Reconstitution of Inter-state Council

In News

  • The Inter-State Council and the standing committee of the Inter-State Council have been recently reconstituted.

Composition of the Inter-State Council (As per the new mandate)

  • Prime minister as the Chairman
  • Chief ministers of all the states
  • Chief ministers of union territories having legislative assemblies
  • Administrators of union territories not having legislative assemblies
  • Governors of States under President’s rule.
  • Six Central cabinet ministers, including the home minister, are to be nominated by the Prime Minister.
  • Ten Ministers of Cabinet rank / Minister of State (independent charge) nominated by the Chairman of the Council (i.e., Prime Minister) are permanent invitees to the Council. 
    • Previously there were five Union ministers who were permanent invitees to the Council. 

Composition of the Standing Committee of the Inter-State Council

  • Union Home Minister as the Chairman.
  • Five Union Cabinet Ministers.
  • Nine Chief Ministers (nominated by the Chairman of the Inter-State Council.)
  • It may, if necessary, invite experts and persons eminent in specific fields to have the benefit of their views while deliberating upon the related subjects.

Inter-State Council

  • About:
    • The Sarkaria Commission on Centre-State Relations (1983–87) demanded the establishment of a permanent Inter-State Council.
  • Mandate:
    • To create a strong institutional framework to promote and support cooperative federalism in the country and activate the council and zonal councils by organizing its regular meetings.
  • Constitutional Provision:
    • The Constitution of India in Article 263, provided that an Inter-State Council (ISC) may be established “if at any time it appears to the President that the public interests would be served by the establishment of a Council”.
    • Article 263 also specifies the duties that can be assigned to the Inter-State Council.
    • President can define the nature of duties to be performed by such a council and its organisation and procedure.
  • Functions of the council:
    • To investigate and discuss subjects in which the states or the centre have a common interest.
    • To make recommendations upon any such subject for the better coordination of policy and action on it, and
    • To deliberate upon such other matters of general interest to the states as may be referred to it by the chairman.
    • It also facilitates consideration of all pending and emerging issues of the Centre-State and inter-State relations by the zonal councils and inter-State council 
    • It develops a sound system of monitoring the implementation of the recommendations of the inter-State council and zonal councils.
  • Few more provisions:
    • The council is a recommendatory body.
    • The Council may meet at least thrice a year. 
    • Its meetings are held in camera. 
    • All questions are decided by consensus.

Standing Committee of the Inter-State Council

  • About:
    • It was set up in 1996 for continuous consultation and processing of matters for the consideration of the Council.
    • The Council is assisted by a secretariat called the Inter-State Council Secretariat. 
      • This secretariat was set up in 1991 and is headed by a secretary to the Government of India
      • Since 2011, it is also functioning as the secretariat of the Zonal Councils.
  • Functions:
    • The standing committee undertakes continuous consultation and processes matters for consideration of the council.
    • It processes all matters pertaining to centre-state relations before they are taken up for consideration in the inter-state council.
    • The standing committee also monitors the implementation of the decisions taken on the recommendations of the council and considers any other matter referred to it by the chairman or the council.

Article 263

  • Under the above provisions of Article 263, the president has established the following councils (apart from the Inter-State Council) to make recommendations for the better coordination of policy and action in the related subjects:
    • Central Council of Health.
    • Central Council of Local Government and Urban Development.
    • Four Regional Councils for Sales Tax for the Northern, Eastern, Western and Southern Zones.
  • The Sarkaria Commission recommended that in order to differentiate
  • The Inter-State Council from other bodies established under Article 263, it must be called as the Inter-Governmental Council.

Article 131

  • The council’s function to enquire and advice upon inter-state disputes is complementary to the Supreme Court’s jurisdiction under Article 131 to decide a legal controversy between the governments. 
  • The Council can deal with any controversy whether legal or non-legal
  • The difference is, council’s function is advisory unlike that of the court which gives a binding decision.

Source: IE; TH

 
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