Inter-State Relations - Questions and Answers

ANSWER: The home minister of central government.

Explanation:

• The Zonal Councils are the statutory and non-constitutional bodies, established by States Reorganization Act, 1956.


• The act divided the country into five zones (Northern, Central, Eastern, Western and Southern) and provided a zonal council for each zone.


• While forming these zones, several factors have been taken into account which include- the natural divisions of the country, the river systems and means of communication, the cultural and linguistic affinity and the requirements of economic development, security and law and order.


• The zonal councils aim at promoting cooperation and coordination between states, union territories and the Centre.


• They discuss and make recommendations regarding matters like economic and social planning, linguistic minorities, border disputes, inter-state transport etc.


• They are only deliberative and advisory bodies.


The objectives (or the functions) of the zonal councils are as follows -

1. To achieve an emotional integration of the country.

2. To help in arresting the growth of acute state-consciousness, regionalism, linguism and particularistic trends.

3. To help in removing the after-effects of separation in some cases so that the process of reorganization, integration and economic advancement may synchronize.

4. To enable the Centre and states to cooperate with each other in social and economic matters and exchange ideas and experience in order to evolve uniform policies.

5. To cooperate with each other in the successful and speedy execution of major development projects.

6. To secure some kind of political equilibrium between different regions of the country.

Each zonal council consists of the following members -

1. Home minister of Central government.

2. Chief Ministers of all the States in the zone.

3. Two other ministers from each state in the zone.

4. Administrator of each union territory in the zone.

Besides, the following persons can be associated with the zonal council as advisors (i.e., without the right to vote in the meetings) -

1. a person nominated by the Planning Commission;

2. Chief Secretary of the government of each state in the zone; and

3. Development commissioner of each state in the zone.


• The home minister of Central government is the common chairman of the five zonal councils.


• Each chief minister acts as a vice-chairman of the council by rotation.


• They hold office for a period of one year at a time.

ANSWER: Mumbai

Explanation:

• Northern Zonal Council includes the states Jammu and Kashmir, Himachal Pradesh, Haryana, Punjab, Rajasthan, Delhi, and Chandigarh with headquarters at New Delhi.


• Central Zonal Council includes the states Uttar Pradesh, Uttarakhand, Chhattisgarh, and Madhya Pradesh with headquarters at Allahabad.


• Eastern Zonal Council includes the states Bihar, Jharkhand, West Bengal and Orissa with headquarters at Kolkata.


• Western Zonal Council includes the states Gujarat, Maharashtra, Goa, Dadra and Nagar Haveli and Daman and Diu with headquarters at Mumbai.


• Southern Zonal Council includes the states Andhra Pradesh, Karnataka, Tamil Nadu, Kerala and Puducherry with headquarters at Chennai.


• North-Eastern Council - In addition to the above Zonal Councils, a North-Eastern Council was created by a separate Act of Parliament - the North-Eastern Council Act of 1971.


• It came into existence on August 8, 1972.


• Its members include Assam, Manipur, Mizoram, Arunachal Pradesh, Nagaland, Meghalaya, Tripura and Sikkim.


• Its functions are similar to those of the zonal councils, but with few additions.


• It has to formulate a unified and coordinated regional plan covering matters of common importance.


• It has to review from time to time the measures taken by the member states for the maintenance of security and public order in the region.

ANSWER: Only 1

Explanation:

• The jurisdiction of each state is confined to its own territory.


• Hence, it is possible that the acts and records of one state may not be recognized in another state.

To remove any such difficulty, the Constitution contains the “Full Faith and Credit” clause which says that -

• Full faith and credit is to be given throughout the territory of India to public acts, records and judicial proceedings of the Centre and every state.


• The expression ‘public acts’ includes both legislative and executive acts of the government.


• The expression ‘public record’ includes any official book, register or record made by a public servant in the discharge of his official duties.


• The manner in which and the conditions under which such acts, records and proceedings are to be proved and their effect determined would be as provided by the laws of Parliament.


