Model Answer
0 min readIntroduction
The Indian Constitution, a testament to federalism, anticipates potential conflicts between states. Article 372 deals with inter-state disputes and the President’s role in resolving them. The President, while the Head of State, holds significant executive powers, especially when states fail to adhere to agreements. This power isn't arbitrary; it is carefully circumscribed by constitutional provisions and judicial interpretations. Recent instances of disagreements over water-sharing agreements, like the Cauvery dispute, highlight the relevance of the President’s intervention in maintaining inter-state harmony and upholding constitutional mandates. This answer will briefly enumerate these powers, focusing on the scenario where states are in non-observance of an inter-state agreement.
Presidential Powers Regarding Inter-State Agreements
The President's executive power concerning inter-state agreements stems primarily from Article 372 of the Constitution. This article empowers the President to adjudicate disputes between states or between a state and the Union relating to waters, boundaries, and other matters. The President’s actions are not merely advisory; they carry the force of executive decisions.
1. Adjudication of Disputes (Article 372(1))
The President has the power to refer disputes to the Supreme Court under Article 372(1). This power is invoked when the disputes are complex and require judicial expertise. The Supreme Court then acts as an adjudicating body, giving a verdict that is binding on the states involved. However, the President's initial reference is crucial in initiating the process.
2. Issuing Directions (Article 372(2))
If the President considers that the dispute is not amenable to settlement through judicial intervention, or if a timely resolution is urgently needed, he can issue directions under Article 372(2). These directions are binding on the states involved. This is a crucial power enabling the President to proactively intervene and prevent further escalation of the conflict.
The directions can be of various types:
- Temporary Measures: To maintain peace and order during the dispute.
- Mediation: Facilitating negotiations between the states.
- Setting up Commissions: For further investigation and recommendations.
- Directing Implementation: Ensuring compliance with existing agreements.
3. Power to Appoint Commissions of Inquiry (Article 372(2))
The President can appoint commissions of inquiry to investigate the circumstances leading to the dispute and to make recommendations for resolving it. These commissions are empowered to gather evidence, examine witnesses, and submit reports to the President. This power is particularly useful when the root causes of the dispute are unclear.
4. Power to Modify Agreements (Article 372(3))
The President can, with the consent of the states concerned, modify existing inter-state agreements. This power is essential for adapting agreements to changing circumstances and ensuring their continued relevance.
5. Role of the Council of Ministers
While the President exercises these powers, he does so on the advice of the Council of Ministers. The Council of Ministers, headed by the Prime Minister, assesses the situation and advises the President on the appropriate course of action. This ensures that the President's actions are aligned with the government's policy.
6. Limitations and Judicial Scrutiny
The President's powers under Article 372 are not absolute. They are subject to judicial review. The Supreme Court can examine whether the President has acted fairly and within the scope of his powers. Furthermore, the directions issued by the President must be reasonable and not arbitrary.
The 1969 case of S.R. Bommai v. Union of India (1994) affirmed the judiciary's power to review the President's actions under Article 370 and 372, reinforcing the principle of constitutional supremacy.
| Power | Article | Description |
|---|---|---|
| Referral to Supreme Court | 372(1) | President can refer disputes to the Supreme Court for adjudication. |
| Issuing Directions | 372(2) | President can issue binding directions to states. |
| Appointing Commissions | 372(2) | President can appoint commissions to investigate disputes. |
| Modifying Agreements | 372(3) | President can modify agreements with state consent. |
Conclusion
In conclusion, the President’s executive powers related to inter-state agreements, as enshrined in Article 372, are vital for maintaining federal harmony and resolving disputes peacefully. While the President acts on the advice of the Council of Ministers, the power to adjudicate and issue directions provides a crucial mechanism for ensuring compliance with agreements and preventing escalation of conflicts. However, these powers are not unchecked and are subject to judicial scrutiny, upholding the constitutional principle of separation of powers and ensuring fairness in governance. The evolving nature of inter-state relations necessitates a continuous assessment of these powers and their effective application.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.