INTER-STATE RELATIONS

INTER-STATE RELATIONS

  • Inter-State Water Dispute (Article 262)
  • Inter-State Councils (Article 263)
  • Public Acts, Records and Judicial Proceedings.
  • Inter-State Trade and Commerce (Article 301 to 307)
  • Zonal Councils under States Reorganisation Act 1956
INTER-STATE WATER DISPUTES (Art. 262):

 

 

Article 262

  •          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.
  •          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.

 

Parliament enacted two laws under these provisions:

 

River Boards Act 1956: A river board is established by the Centre on the request of state to advise them.
Inter-State Water Disputes Act 1956:

 

Empowers Centre to setup an ad hoc tribunal for the adjudication of an inter-state water dispute between 2 or more states + Decisions of the tribunal are binding + No courts have jurisdiction over such disputes.

 

Tribunals established till now:

 

NAME YEAR STATES INVOLVED
Krishna Water Dispute 1969 MH, KR, AP
Godavari Dispute 1969 MP, KR, AP, MH, OD
Narmada 1969 RJ, GJ, MP, MH
Ravi & Beas 1986 PB, HR, RJ
Cauvery 1990 KR, KL, TN, Puducherry
Second Krishna Water Dispute 2004 MH, KR, AP
Vansadhara 2010 OD, AP
Mahadayi 2010 Goa, KR, MH

 

Inter-State Council (Art.263):

 

Purpose
  •         To bring coordination between states and between states and Centre
Status
  •         Constitutional body under Art. 263
 

Setup

  •         It was set up for first time in 1990 through a Presidential order as per the recommendations of the Sarkaria Commission (on Inter-State Relations) under the Ministry of Home affairs.
Role of President
  •         President can establish.
  •         President can define the duties, organisation and procedure.
Functions
  •          To enquire and advice upon inter-state disputes (Complimentary to SC’s jurisdiction under A.131) + Investigating & discussing subjects in which states or the Centre and the states have a common interest + Recommending on any matter for better coordination of policy & action.
Decisions
  •         Decisions are not binding. Purely advisory body
 

 

Composition

  •         PM as Chairman + CMs of all states + CMs of all UTs having legislative assemblies + Administrators of all UTs not having Legislative Assemblies + Governors of states under President’s Rule + Six Central Cabinet Minister including Home Minister (Nominated by PM) + Five ministers of cabinet rank/ Minister of State (Independent Charge) nominated by PM are permanent invitees.
Meetings
  • Council may meet at least thrice in a year. All questions are decided by consensus.

 

STANDING COMMITTEE OF THE COUNCIL:
  • Set up in 1996 + For continuous consultation and processing of matters for the consideration of council.
  • Members of the Committee: Union Home Minister as Chairman + Five Union Cabinet Ministers + Nine CMs
  • The Council is assisted by Inter-State Council Secretariat: Set up in 1991 + Headed by Secretary to the Government of India.

 

INTER-STATE TRADE & COMMERCE:

 

Article Description
301
  •        Trade, commerce, intercourse throughout the country shall be free.
  •          This freedom is applicable to both inter-state and intra-state trade, commerce, intercourse.
 

302

Provides for restrictions:

  •         Parliament can impose restrictions on the above freedom in public interest.
  •          Parliament cannot discriminate between states except in the case of scarcity of goods in any part of India.
303
  •          State legislatures can impose restrictions with that state or within that in public interest.
  •          For such bill previous sanction of the President is required.
  •          State cannot discriminate between the states.
304
  •         States can impose any tax on goods imported from other state or UT if similar goods are manufactured in that state.
305
  •          The freedom is subject to nationalisation laws.
  •          Parliament or state law can provide monopoly in favor of Centre or State. Such laws can exclude citizens or others completely or partially from carrying such trade.

 

PUBLIC ACTS, RECORDS AND JUDICIAL PROCEEDINGS (ARTICLE 261):
  • Full faith & credit to public acts, records and judicial proceedings of the Centre and States throughout the country.
  • Parliament by laws, will determine the manner in which and the conditions under which such acts, records and proceedings are to be proved and their effect determined.
  • Final judgements & orders of civil courts in any part of India are capable of execution anywhere within India. This rule applies to civil judgments and not to criminal judgments.

 

ZONAL COUNCILS:
  • Statutory (Extra-constitutional) body + Established under Reorganisation of States Act 1956 (7th CAA 1956)
  • They are only deliberative and advisory bodies; recommendations are not binding.
  • The Zonal Councils should meet at least twice a year
  • Members of Zonal Councils: à Union Home Minister as Chairman + CMs of all the states in the zone + CMs of all the states in the zone + Administrator of each UT in the zone

 

NORTH-EASTERN COUNCIL:
  • Statutory body Created by separate act: North-Eastern Council Act, 1971.
  • Members: all North Eastern states.
  • Composition:
  • Ex-officio Chairperson – Union Home Minister
  • Vice-Chairperson – Minister of State (Independent Charge), Ministry of DoNER.
  • Members – Governors and Chief Ministers of all the eight States and 3 members nominated by President.
  • Sikkim was added in 2002 as the eighth member of the North-Eastern Council

 

 

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