Interstate Council: A Constitutional Body for Co-operative Federalism in India

Understanding the principle of cooperative federalism in India, the need for an interstate council arises as a platform for union and state governments to share concerns, resolve disputes, and work on comprehensive policies.

The Concept of Cooperative Federalism and Its Need for an Inter-State Council

The Indian Constitution is based on the principle of cooperative federalism, which emphasizes the sharing of power and responsibilities between the central and state governments. To implement this principle, a forum is required where these bodies can collaborate, share their concerns, resolve disputes, and work on a comprehensive and collective policy to maintain security, law and order, and address various socio-economic and administrative issues.

The Role and Duties of an Inter-State Council

Article 263 of the Constitution of India provides for the establishment of an Inter-State Council as a constitutional body. This council is tasked with the following roles and duties:

Inquiring into and advising upon disputes which may have arisen between states. 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. Making recommendations for the better coordination of policy and action with respect to the subjects under discussion.

The Establishment and Composition of the Inter-State Council

The establishment of an Inter-State Council is based on recommendations made by the Commission on Centre-State Relations under the Chairmanship of Justice R.S. Sarkaria in its report in January 1988. The report recommended the formation of a permanent Inter-State Council, also known as the Inter-Governmental Council (IGC).

The Government of India accepted the recommendations and notified the establishment of the Inter-State Council through a Presidential Order dated 28th May 1990. The composition of the council includes:

Prime Minister as Chairman Chief Ministers of all states as members Chief Ministers of Union Territories with a Legislative Assembly and Administrators of Union Territories not having a Legislative Assembly as members Six Ministers of Cabinet rank from the Union Council of Ministers, nominated by the Prime Minister as members

Subsequently, the Presidential Order of 1990 has been amended to include the Governor of a State under President's rule attending the meetings of the Council and making nominations for permanent invitees from other Union Ministers.

Conclusion

The Inter-State Council plays a crucial role in promoting cooperative federalism by providing a platform for the union and state governments to address common issues and work towards coordinated policy coherence and action. This constitutional body is vital for maintaining harmony and ensuring effective governance in India.