Article 263

Background and evolution

This page looks at the Article itself as a constitutional tool, while the Inter-State Council page covers that one standing body, its meetings and its record. Article 263 draws on Section 135 of the Government of India Act, 1935, which allowed the Governor-General to set up an inter-provincial council. The framers kept the idea because a federation with a strong Union still needs forums where governments can talk as equals.

The Article does not create any body by itself. It says that if the President considers that public interest would be served, a council may be established by order and charged with any of three duties. This flexibility meant that, for decades, it was used for sector-specific councils rather than for a general federal forum.

Key features and provisions

• Duty (a): inquire into and advise on disputes between states. This is the only clause that mentions disputes, and the 1990 Council was not given this function.
• Duty (b): investigate and discuss subjects in which some or all states, or the Union and states, have a common interest.
• Duty (c): make recommendations for better coordination of policy and action.
• Executive creation: the President acts on ministerial advice, so the Union decides whether and when a council is formed.
• No binding power: recommendations depend on political acceptance.