Model Answer
0 min readIntroduction
The Indian Constitution, envisioned a collaborative federal structure, recognizing the need for coordination between states and the Union. Article 263, specifically, provides for the establishment of an Inter-State Council to promote coordination and resolve disputes. However, despite being a constitutional mandate, the ISC has remained largely ineffective, failing to fully realize its potential as a robust mechanism for fostering cooperative federalism. Its sporadic meetings and limited scope of deliberation have led to criticisms regarding its functionality and relevance in a dynamic federal landscape.
Constitutional Basis and Evolution
Article 263 of the Constitution envisages the establishment of an Inter-State Council. However, it doesn’t explicitly define its composition or functions, leaving it to Parliament to determine these aspects. The first ISC was constituted in 1990 under the State Reorganisation Act, 1956, but it became defunct in 2000. A revised ISC was constituted in 2006, based on the recommendations of the Sarkaria Commission (1988). This council included the Prime Minister, Chief Ministers of all states, and six Union Ministers.
Reasons for Underperformance
Political Constraints
- Lack of Political Will: Successive governments at the Centre haven’t consistently prioritized the ISC, leading to infrequent meetings.
- Centre-State Relations: Periods of adversarial Centre-State relations have hindered constructive dialogue within the ISC.
- Coalition Politics: While coalition governments might seem conducive to dialogue, they can also lead to political maneuvering and delays in decision-making.
Administrative and Financial Constraints
- Insufficient Secretariat Support: The ISC lacks a dedicated, well-staffed secretariat to provide continuous support for research, analysis, and follow-up on decisions.
- Financial Autonomy: The ISC is financially dependent on the Union government, limiting its ability to independently commission studies or undertake initiatives.
- Overlapping Mandates: Several other forums exist for Centre-State consultation (e.g., zonal councils, meetings of Chief Ministers and the Prime Minister), leading to overlapping mandates and diluted effectiveness.
Limited Scope of Functions
The ISC’s functions, as defined in Article 263, are broad and include inquiring into and advising upon disputes, discussing subjects of common interest, and making recommendations for better coordination. However, it lacks the power to enforce its recommendations, rendering it largely advisory in nature. The ISC cannot adjudicate disputes – that remains the purview of the courts.
Impact on Cooperative Federalism
The underperformance of the ISC has several negative consequences:
- Delayed Dispute Resolution: Inter-state disputes (e.g., water sharing, boundary disputes) often escalate due to the lack of a proactive and effective forum for mediation. Example: The ongoing dispute between Karnataka and Tamil Nadu over the Cauvery river water sharing.
- Impeded Policy Coordination: Lack of coordination on crucial policy areas like GST implementation, environmental regulations, and disaster management.
- Erosion of Trust: The perceived lack of seriousness towards the ISC can erode trust between the Centre and states, hindering cooperative federalism.
- Increased Litigation: States are more likely to resort to judicial intervention when other avenues for dispute resolution are ineffective.
| Feature | ISC (Current Status) | Ideal Scenario |
|---|---|---|
| Frequency of Meetings | Sporadic (few meetings in a decade) | Regular (at least twice a year) |
| Secretariat Support | Limited | Dedicated and well-staffed |
| Financial Autonomy | Dependent on Union Government | Independent budgetary allocation |
| Enforcement Power | Advisory only | Mechanism for monitoring implementation of recommendations |
Conclusion
The Inter-State Council, despite its constitutional foundation, has fallen short of its potential due to a combination of political, administrative, and financial shortcomings. Revitalizing the ISC requires a renewed commitment from both the Centre and states, including regular meetings, a dedicated secretariat, financial autonomy, and a mechanism for monitoring the implementation of its recommendations. Strengthening the ISC is crucial for fostering a more robust and cooperative federalism, essential for India’s continued progress and stability.
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.