Part XI: Relations Between the Union and the States

Article 263: Provisions with Respect to an Inter-State Council

Original Article:

Article 263 empowers the President to establish an Inter-State Council for the purpose of promoting cooperation and coordination between States and the Union. It specifies three broad objectives for such a council:

1. Inquiring into and advising upon disputes between States.
2. Investigating and discussing subjects of common interest to the States or between the Union and States.
3. Making recommendations for better policy coordination and action across Union and State boundaries.

Explanations:

Article 263 serves as a constitutional mechanism to foster Union-State relations. By enabling the creation of an Inter-State Council, it facilitates discussion and resolution of inter-State disputes, ensuring smooth coordination of policies and functions between different levels of government.

Legislative History:

Article 263 was adopted to strengthen India's federal structure by providing a platform for cooperation between the Union and the States. The Inter-State Council, established in 1990, operationalized the principles of Article 263.

Real-Life Examples:

• Inter-State Water Disputes: The Inter-State Council has facilitated discussions on disputes over river water sharing.
• GST Implementation: The council was instrumental in aligning Union and State policies during the rollout of the Goods and Services Tax.

Debates and Deliberations:

The Constituent Assembly extensively debated the need for a formal mechanism to resolve inter-State disputes and improve cooperation. Key points included:

• Dr. B.R. Ambedkar: Emphasized the importance of dialogue and negotiation for resolving conflicts in a diverse federal structure.
• Alladi Krishnaswami Ayyar: Highlighted the role of the council in ensuring consistency in policy implementation across India.