Inter-State Council

The provision for setting up an Inter-State Council is mentioned in Article 263 of the Constitution:

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

In pursuance of the recommendation made by the Sarkaria Commission on Centre-State Relations, the Inter-State Council was set up in 1990 through a Presidential Order dated May 28, 1990.

The Inter-State Council (ISC) is a recommendatory body and has been assigned the duties of investigating and discussing such subjects, in which some or all of the States or the Union Territories and one or more of the states have a common interest, for better coordination of policy and action with respect to that subject.

It also deliberates upon such other matters of general interests to the states as may be referred by the Chairman to the Council.

The Prime Minister is the Chairman of the Council.

Chief Ministers of all the states and Union Territories having Legislative Assemblies, Administrators of Union Territories not having Legislative Assemblies, Governors of States under President’s rule and six ministers of Cabinet rank in the Union Council of Ministers, nominated by the Chairman of the Council, are members of the Council.

The meetings of the Council are held in camera, and all issues, which come up for consideration of the Council in a meeting, are decided by consensus, and the decision of the Chairman as to the consensus is final.

Based on the recommendation of the ISC, the Standing Committee of the Inter-State Council was first constituted in the year 1996 for continuous consultation and processing of matters for the consideration of the Council.

The Inter-State Council and its Standing Committee have, so far held 10 meetings each and have considered all the recommendations made by the Sarkaria Commission.

The Council has also considered other public policy and governance issues, such as:

(a) Contract labour and contract appointments;

(b) Blueprint of an Action Plan on Good Governance;

(c) Disaster Management— Preparedness of States to cope with disasters; and

(d) Atrocities on Scheduled Castes and Scheduled Tribes and status of implementation of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989.