What is the Inter-State Council? : Daily Current Affairs

Relevance: GS-2: Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure.

Key Phrases: cooperative federalism, Sarkaria Commission, Presidential Order, Article 263, centralization, Punchhi Commission, Article 356.

Tamil Nadu Chief Minister has recently written a letter to the PM of India suggesting that at least three meetings of the Inter-State Council should be held every year to “strengthen the spirit of cooperative federalism”.

It is a mechanism that was constituted “to support Centre-State and Inter-State coordination and cooperation in India”.
Article 263: The Inter-State Council was established under Article 263 of the Constitution, which states that the President may constitute such a body if a need is felt for it.
Sarkaria Commission: In 1988, the Sarkaria Commission suggested the Council should exist as a permanent body, and in 1990 it came into existence through a Presidential Order.
Since its constitution in 1990, the body has met only 11 times, although its procedure states it should meet at least three times every year.
Composition:
The present composition of the Council is as follows:
- The Prime Minister is the chairman of the Council,
- Members include the Chief Ministers of all states and UTs with legislative assemblies.
- Administrators of other UTs.
- Six Ministers of Cabinet rank in the Centre’s Council of Ministers, nominated by the Prime Minister, are also its members.
Functions:
- The main functions of the Council are inquiring into and advising on disputes between states,
- Investigating and discussing subjects in which two states or states and the Union have a common interest.
- Making recommendations for the better coordination of policy and action.
- The Council is basically meant to serve as a forum for discussions among various governments.

Composition: The Standing Committee comprises Union Home Minister as the Chairman and five Union ministers of Cabinet rank and nine chief ministers as members nominated by the Chairman of the Inter-State Council.
Continuous consultation: A Standing Committee of the Inter-State Council has been constituted for continuous consultation and processing of matters for the consideration of the Council.

Recommendatory body: It is just a recommendatory body to investigate and discuss subjects of common interest between union and states or among states.
Lack of regular meetings: There is a lack of regular meetings, the Council has met only once in the last six years — and there has been no meeting since July 2016.
Lacks technical and management experts: It lacks technical and management experts along with the autonomy that is required for effective functioning.

In 2016, the meeting included consideration of the Punchhi Commission’s recommendations on Centre-State Relations that were published in 2010.
The meeting saw a detailed discussion on the recommendations.
States asked for maintaining the federal structure amid growing “centralisation”, Imposition of Article 356 of the Constitution, which deals with the imposition of President’s Rule in states, was a matter of concern.
Internal Security with a focus on intelligence sharing and synchronization for fighting Terrorism and Insurgency and Police Reforms and Police Modernization.
Bihar Chief Minister had demanded that the post of Governor should be abolished.

Suitable amendments must be made to Article 263 so as to give more power and authority to the council rather than merely being an advisory body.
ISC must be made a permanent body which was one of the important recommendations of the Sarkaria Commission.

The distrust between the Centre and states has never been more pronounced than now, with several governments locking horns with the present government over different issues, which can lead to a constitutional crisis in the coming future.
Only a continuous dialogue based on mutual respect will foster cooperative federalism. And the first step in this direction would be to activate the Inter-State Council without further delay.

Mains Question:

Q. What is Inter-State Council? How it can strengthen the spirit of cooperative federalism in India? (250 words).