The Inter-State Council is a constitutional body in India established under Article 263 of the Constitution through a presidential order dated 28 May 1990, designed to inquire into and advise on subjects of common interest between the Union and states, including coordination of policies, inter-state disputes, and measures for better Centre-state relations.[1][2]Chaired by the Prime Minister, its membership includes the chief ministers of all states and union territories with legislative assemblies, alongside select Union cabinet ministers, with advisory roles filled by the Union ministers of home affairs and finance or their nominees, supported by a secretariat headed by a secretary to the Government of India.[1][3]Its functions encompass discussing policy matters, recommending actions for administrative efficiency, and facilitating cooperative federalism, yet the Council has been markedly underutilized, convening only eleven plenary meetings from 1990 to 2016 amid persistent gaps of up to a decade between sessions, which has limited its role in resolving federal frictions despite recurrent demands from states for activation.[1][4][5]Reconstituted in November 2024 with the Prime Minister as chairman and expanded ministerial representation, the body persists as a dormant yet constitutionally mandated forum, its infrequent engagements underscoring challenges in institutionalizing routine Centre-state dialogue over ad hoc mechanisms.[6][7]
History
Origins and Recommendations
The origins of the Inter-State Council trace to Article 263 of the Indian Constitution, enacted in 1950, which authorizes the President to establish such a body if Parliament considers it expedient for promoting coordination between the executive powers of the Union and states or among states themselves.[8] Prior to its permanent formation, inter-state and Centre-state coordination relied on temporary mechanisms, including the National Integration Council established in 1962 to foster national unity amid regional tensions, zonal councils created under the States Reorganisation Act of 1956 for regional dispute resolution, and ad-hoc conferences of chief ministers on issues like drought management or economic planning.[9] These arrangements proved inadequate for addressing systemic federal frictions, such as disputes over resource allocation and legislative overlaps, highlighted during periods of political instability in the 1960s and 1970s.[10]The decisive push for a dedicated institution emerged from the Sarkaria Commission, formally the Commission on Centre-State Relations, appointed by the President on June 28, 1983, under the chairmanship of Justice R.S. Sarkaria to examine the constitutional, administrative, and financial arrangements between the Union and states.[11] The Commission's 1,800-page report, submitted in 1988 after extensive consultations with state governments and experts, identified deficiencies in existing forums, arguing that a permanent Inter-State Council was essential to institutionalize dialogue, reduce litigation over disputes, and align policies on shared concerns like water sharing and economic development.[12] It critiqued the infrequent and informal nature of prior meetings, noting that only sporadic chief ministers' conferences had occurred since 1966, often yielding non-binding outcomes.[13]Among its 247 recommendations, the Sarkaria Commission proposed constituting a standing Inter-State Council under Article 263 as a non-binding but authoritative body for "free and frank" consultations, distinct from judicial or parliamentary processes.[11] It specified the Council's composition to include the Prime Minister as chairman, chief ministers of all states and union territories with legislatures, selected Union Cabinet ministers (up to seven, designated by the Prime Minister), and provision for inviting administrators of other union territories or experts on specific agendas. Functions were delineated to mirror Article 263: inquiring into and advising on inter-state disputes, investigating subjects of common interest or concern (such as economic and social planning), and recommending policies to prevent conflicts, with meetings convened at least thrice yearly.[13] The Commission stressed that this structure would enhance cooperative federalism by providing a platform insulated from partisan influences, drawing on successful models like Australia's Loan Council while adapting to India's unitary bias.[12] These proposals directly informed the Council's subsequent setup, underscoring the Commission's view that without such a forum, Centre-state imbalances would persist amid India's diverse federal landscape.[10]
Establishment and Early Years