• This means that the general rule mentioned above is subject to the power of Parliament to lay down the mode of proof as well as the effect of such acts, records and proceedings of one state in another state.


• Final judgements and orders of civil courts in any part of India are capable of execution anywhere within India (without the necessity of a fresh suit upon the judgement).


• The rule applies only to civil judgements and not to criminal judgements.


• Thus, it does not require the courts of a state to enforce the penal laws of another state.

ANSWER: 1, 2, 4

Explanation:

• The Sarkaria Commission on Centre-State Relations (1983–87) recommended establishment of a permanent Inter-State Council under Article 263 of the Constitution.


• It recommended that in order to differentiate the Inter-State Council from other bodies established under the same Article 263, it must be called as the Inter-Governmental Council.


• The Commission recommended that the Council should be charged with the duties laid down in clauses (b) and (c) of Article 263.


• In pursuance, the Janata Dal Government headed by V. P. Singh established the Inter-State Council in 1990.

It consists of the following members -

1. Prime minister as the Chairman.

2. Chief ministers of all the states.

3. Chief ministers of union territories having legislative assemblies.

4. Administrators of union territories not having legislative assemblies.

5. Governors of States under President’s rule.

6. Six Central cabinet ministers, including the home minister, to be nominated by the Prime Minister.

7. Five Ministers of Cabinet rank / Minister of State (independent charge) nominated by the Chairman of the Council (i.e., Prime Minister) are permanent invitees to the Council.


• The council is a recommendatory body on issues relating to inter-state, Centre-state and Centre-union territories relations.


• It aims at promoting coordination between them by examining, discussing and deliberating on such issues.

Its duties are -


• investigating and discussing such subjects in which the states or the center have a common interest;


• making recommendations upon any such subject for the better coordination of policy and action on it; and


• deliberating upon such other matters of general interest to the states as may be referred to it by the chairman.


• The Council may meet at least thrice in a year. Its meetings are held in camera and all questions are decided by consensus.


• There is also a Standing Committee of the Council. It was set up in 1996 for continuous consultation and processing of matters for the consideration of the Council.

It consists of the following members -

1. Union Home Minister as the Chairman.

2. Five Union Cabinet Ministers.

3. Nine Chief Ministers.


• The Council is assisted by a secretariat called the Inter-State Council Secretariat.


• This secretariat was set-up in 1991 and is headed by a secretary to the Government of India.


• Since 2011, it is also functioning as the secretariat of the Zonal Councils.

ANSWER: All of the above

Explanation:

• Article 263 contemplates the establishment of an Inter-State Council to effect co-ordination between the states and between Centre and states.


• The President can establish such a council if at any time, it appears to him that the public interest would be served by its establishment.


• He can define the nature of duties to be performed by such a council and its organization and procedure.

Even though the president is empowered to define the duties of an inter-state council, Article 263 specifies the duties that can be assigned to it in the following manner -

(a) enquiring into and advising upon disputes which may arise between states;

(b) investigating and discussing subjects in which the states or the Centre and the states have a common interest; and

(c) making recommendations upon any such subject, and particularly for the better co-ordination of policy and action on it.


• The council’s function to enquire and advice upon inter-state disputes is complementary to the Supreme Court’s jurisdiction under Article 131 to decide a legal controversy between the governments.


• The Council can deal with any controversy whether legal or non-legal, but its function is advisory unlike that of the court which gives a binding decision.

Under the above provisions of Article 263, the president has established the following councils to make recommendations for the better coordination of policy and action in the related subjects

(a) Central Council of Health.

(b) Central Council of Local Government and Urban Development.

(c) Four Regional Councils for Sales Tax for the Northern, Eastern, Western and Southern Zones.


• The Central Council of Indian Medicine and the Central Council of Homoeopathy were set up under the Acts of Parliament.

ANSWER: Only 1

Explanation:

• Article 262 of the Constitution provides for the adjudication of inter-state water disputes.

It makes two provisions -

1. Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution and control of waters of any inter-state river and river valley.

