commission, the Inter-State Council was finally established in 1990 by a Presidential Order.
- The Council established in 1990 functions as a permanent body (though established by order under a flexible article).
- The composition of the Inter-State Council typically includes the Prime Minister (Chairman), Chief Ministers of all States, Chief Ministers of Union Territories with Legislative Assemblies, Administrators of Union Territories without Legislative Assemblies (in case of President’s rule in a state, the Governor acts as CM), and six Union Cabinet Ministers nominated by the Prime Minister.
- A Standing Committee of the Inter-State Council is also constituted for continuous consultation and processing of matters for the Council.
- Article 263 is different from Article 131 (Supreme Court’s original jurisdiction over inter-state disputes) and the Inter-State Water Disputes Act, 1956 (which provides for tribunals for water disputes). The Council’s role in disputes is advisory.
- Zonal Councils are statutory bodies established under the States Reorganisation Act, 1956, not constitutional bodies under Article 263. While they also promote inter-state cooperation, their mandate and legal basis differ from the Inter-State Council.
Summary
Article 263 empowers the President of India to establish an Inter-State Council if public interest warrants it. This council’s potential duties include inquiring into and advising on inter-state disputes, investigating and discussing subjects of common interest between states or the Union and states, and making recommendations for better policy and action coordination on such subjects. The President defines the council’s specific duties, organisation, and procedure. This article serves as the constitutional basis for promoting cooperative federalism and ensuring smoother relations and coordination among the constituent units of the Indian Union. Though the article provides for its establishment, a permanent council was established only in 1990 following the Sarkaria Commission’s recommendation.