The Inter-State Council was established by a Presidential Order dated May 28, 1990, under Article 263 of the Indian Constitution, following recommendations from the Sarkaria Commission on Centre-State Relations, which had submitted its report in 1988 advocating for a permanent body to facilitate coordination between the Union and states.[14][6][15] The commission, appointed in 1983 and chaired by Justice R.S. Sarkaria, examined issues arising from federal tensions, including disputes over resource allocation and administrative overlaps, proposing the council as a forum for regular consultation rather than ad hoc mechanisms.[16][10]The council's formal constitution was notified via Gazette on December 27, 1990, with the Prime Minister as chairperson and chief ministers of states and union territories, along with select Union ministers, as members.[14] Its initial mandate emphasized investigating subjects of common interest, discussing policy matters, and advising on disputes between states or between states and the Union, though it was envisioned to meet at least thrice annually—a frequency rarely achieved in practice.[14][17]The first meeting occurred on October 10, 1990, in New Delhi, primarily deliberating the Sarkaria Commission's report on Centre-State relations, including recommendations on governors' roles, legislative powers, and financial devolution, marking the body's inaugural effort to operationalize federal dialogue.[18] Subsequent early sessions were infrequent; the second meeting on October 15, 1996, addressed implementation of Sarkaria suggestions and inter-state water disputes, highlighting the council's nascent role in fostering cooperative federalism amid limited engagement.[18][6] By the late 1990s, only a handful of meetings had convened, reflecting structural challenges such as irregular scheduling and overlapping functions with bodies like the National Development Council, which constrained its early effectiveness in resolving federal frictions.[7][19]
Legal Framework
Constitutional Provisions
Article 263 of the Constitution of India authorizes the President to establish an Inter-State Council when it appears necessary for serving public interests by investigating and discussing subjects of special interest to states, particularly those requiring coordination of Union executive power with state policies and actions.[20] The provision states: "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 investigating and discussing such subjects, in which some or all of the States, or any of them, have a special interest, in which some or all of the States, or any of them, concur, and of making recommendations upon any such subject and, in particular, recommendations as to the manner in which the Executive power of the Union may be exercised to secure the co-ordination of policy and action relating to the subject, it shall be lawful for the President by order to establish such a Council, and to determine the nature of the duties to be performed by it and its organisation and procedure."[20]The duties outlined under Article 263 include inquiring into and advising on inter-state disputes; investigating and discussing subjects of common or special state interest; and recommending coordination mechanisms, including Union executive interventions to align policies.[21] This framework emphasizes advisory and recommendatory functions rather than binding authority, reflecting the Constitution's federal balance where the Council facilitates cooperative rather than coercive federalism.[9]Unlike permanent constitutional bodies such as the Finance Commission under Article 280, the Inter-State Council is not obligatory or continuous; its formation remains at the President's discretion, activated via executive order only upon perceived need for enhanced center-state coordination.[9] No other articles directly mandate the Council's existence or operations, though it aligns with broader constitutional principles in Part XI (Articles 245–263) governing center-state relations, distribution of legislative powers, and administrative coordination.[22]
Objectives and Duties
The Inter-State Council, established under Article 263 of the Constitution of India, aims to foster coordination between the Union and the states on matters of common interest, thereby promoting cooperative federalism and resolving intergovernmental disputes.[22] This provision empowers the President to form the Council when it appears necessary for public interest, with duties focused on inquiry, investigation, discussion, and recommendation rather than binding decision-making.[22] The Council's consultative role emphasizes dialogue to align policies across jurisdictions, particularly in areas like resource sharing and administrative harmonization.[14]The primary duties, as outlined in Article 263(a), include inquiring into and advising upon disputes arising between states, such as those involving water resources or border issues, without adjudicatory powers.[22] Under Article 263(b), the Council investigates and discusses subjects of common interest to some or all states, or between the Union and states, covering topics like economic policies, infrastructure development, and security concerns.[22] These functions facilitate non-litigious resolution, drawing on expert input to identify cooperative solutions.Article 263(c) mandates the Council to make recommendations on investigated subjects, including suggestions for schemes or arrangements requiring consent from involved parties, such as inter-state agreements on trade or environmental management.[22] The Presidential Order of May 28, 1990, which constituted the Council, operationalizes these duties by specifying its structure and procedures, ensuring meetings are convened periodically to address evolving federal challenges.[14] In practice, these objectives support empirical assessment of policy impacts across states, prioritizing evidence-based advice over unilateral impositions.
