Article 263 of Indian Constitution: An inter-State Council

Article 263 of Indian Constitution

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 in order to establish such a Council, and to define the nature of the duties to be performed by it and its organisation and procedure." 

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

Article 263 of Indian Constitution the President has power to activate an Inter-State Council only after determining it serves public welfare objectives. This Council fulfills mainly these three duties:

• Advisory Role: It acknowledges conflicts between states by giving recommendations and advice to settle amicably.
• Investigative Role: Exploring and deliberating on subjects of mutual interest among states or between the Union and states by strengthening collaborative approaches to common issues.
• Policy Coordination: Proposing recommendations to enhance the alignment and effectiveness of policies and actions across different levels of government.

This mechanism aims to promote cooperative federalism by ensuring that states and the Union work together harmoniously on matters affecting multiple jurisdictions.

Landmark Cases or Judgments of Article 263 of Indian Constitution

The establishment and functioning of the Inter-State Council have developed through important commissions and recommendations because there have been no major Supreme Court cases interpreting Article 263 :

1. Sarkaria Commission (1983-1988): The commission conducted an extensive study of Centre-State relations and advised the creation of a permanent Inter-State Council under Article 263 to handle common interest issues and settle state disputes. 
2. Punchhi Commission (2007-2010):The Inter-State Council should be strengthened in order to foster more coordination and cooperation between states as well as between the Centre and states, according to this commission's analysis of Center-State relations.

Article 263 of Indian Constitution shows the substantial importance in the constitutional structure:

• Promotion of Cooperative Federalism: Through state-Union dialogue the Inter-State Council supports the development of cooperative federalism among all parties.
• Conflict Resolution: The Council provides a platform for states to address and resolve disputes amicably, reducing the need for judicial intervention and promoting harmonious inter-state relations.
• Policy Synchronization: Through discussions on subjects of common interest, the Council ensures that policies and actions are well-coordinated across different levels of government, leading to more effective governance.

Evolution of Article 263 of Indian Constitution

The Inter-State Council has undergone various modifications which are as follows:

• Establishment: The Inter-State Council was established on May 28, 1990, by a Presidential Order based on the recommendations of the Sarkaria Commission. 
• Composition: The Inter-State Council is led by the Prime Minister as Chairman. Its members include Chief Ministers of all states and Union Territories with legislative assemblies. It also includes Administrators of Union Territories without assemblies and Governors of states under President’s rule. The Prime Minister nominates six Union Cabinet Ministers as members. In addition, five Ministers of Cabinet rank or Ministers of State (with independent charge) are permanent invitees to the Council. 
• Meetings: The Council is expected to convene at least three times a year. However, in practice, meetings have been less frequent. Since its establishment in 1990, the Council has met 12 times, with the latest meeting held on November 25, 2017.
• Standing Committee: Its goal is to ensure ongoing discussion and prepare issues for the Council to review. The Union Home Minister leads the committee. It includes 5 Union Cabinet Ministers and 9 Chief Ministers.

Conclusion

Article 263 of Indian Constitution helps the Union and States work together. It also supports cooperation between different States. This led to the creation of the Inter-State Council. The Council promotes teamwork, settles disputes and helps align policies across the country. It plays a key role in strengthening governance in India’s federal system.