Inter-state disputes
Mechanism for Settling Inter-State Disputes
| Route | Scope |
|---|---|
| Art 131 | Supreme Court exclusive original jurisdiction in legal disputes — Union v. State(s), State v. State; questions of law/fact on existence/extent of a legal right. Not purely political disputes. |
| Art 262 | Parliament may provide for adjudication of inter-State river-water disputes (use, distribution, control) & may exclude SC/other courts. Laws: River Boards Act, 1956; Inter-State Water Disputes Act, 1956 (tribunal, judge nominated by CJI, award binding on publication). |
| Art 263 | Inter-State Council — inquire, advise, discuss, recommend (advisory, unlike tribunal/court). |
| Extra-judicial | Zonal Councils · CMs’ / Home Ministers’ meetings · NITI Aayog · direct negotiation · Union mediation · GST Council (tax disputes). Many federal disputes are political, not merely legal. |
Tribunals & water disputes
Key disputes: Cauvery · Ravi-Beas · Sutlej-Yamuna Link · Krishna · Godavari · Narmada · Makedatu.
“Water is a national asset and no State can have a monopoly over it.”
Supreme Court, Cauvery case
Problems: delay in constitution & award · poor technical data · weak multidisciplinary expertise · weak enforcement · political mobilisation · Art 136 appeals despite Art 262 exclusion · distress-sharing difficulty · climate variability · Centre’s delay in notification. Ramaswamy R. Iyer — “the existing system… is unsatisfactory and needs an overhaul.” Fali Sam Nariman — an innovative experiment that has failed in performance.
Reform & way forward
| 2002 amendment (ISWD Act) | Inter-State River Water Disputes (Amendment) Bill, 2019 |
|---|---|
| tribunal within one year · award within three years (extension up to two) · award to have force of a Supreme Court decree | Disputes Resolution Committee + experts · amicable settlement · permanent tribunal with multiple benches · dissolve ad hoc tribunals · data bank. Concerns: DRC neutrality, DRC–tribunal relationship, politicisation, unresolved SC jurisdiction, weak enforcement. |
Way forward: basin-wide authority · bring water into ISC · water-efficiency incentives · central water data repository · unified water agency · ecological-scientific approach · distress-sharing formulas · community participation. Scholars on reform: Ramaswamy Iyer, S. Rajagopal, E. Somanathan, Ramaseshan Ramachandran, Subash P. Kunji Kutty, K.J. Joy & Suhas Paranjape, Nilanjan Ghosh, Philippe Cullet, Srinivas Chokkakula, Mihir Shah.
Answer map (2020). Federalism needs dispute settlement while preserving autonomy & Union strength → Art 131 (legal) → Art 262 + ISWD Act 1956 & River Boards Act 1956 → Art 263 ISC & Zonal Councils → GST Council for tax bargaining → mixed results (Cauvery, Ravi-Beas, Sutlej-Yamuna prolonged); political mobilisation & weak implementation → strengthen ISC, scientific data, mediation, tribunal reform.
Inter-State Council & Zonal Councils
Basis. Art 263 — President may establish an Inter-State Council in the public interest to (i) inquire into & advise on disputes between States, (ii) investigate & discuss subjects of common interest, (iii) recommend better coordination. Established 1990 on Sarkaria Commission recommendation.
Composition
PM (Chairperson) · CMs of all States · CMs of UTs with Assembly · Administrators of UTs without Assembly · Governors of States under President’s Rule · six Union Cabinet Ministers nominated by PM · other Union Ministers invited when relevant. One of the few bodies where Union, States & UTs sit together.
Working & limitations
- Non-permanent — exists via Presidential Order; structure alterable by Union executive.
- Advisory — recommendations non-binding; no positive duty to act.
- Infrequent — far below mandated frequency; long gap 2006–2016.
- Narrow agenda — excludes matters of FC, Planning Commission, NDC.
- Weak secretariat — under Union Home Ministry; little technical/research capacity.
- In-camera proceedings · weak follow-up. Political bypassing — party forums & coalition bargaining; GST Council & NITI took over key areas.
“The performance of the ISC has been abysmal; there has hardly been any constitutional amendment or enactment flowing from its recommendations.”
Rekha Saxena
Reform proposals & Zonal Councils
| Body | Recommendation |
|---|---|
| Sarkaria | regular meetings; stronger coordination role; sub-committees; consultation on common matters. |
| Punchhi | constitutional/statutory status; meet thrice a year; permanent secretariat; expert bodies; quasi-judicial advisory capacity; secretariat shifted from Home Ministry to Rajya Sabha Secretariat under neutral functionaries. |
| 11th Finance Commission | ISC not effectively used for national economic consensus. |
| Venkatachaliah (NCRWC) | use the ISC “in tune with the spirit of cooperative federalism.” |
Zonal Councils — States Reorganisation Act, 1956; five (Northern, Southern, Eastern, Western, Central); advisory bodies for regional tensions, border disputes, transport, linguistic minorities, balanced development.
Answer map (ISC). Constitutional body, Art 263, est. 1990 (Sarkaria) → composition (PM + CMs + UT CMs + Administrators + Governors under PR + six Cabinet Ministers) → functions (inquire, discuss, recommend) → success limited: infrequent (2006–2016 gap), advisory, weak secretariat, bypassed by party channels & sectoral bodies (Saxena) → Punchhi reforms; NITI itself flags reactivation → institutionally important, operationally underused.