Organizational Structure
Composition and Membership
The Inter-State Council is chaired by the Prime Minister of India. Its core membership includes the Chief Ministers of all states, the Chief Ministers of union territories with legislative assemblies, and the administrators of union territories without legislative assemblies.[23] Additionally, selected ministers of cabinet rank from the Union Council of Ministers, nominated by the Prime Minister, serve as members; the establishing Presidential Order of May 28, 1990, initially specified six such ministers.[23] This composition has been amended over time, with the number of nominated Union ministers varying based on reconstitutions.[6]Membership is not fixed indefinitely but subject to periodic reconstitution by presidential order under Article 263 of the Constitution, reflecting changes in government or policy needs. For instance, in November 2024, the Council was reconstituted with nine Union ministers, including those for road transport and highways, external affairs, commerce and industry, education, railways, parliamentary affairs, environment, forest and climate change, coal and mines, and Jal Shakti.[24] Administrators of union territories without assemblies participate to ensure representation from all federal units, though their role is consultative rather than decisional.[14]The Council may invite other individuals, such as experts, governors, or additional officials, to specific meetings for advisory input, but these invitees do not form part of the permanent membership.[25] This flexible structure allows the body to address inter-state coordination issues ad hoc while maintaining a stable core of political leaders from center and states.[26]
Standing Committee
The Standing Committee of the Inter-State Council was constituted on December 5, 1996, to enable ongoing consultation between the Centre and states on matters requiring coordination, thereby streamlining the preparation of agenda items and policy examinations for the parent Council.[27] Its establishment addressed the need for a smaller, more agile body to handle routine inter-governmental issues outside the infrequent full Council meetings, focusing on advisory inputs rather than binding decisions.[28]The Committee's composition includes the Union Home Minister as Chairman, five Union Cabinet Ministers nominated by the Prime Minister, and nine Chief Ministers chosen to reflect regional and political diversity among states.[29] This structure ensures balanced representation, with Chief Ministers selected periodically to maintain relevance; for instance, the panel was reconstituted on November 11, 2024, appointing Amit Shah as Chairman alongside ministers such as Rajnath Singh, Nirmala Sitharaman, and Chief Ministers from states including Uttar Pradesh, Maharashtra, and Tamil Nadu.[30] The reconstitution occurs as needed with the approval of the Inter-State Council's Chairman, allowing adjustments based on governmental changes.[28]Key functions encompass identifying priority issues for Centre-state coordination, scrutinizing policy matters in detail, and formulating preliminary recommendations to expedite Council deliberations.[31] It processes ongoing concerns such as resource allocation disputes, administrative overlaps, and implementation of national programs, conducting meetings more frequently than the main Council—typically several times annually—to foster proactive dialogue.[17] While its outputs are non-binding, the Committee has historically influenced resolutions on topics like fiscal federalism and inter-state water sharing by providing vetted analyses.[32]
Secretariat
The Inter-State Council Secretariat (ISCS) was established in 1991 to provide administrative and operational support to the Inter-State Council.[6][33] Located in New Delhi, it functions under the administrative control of the Ministry of Home Affairs and handles the Council's routine affairs, including coordination between central and state governments on federal matters.[6]The Secretariat is headed by a Secretary to the Government of India, who oversees its activities. This position is supported by two Advisers in the rank of Additional Secretary to the Government of India, along with subordinate staff for specialized tasks such as research, documentation, and liaison work.[34] The organizational setup ensures efficient preparation and execution of the Council's deliberative processes, though detailed staffing numbers remain limited in public disclosures.Key responsibilities of the Secretariat include drafting agenda items and background papers for Council and Standing Committee meetings, recording minutes and resolutions, and monitoring the follow-up on implemented recommendations.[35] It also facilitates inter-state consultations, compiles data on policy issues of common interest, and advises on administrative logistics to promote effective cooperative federalism. These functions position the Secretariat as a pivotal mechanism for translating the Council's advisory outputs into actionable coordination between the Union and states.[7]
Operations and Meetings
Historical Meetings
The Inter-State Council convened its first meeting on 10 October 1990, shortly after its formal establishment via presidential order on 28 May 1990.[18] This inaugural session, chaired by Prime MinisterV. P. Singh, laid the groundwork for deliberating on centre-state coordination, though specific agenda details from early records emphasize general discussions on constitutional provisions under Article 263.[14]Subsequent meetings occurred irregularly, with the second held on 15 October 1996 under Prime Minister H. D. Deve Gowda, followed by the third on 17 July 1997 and the fourth on 28 November 1997, both chaired by I. K. Gujral.[18] The fifth meeting took place on 22 January 1999, chaired by Atal Bihari Vajpayee. These early gatherings addressed nascent issues in cooperative federalism, including fiscal relations and administrative coordination, but suffered from inconsistent scheduling despite the Sarkaria Commission's recommendation for at least three annual meetings.[18]
