Context:
The Indian government has recently reconstituted the Inter-State Council (ISC) after two years, with the last reconstitution in 2022, appointing the Prime Minister(PM) as chairman and underscoring a renewed commitment to Centre-State relations and cooperative federalism.
Relevance:
GS II: Polity and Governance
Dimensions of the Article:
- What is the Inter-State Council?
- Challenges Facing the Inter-State Council (ISC)
What is the Inter-State Council?
- It is a mechanism that was constituted “to support Centre-State and Inter-State coordination and cooperation in India”.
- The Inter-State Council was established under Article 263 of the Constitution, which states that the President may constitute such a body if a need is felt for it.
- The Council is basically meant to serve as a forum for discussions among various governments.
- In 1988, the Sarkaria Commission suggested the Council should exist as a permanent body, and in 1990 it came into existence through a Presidential Order.
- The main functions of the Council are inquiring into and advising on disputes between states, investigating and discussing subjects in which two states or states and the Union have a common interest, and making recommendations for the better coordination of policy and action.
Composition and Leadership:
- Chaired by the Prime Minister, the ISC comprises:
- Chief Ministers of all States.
- Chief Ministers of Union Territories with Legislative Assemblies.
- Administrators of Union Territories without Legislative Assemblies.
- Six Union Ministers of Cabinet rank, nominated by the Prime Minister.
Historical Amendments:
- The Presidential Order establishing the ISC was first amended in 1990, allowing Governors of States under President’s rule to attend meetings.
- A second amendment in 1996 enabled the Chairman to nominate permanent invitees from other Union Ministers.
- Structural Enhancements:
- In 1996, the ISC established a Standing Committee for ongoing consultations and processing matters for Council consideration, chaired by the Home Minister and periodically reconstituted.
Secretariat:
- Established in New Delhi in 1991, the Inter-State Council Secretariat (ISCS) is led by a Secretary to the Government of India.
- Since 2011, the ISCS has also managed the secretarial functions of the Zonal Councils.
Benefits of ISC Deliberations:
- ISC policies typically enjoy higher social legitimacy, fostering acceptance among states and minimizing inter-state conflicts.
- The ISC helps maintain a balance of power between the Union and the states, preventing dominance by either entity and ensuring decisions align with the constitutional framework and federal principles.
- This balance is crucial during major reforms such as the implementation of Goods and Services Tax (GST) or demonetization, which could otherwise strain Union-state relations.
Challenges Facing the Inter-State Council (ISC)
Infrequency of Meetings:
- Despite the guideline for the ISC to convene at least three times annually, it has only met 11 times since its inception in 1990. The last meeting occurred in July 2016, reflecting significant gaps in meeting the procedural mandate.
Advisory Role and Lack of Binding Authority:
- The ISC’s advisory nature limits its effectiveness in resolving disputes, as its recommendations are non-binding and do not compel compliance, hindering its ability to enforce Union-State coordination.
- Enforcement Limitations:
- The broad mandate of the ISC does not include enforcement powers, positioning it more as a forum for discussion rather than a decision-making body. This structural limitation affects its capacity to implement policies or changes directly.
Lack of Follow-up Mechanisms:
- There is often an absence of robust mechanisms to track and ensure the implementation of ISC recommendations. This deficiency calls for a more structured approach to achieve meaningful outcomes and ensure that discussions lead to actionable results.
Political Dynamics:
The political landscape, including differing ideologies between the central and state governments, can significantly influence the functioning of the ISC. Such disparities may obstruct consensus-building on various issues, impacting the council’s overall effectiveness.
-Source: The Hindu
