Inter State Relations Notes
The Indian Constitution provides a framework for Inter-State Relations to ensure cooperation, prevent disputes, and maintain unity among states. Part XI (Articles 261-263) deals with Inter-State Relations.
Constitutional Provisions Related to Inter-State Relations
Why is Inter-State Cooperation Important?
- Prevents conflicts between states.
- Strengthens federalism.
- Ensures uniform governance across the country.
Inter-State Trade and Commerce (Article 301-307)
Freedom of Trade & Commerce (Article 301)
- Article 301 ensures that trade, commerce, and intercourse across India shall be free.
- No state can impose restrictions on trade except for public interest.
Restrictions on Freedom of Trade (Articles 302-305)
- Parliament can impose restrictions (Article 302) – For the public interest.
- States can impose reasonable restrictions (Article 304) – For economic welfare and public health.
- Example: States like Gujarat & Bihar banned liquor under Article 304 (restrictions in public interest).
Inter-State Water Disputes (Article 262)
- Article 262 allows Parliament to make laws to settle disputes related to inter-state rivers.
- Parliament enacted the Inter-State River Water Disputes Act, 1956, creating Tribunals for water disputes.
- Water Dispute Tribunals are binding but cannot be challenged in courts.
Major Inter-State Water Disputes:
- Cauvery River Dispute (Karnataka vs Tamil Nadu).
- Krishna River Dispute (Maharashtra, Karnataka, Andhra Pradesh).
- Ravi-Beas Water Dispute (Punjab vs Haryana).
- Example: The Cauvery Water Dispute Tribunal was set up in 1990 and its final award came in 2018.
Inter-State Council (Article 263)
Article 263 allows the President to set up Inter-State Councils to:
- Resolve inter-state disputes.
- Ensure better coordination between Centre & States.
- Advise on policies affecting multiple states.
Current Inter-State Councils
- The Inter-State Council was established in 1990 based on Sarkaria Commission recommendations.
- Headed by the Prime Minister.
- Members: Chief Ministers of all states & UTs, Union Ministers.
- Example: The Inter-State Council discusses key federal issues like financial distribution and police reforms.
Inter-State Agreements & Zonal Councils
Zonal Councils were created by the States Reorganization Act (1956) to promote regional cooperation.
Zonal Councils:
- Northern – Delhi, Punjab, Haryana, Himachal Pradesh, J&K, Rajasthan.
- Central – Madhya Pradesh, Chhattisgarh, UP, Uttarakhand.
- Eastern – Bihar, Jharkhand, Odisha, West Bengal.
- Western – Maharashtra, Gujarat, Goa.
- Southern – Andhra Pradesh, Tamil Nadu, Karnataka, Kerala, Puducherry.
North-Eastern Council (NEC) was created separately in 1971 for the development of North-Eastern states.
North-Eastern Council (NEC) was created separately in 1971 for the development of North-Eastern states.
Many Indian states have border disputes due to historical, linguistic, and ethnic reasons.
The Supreme Court & Centre intervene in resolving these disputes.
Role of Judiciary in Inter-State Relations
The Supreme Court has jurisdiction over inter-state disputes under Article 131.
- It ensures peaceful resolution of conflicts.
- It upholds federalism by protecting state rights.
- Example: The Supreme Court gave its final ruling in the Cauvery Water Dispute (2018), ensuring equal distribution.
Key Takeaways for UPSC
- Article 261 ensures legal recognition of state laws and judicial proceedings.
- Article 262 allows Parliament to settle inter-state water disputes (e.g., Cauvery Water Dispute).
- Article 263 allows the President to establish Inter-State Councils to resolve disputes.
- Zonal Councils promote regional cooperation.
- The Supreme Court settles inter-state disputes under Article 131.