What is Inter State Council?
Inter-State Council is a constitutional body in India with duties to promote cooperation and synergy in the relationship between Union and states.
It investigates and discusses the subjects of common interest between the Union and States or amongst the States.
Inter-State Council was established under Article 263 of the Indian Constitution vide Presidential Order dated May 28, 1990, pursuant to the recommendations of the Sarkaria Commission.
The Commission envisaged the Inter-State Council as a national forum for consultation and is headed by the Indian Prime Minister who acts as its chairman.
Article 263 of the Indian Constitution
Article 263 of the Indian Constitution provides for the establishment of an Inter-State Council.
It empowers the Indian President to set up such a council if he thinks public interests would be better served by its establishment.
The text of the Article reads as under:
263. Provisions with respect to an inter-State Council – If at any time it appears to the President that the public interests would be served by the establishment of a Council charged with the duty of – (a) inquiring into and advising upon disputes which may have arisen between States; (b) investigating and discussing subjects in which some or all of the States, or the Union and one or more of the States, have a common interest; or (c) making recommendations upon any such subject and, in particular, recommendations for the better co-ordination of policy and action with respect to that subject, it shall be lawful for the President by order to establish such a Council, and to define the nature of the duties to be performed by it and its organization and procedure.”
Sarkaria Commission
The Union Government constituted a Commission in 1988 under the Chairmanship of Justice R.S. Sarkaria to review the working of the existing arrangements between the Union and the States.
The Sarkaria Commission recommended-
- The establishment of a permanent Inter-State Council called Inter-Governmental Council (IGC) under Article 263 of the Indian Constitution.
- It should act as an independent national forum for consultation between Centre and States.
- The IGC should be charged with the duties set out in clauses (b) and (c) of Article 263, other than socio-economic planning and development.
Thus, the Council was to work within a well-defined under Article 263 of the Constitution of India.
Composition of Inter-State Council
The present composition of the Council is as follows-
- Prime Minister as Chairman
- Chief Ministers of all States as Members
- Chief Ministers of Union Territories having a Legislative Assembly and Administrators of UTs not having a Legislative Assembly and Governors of States under President’s Rule (Governor’s Rule in the case of J&K) as Members
- Six Ministers of Cabinet rank in the Union Council of Ministers to be nominated by the Prime Minister as Members
- Four Ministers of Cabinet rank as Permanent invitees Members
Chairman of Inter-State Council
Indian Prime Minister is the chairman of the Inter-State Council. He presides over the meetings of the council.
According to the presidential order dated, if, for some reason he is unable to preside over council’s meetings, he may nominate a union minister of cabinet rank to preside over such meetings.
Standing Committee of the Inter Sate Council
The purpose of the Standing Committee of the Inter-State Council is to facilitate continuous consultation and processing of matters for the consideration of the Council.
The Standing Committee comprises of Union Home Minister as Chairman and 5 Union Ministers of Cabinet Rank and 9 Chief Ministers of States as Members nominated by the Chairman of the Inter-State Council.
Duties of Inter State Council
As a national forum of consultation amongst Union and States, the duties of the Inter-State Council include the following-
- Investigate and discuss subjects in which Union and States have common interest.
- Make recommendations for better coordination of policy and action on such subjects
- Deliberate upon such other matters of general interest to the States as may be referred to it by the Chairman.
Procedure of the Council
As per the presidential order dating May 28, 1990, the council shall adopt the following procedures in the conduct of its business-
- Adopt guidelines for identifying and selecting issues brought before it.
- It shall meet at least thrice a year and at such time and place as is decided by the chairman
- Its meeting shall be held in camera
- The quorum for a meeting shall be the presence of at least 10 members
- All questions that come up for consideration shall be decided by consensus. However, the decision of chairman as to the consensus shall be final.
Conclusion
- Inter State Council is a permanent and independent national forum for consultation.
- Its establishment was recommended by the Sarkaria Commission
- Indian Prime-Minister is the chairman of Inter State Council
- Union Home Minister is the chairman of standing committee of inter state council
For more information, kindly visit the Inter-State-Council Website.
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