General Studies Mains Test Series
Polity
“THE INTER-STATE COUNCIL FUNCTION TO ENQUIRE AND ADVICE UPON INTER-STATE DISPUTES IS COMPLIMENTARY TO THE SUPREME COURT’S JURISDICTION UNDER ARTICLE 131 TO DECIDE A LEGAL CONTROVERSY BETWEEN THE GOVTS”. ELABORATE THE STRUCTURE, PROCEDURE AND DUTIES OF THE INTER-STATE COUNCIL.”
Inter-state council and Article 131
Under Article 131 the Supreme Court can take cognizance of a dispute involving “any question (whether of law or fact) on which the existence or extent of a legal right depends. The dispute must involve assertion or vindication of a legal of the government of India or a state.
The duty of Inter-state council is to inquire into and advise upon the relevant matters and not one of adjudicating. The president set-up the inter-state council in 1990 with the following composition:
- The Prime Minister as the chairman
- Chief Ministers of the states and those of the UTs with a legislative assembly and
- Six Union Cabinet Ministers as the members.
- The Ministers of State in the Union Council may be invited to the meetings if the agenda has any relevance for them.
- The proceedings of the council are to be held in camera and decisions are to be taken by consensus.
- The Sarkaria Commission recommended that in order to differentiate the Inter-state council from other bodies sep-up under the Article, it must be called the inter government council.
- In July 1997, the Inter-state council meeting resolved to implement the alternative devolution scheme of the 10th finance commission and also recommended significant steps for making the use of article 356 difficult.
In a dual polity within the federal framework, co-ordination of the national and the state policies and their implementation becomes important, especially in view of the large areas of common interest and shared action. A federal forum that assists in the co-operation and, co-ordination is provided in article 263 to bring together the federal units.
