Inter-State Council

Background and evolution

Article 263 allows the President to set up an Inter-State Council if it appears that the public interest would be served by it. For four decades no permanent council was created, even though the Administrative Reforms Commission of 1966 had suggested one. The Sarkaria Commission on Centre–State Relations (1987) argued strongly for a permanent council to settle disputes through discussion rather than confrontation, and the Council was finally set up by a presidential order in May 1990.

The Council met for the first time in October 1990. Since then it has met only a handful of times, with long gaps between meetings, and its last full meeting for many years was held in 2016. Critics say this shows how weak institutional cooperative federalism remains in India, as much coordination happens through informal channels or through bodies such as NITI Aayog and the GST Council.

Key features and provisions

• Composition: the Prime Minister as chairman; Chief Ministers of all states and of Union Territories with legislatures; administrators of other Union Territories; six Union Cabinet ministers nominated by the Prime Minister, including the Home Minister; other ministers as permanent invitees.
• Functions under Article 263: (a) inquire into and advise on disputes between states; (b) investigate and discuss subjects of common interest to the Union and states; (c) make recommendations for better coordination of policy. The 1990 order assigned functions (b) and (c) to the Council but not (a).
• Decisions: taken by consensus, and the Prime Minister's view is final if consensus is not reached.
• Standing Committee: set up in 1996, chaired by the Union Home Minister, to process issues before Council meetings.
• Secretariat: the Inter-State Council Secretariat, which also serves the Zonal Councils.