2. Parliament may also provide that neither the Supreme Court nor any other court is to exercise jurisdiction in respect of any such dispute or complaint.


• Under this provision, the Parliament has enacted two laws (the River Boards Act (1956) and the Inter-State Water Disputes Act (1956)).


• The River Boards Act provides for the establishment of river boards for the regulation and development of inter-state river and river valleys.


• A river board is established by the Central government on the request of the state governments concerned to advise them.


• The Inter-State Water Disputes Act empowers the Central government to set up an ad hoc tribunal for the adjudication of a dispute between two or more states in relation to the waters of an inter-state river or river valley.


• The decision of the tribunal would be final and binding on the parties to the dispute.


• Neither the Supreme Court nor any other court is to have jurisdiction in respect of any water dispute which may be referred to such a tribunal under this Act.

So far (2013), the Central government has set up eight inter-state water dispute tribunals -

1. Krishna Water Disputes Tribunal - 1969 - involves Maharashtra, Karnataka and Andhra Pradesh.

2. Godavari Water Disputes Tribunal - 1969 - involves Maharashtra, Karnataka, Andhra Pradesh, Madhya Pradesh and Orissa.

3. Narmada Water Disputes Tribunal - 1969 - involves Rajasthan, Gujarat, Madhya Pradesh and Maharashtra.

4. Ravi and Beas Water Disputes Tribunal - 1986 - involves Punjab and Haryana.

5. Cauvery Water Disputes Tribunal - 1990 - involves Karnataka, Kerala, Tamil Nadu and Puducherry.

6. Second Krishna Water DisputesTribunal - 2004 - involves Maharashtra, Karnataka and Andhra Pradesh.

7. Vansadhara Water Disputes Tribunal - 2010 - involves Odisha and Andhra Pradesh.

8. Mahadayi Water Disputes Tribunal - 2010 - involves Goa, Karnataka and Maharashtra.

ANSWER: A bill for imposing reasonable restrictions on the freedom of trade can be introduced in the state legislature only with the previous sanction of the President.

Explanation:

• Articles 301 to 307 in Part XIII of the Constitution deal with the trade, commerce and intercourse within the territory of India.


• Article 301 declares that trade, commerce and intercourse throughout the territory of India shall be free.


• The object of this provision is to break down the border barriers between the states and to create one unit.


• The freedom under this provision is not confined to inter-state trade, commerce and intercourse but also extends to intra-state trade, commerce and inter-course.


• Thus, Article 301 will be violated whether restrictions are imposed at the frontier of any state or at any prior or subsequent stage.


• The freedom guaranteed by Article 301 is a freedom from all restrictions, except those which are provided for in the other provisions (Articles 302 to 305) of Part XIII of the Constitution itself.

These are -

1. Parliament can impose restrictions on the freedom of trade, commerce and inter-course between the states or within a state in public interest.

2. But, the Parliament cannot give preference to one state over another except in the case of scarcity of goods in any part of India.

3. (The Parliament has made the Essential Commodities Act (1955). This Act enables the Central government to control the production, supply and distribution of certain essential commodities like petroleum, coal, iron and steel, etc.)

4. The legislature of a state can impose reasonable restrictions on the freedom of trade,commerce and intercourse with that state or within that state in public interest.

5. But, a bill for this purpose can be introduced in the legislature only with the previous sanction of the President.

6. The state legislature cannot give preference to one state over another or discriminate between the states.

7. The legislature of a state can impose on goods imported from other states or the union territories any tax to which similar goods manufactured in that state are subject.

8. This provision prohibits the imposition of discriminatory taxes by the state.

9. The freedom (under Article 301) is subject to the nationalization laws (i.e., laws providing for monopolies in favor of the Centre or the states).

10. The Parliament or the state legislature can make laws for the carrying on by the respective government of any trade,business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise.


• The Parliament can appoint an appropriate authority for carrying out the purposes of the above provisions relating to the freedom of trade, commerce and intercourse and restricts on it.


• The Parliament can also confer on that authority the necessary powers and duties.


• But, no such authority has been appointed so far.