Revision summary
Article 263 authorises an Inter-State Council; Sarkaria’s push led to its 1990 constitution. The PM chairs; Chief Ministers and some Union ministers are members. Functions are dispute advice, common-interest discussion, and policy coordination, all recommendatory. Meetings have been too few for a standing federal forum. Bommai, GST Council, and tribunals did more for federal conflict than the Council did.
Model answer
Introduction
The Inter-State Council is a constitutional body under Article 263 for coordination between the Union and the States and among States. Sarkaria recommended that it be set up as a standing political forum. It was constituted in 1990. Success has been modest beside the problems it was meant to ease.
Body
Composition
- The Prime Minister is the chairman. Chief Ministers of all States and those Union Territories with assemblies are members.
- Six Union Cabinet ministers, nominated by the Prime Minister, sit on the Council.
- A standing committee, usually chaired by the Union Home Minister, does preparatory work.
- The Secretariat, now with the Ministry of Home Affairs after shifts of location, services meetings. This is a political council, not a court.
Functions under Article 263
- Inquiring into and advising upon disputes between States.
- Investigating and discussing subjects of common interest to some or all States, or to the Union and one or more States.
- Making recommendations for better coordination of policy and action.
- Sarkaria wanted it to be the principal forum for Union–State consultation, including on concurrent-list bills and fiscal federal stress.
- Punchhi later asked for more regular meetings and a stronger follow-up of recommendations.
Extent of success
- The Council created a recognised table after decades of ad hoc National Development Council and zonal councils. That is a partial success of form.
- It discussed Sarkaria’s own report, Article 356, and some concurrent-list issues. Recommendations are advisory. Cabinets may ignore them.
- Meetings have been infrequent for long stretches, which is the opposite of a standing coordinating device.
- S. R. Bommai (1994) disciplined President’s Rule through the Court, not through the Council, showing where federal protection actually bit.
- GST Council under Article 279A became a more consequential federal bargain on tax. NITI Aayog replaced Planning Commission as a different talking shop. The Inter-State Council did not become the centre of either money or planning.
- River disputes still go to tribunals and the Supreme Court. The Council has not been the successful dispute-settler Article 263 imagined.
Assessment
- Objectives of dialogue and a less imperial Centre are only weakly met.
- Coalition eras used extra-constitutional bargaining more than this Council. A dominant national party can starve it of meetings.
- It remains useful when used. It has not achieved Sarkaria’s standing political federalism.
Flow diagram
flowchart TD A263[Article 263] --> ISC[Inter-State Council] ISC --> PM[PM plus CMs] ISC --> F[Advise coordinate disputes] S[Sarkaria 1990] --> ISC GST[GST Council] --> ALT[Stronger fiscal forum]
Conclusion
The Inter-State Council’s composition is PM, Chief Ministers, and nominated Union ministers. Its functions are inquiry, common-interest discussion, and recommendatory coordination. Success is limited: irregular meetings, advisory teeth, and displacement by GST Council, courts, and informal coalition bargains.
Quick related
Students also ask
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Explain the Aristotelian view of politics. To what extent do you think it has contributed to the development of modern-day constitutional democracies?
Next question on this syllabus topic (2021 · Q3(a)). View answer →
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Are Council recommendations binding?
No. They are advice. Political follow-up decides their fate.
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Does Article 263 require the Council to exist?
It permits the President to establish one if the public interest so requires. Sarkaria argued that the public interest did.
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