Inter State Council, Compositions, Duties

The Inter-State Council, established under Article 263 of the Indian Constitution, facilitates coordination among states and between the Centre and states on issues of common interest. Although not a permanent constitutional body, it can be constituted by the President whenever it serves the public interest. Inter State Council was first set up in 1990 through a Presidential ordinance following the Sarkaria Commission's recommendations.

While it is intended to meet regularly, the Inter State Council has convened only 11 times over 26 years, with the latest meeting held in 2016 after a decade-long gap. Despite these infrequent sessions, the council remains essential for fostering dialogue, aligning policies, and strengthening Centre-state relations in India.

Inter State Council Background

Inter-State Council, proposed by the Sarkaria Commission on Centre-State Relations (1983–88), was intended to be a permanent body under Article 263. The Commission recommended naming it the Inter-Governmental Council to differentiate it from other bodies established under the same article.

• Recommendation on Inter State Council’s Duties: The Sarkaria Commission recommended that the Inter-State Council be tasked with responsibilities outlined in clauses (b) and (c) of Article 263 of the Constitution.
  • Investigation and Discussion: The Inter-State Council, as outlined underArticle 263(b), shall investigate and discuss subjects in which some or all states, or the Union and one or more states, have a common interest.
  • Making Recommendation: The Inter-State Council, as specified under Article 263(c), shall also make recommendations on any such subject, and particularly for better coordination of policy and action related to that subject.

Following these recommendations, the Janata Dal government led by V. P. Singh established the Inter-State Council in 1990, with its operations under the Ministry of Home Affairs.

Inter State Council Constitutional Provisions

The successful functioning of the Indian federal system relies on harmonious relations between the Centre and the states, as well as effective collaboration among the states. Accordingly, Article 263 provides for the Inter State Council as the pivotal executive agency for facilitating these interactions.

• Article 263: According to Article 263, the President may create a Council by order if it is deemed that such an establishment would serve the public interest.
  • Inquiry and Advisory Functions: Article 263 outlines the duties of the Council for effective coordination, which include inquiring into and advising on disputes that may have arisen between states.
  • Investigative and Discussion Functions: The Council is also tasked with investigating and discussing subjects of common interest among some or all states, or between the Union and one or more states.
  • Recommendation Functions: It is responsible for making recommendations on these subjects, particularly to enhance the coordination of policy and action.

Inter State Council Composition

The Inter-State Council, established under Article 263, serves as an advisory body for coordinating policies between the states and the Centre and the states. It consists of the following members:

• Chairman: Prime Minister as the Chairman
• Members:
  • Chief Ministers of all states and Union Territories with legislative assemblies
  • Administrators of Union Territories without legislative assemblies
  • Governors of states under President’s rule
  • Six Central Cabinet Ministers, including the Home Minister, are nominated by the Prime Minister.
  • Permanent Invitees: Additionally, five Ministers of Cabinet rank or Ministers of State (independent charge), nominated by the Prime Minister, serve as permanent invitees to the Council.
• Secretariat of Inter State Council: The Inter State Council Secretariat, led by a Secretary from the Government of India, also serves as the secretariat for the Zonal Councils.

Inter State Council Standing Committee

The Standing Committee of the Inter State Council was established in 1996 to facilitate ongoing consultation and manage matters for the Council's consideration. It consists of Union Home Minister acting as the Chairman, 5 Union Cabinet Ministers and 9 Chief Ministers. 

Inter State Council Duties

The Inter State Council is a constitutional body that addresses issues related to inter-state, Centre-state, and Centre-Union Territory relations. Its role in inquiring into and advising on inter-state disputes complements the Supreme Court's authority under Article 131 to resolve legal controversies between governments. While the Inter State Council can tackle both legal and non-legal matters, it serves an advisory purpose, unlike the court, which issues binding decisions.

• Annual Meeting: The Inter State Council is expected to convene at least three times a year, with meetings held in camera, and decisions made by consensus.
• Duties of Inter State Council: The Inter-State Council is tasked with several key duties, including investigating and discussing subjects in which the states or the Centre have a common interest.
  • It shall also make recommendations on these subjects to enhance coordination of policy and action.
  • Additionally, the Council shall deliberate on other matters of general interest to the states as referred to it by the chairman.

Inter State Council Significance 

The significance of the Inter-State Council (ISC) lies in its role as a vital platform for fostering cooperation between the central and state governments. 

• Constitutional Mandate: The Inter-State Council (ISC) is established under Article 263 of the Indian Constitution, facilitating structured dialogue between the central government and states, which enhances the legitimacy and impact of its recommendations on national issues.
• Platform for Multilateral Dialogue: As the sole multilateral forum in India, the ISC addresses critical issues such as Goods & Services Tax (GST) implementation, disaster management, terrorism, and internal security, promoting cooperative solutions among stakeholders.
• Strengthens Federal Relations: The ISC fosters communication and collaboration between states and the central government, thereby reducing distrust and ensuring that federalism adapts to the country's evolving needs.
• Conflict Resolution Mechanism: While not always successful in resolving disputes, the ISC provides a platform for amicable discussions between states and the centre, helping to prevent conflicts from escalating.

Inter State Council Limitations 

Inter-State Council’s limitations, such as its advisory capacity, irregular meetings, and lack of permanent infrastructure, hinder its potential to effectively mediate and address inter-governmental issues in a timely and consistent manner.

• Advisory Role: Its recommendations are non-binding, limiting its ability to resolve disputes effectively.
• Temporary Nature: The President can establish it at any time, leading to inconsistent functioning and reduced capacity for long-term solutions.
• Irregular Meetings: The council meets infrequently (only 12 times since 1990), hindering timely responses to emerging issues.
• Lack of Permanent Secretariat: Without a permanent secretariat, the council’s meetings lack continuity and efficiency.
• Limited State Participation: Not all states engage equally, with national issues sometimes overshadowing regional concerns.

Inter State Council FAQs

Q1. What is the main purpose of the Inter-State Council?

Ans. The main purpose of the Inter-State Council is to facilitate coordination and cooperation among states and between the Centre and states on issues of common interest.

Q2. Under which article of the Indian Constitution was the Inter-State Council established?

Ans. The Inter-State Council was established under Article 263 of the Indian Constitution.

Q3. When was the Inter-State Council first created, and what prompted its formation?

Ans. The Inter-State Council was first created in 1990 following the recommendations of the Sarkaria Commission on Centre-State Relations.

Q4. Who is the chairman of the Inter-State Council?

Ans. The Prime Minister serves as the chairman of the Inter-State Council.

Q5. How often is the Inter-State Council expected to meet? 

Ans. The Inter-State Council is expected to meet at least three times a year.