Q6(c) · UPSC Civil Services Mains 2022 · PSIR GS 1 · 15 marks · 2 min read

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Discuss the composition and functions of the Inter-State Council. To what extent has this body been successful in achieving its objectives?

Topic: Federalism. Syllabus: Federalism: Constitutional provisions; changing nature of centre-state relations; integrationist tendencies and regional aspirations; inter-state disputes. Same official PYQ from year-wise 2022 and Federalism.

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

Copper italics in this answer — like this — are the key facts. Each one is unpacked in the Facts & figures rail.

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.

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