The tenth meeting in 2006 marked the last under Prime Minister Manmohan Singh before a decade-long hiatus until the eleventh meeting on 16 July 2016 at Rashtrapati Bhavan, New Delhi, chaired by Prime Minister Narendra Modi.[36] This session, attended by chief ministers and union ministers, reviewed Punchhi Commission recommendations on centre-state relations, Goods and Services Tax implementation, Swachh Bharat Abhiyan, Digital India initiatives, skills development, agricultural marketing reforms, medical and health sector challenges, power sector issues, and internal security concerns.[37] Outcomes emphasized consensus-building for policy alignment, though non-binding resolutions limited enforceable impact.[36]Overall, the eleven historical meetings up to 2016 highlight operational underutilization, with extended intervals reflecting political priorities over routine consultation, averaging less than one per two years despite statutory intent for regular engagement.[18] Early sessions focused on foundational coordination, while later ones incorporated contemporary reforms, underscoring the body's potential yet infrequent activation in resolving federal tensions.[37]
Key Resolutions and Discussions
The Inter-State Council has conducted discussions primarily through its plenary meetings and Standing Committee sessions, focusing on Centre-State coordination, policy harmonization, and review of commission recommendations rather than enacting binding resolutions, as its role under Article 263 is advisory. Early meetings, such as the first on October 10, 1990, addressed economic and social planning issues of common interest, including resource allocation and inter-state cooperation. Subsequent sessions reviewed the Sarkaria Commission's 1988 report on Centre-State relations, leading to the Council's acceptance of 124 out of 247 recommendations by January 1999, covering aspects like legislative relations, fiscal transfers, and dispute resolution mechanisms.[38][18]A major focus of later discussions has been the Punchhi Commission's 2010 report, which contained 273 recommendations on strengthening cooperative federalism, including amendments to Articles 355 and 356 for internal security, enhanced ISC powers, and mechanisms for fiscal devolution. The Standing Committee, in meetings from 2017 onward, completed deliberations on all 273 recommendations, culminating in the 13th Inter-State Council meeting where consensus was sought on implementation, such as regular zonal council meetings and a proactive role for the ISC in dispute adjudication.[39][40]The 11th plenary meeting on July 16, 2016, chaired by Prime Minister Narendra Modi, highlighted policy-specific discussions, including the use of Aadhaar for identification and direct benefit transfers to improve welfare delivery efficiency, the rollout of Goods and ServicesTax (GST) for unified taxation, and internal security challenges like counter-terrorism coordination. These talks emphasized consensus-building for national security frameworks and economic reforms, with outcomes feeding into broader federal initiatives like GST Council operations. No formal resolutions were passed, but recommendations influenced subsequent policy actions, such as expanded DBT schemes reaching over 800 million beneficiaries by 2020.[36][41]Standing Committee meetings, such as the 12th on November 25, 2017, chaired by Union Home Minister Rajnath Singh, continued harmonizing Centre-State relations by prioritizing Punchhi implementation and addressing gaps in cooperative federalism, including consensus on devolution and inter-state dispute forums. Discussions underscored the need for regular engagements to resolve fiscal imbalances, with empirical data on state shares in central taxes (e.g., 41% under the 14th Finance Commission) informing debates. Outcomes have been non-binding but have supported reforms like increased vertical devolution from 32% to 42% in subsequent commissions.[42][43]
Effectiveness and Impact
Achievements in Cooperative Federalism
The Inter-State Council has advanced cooperative federalism by establishing a dedicated forum for the central government and states to deliberate on subjects of common interest, including economic coordination and policy harmonization. Established in 1990 following recommendations from the Sarkaria Commission, the Council has conducted meetings that emphasize mutual consultation, enabling states to voice concerns on fiscal devolution and resource allocation. For example, its discussions have contributed to evolving consensus on mechanisms like the Goods and Services Tax (GST) implementation, where inter-state alignment on tax structures reduced potential conflicts over revenue sharing.[44] These interactions underscore a shift toward collaborative governance, where states participate in national policy formulation rather than facing unilateral central directives.[45]In the realm of internal security, the Council's resolutions have promoted uniform strategies across states, addressing vulnerabilities like border management and counter-terrorism. Meetings have led to advisory recommendations on integrated intelligence sharing and police reforms, fostering interoperability among state forces and reducing jurisdictional silos that previously hampered responses to transnational threats.[44] This has resulted in tangible improvements in coordinated operations, as evidenced by enhanced state-level adoption of central guidelines post-deliberations. The Council's role in investigating inter-state river water disputes, such as those involving equitable sharing formulas, has similarly encouraged negotiated settlements over litigation, aligning with constitutional imperatives for federal harmony under Article 262.[44][46]Revitalization efforts since 2016 have amplified these achievements, with more frequent convocations under the "Team India" framework yielding outcomes like streamlined disaster response protocols during events such as floods and pandemics. The 10th and subsequent meetings, chaired by the Prime Minister, have prioritized trust-building, leading to state endorsements of national initiatives in agriculture and infrastructure without coercive measures.[6] This periodic engagement has demonstrably lowered inter-governmental friction, as reflected in increased participation rates and follow-through on agreed advisories, thereby reinforcing the constitutional vision of a balanced federation where state autonomy complements national unity.[47]
Criticisms and Limitations
The Inter-State Council has been criticized for its infrequent meetings, convening only 11 times since its establishment on May 16, 1990, with the last meeting prior to recent developments occurring on July 12, 2016, despite Article 263 envisaging sessions at least three times per year.[18][15] This underutilization stems from political frictions between the central government and states, particularly when ruling parties differ, leading to gaps such as a decade-long hiatus between the 10th meeting in 2006 and the 11th in 2016.[48][49]A primary limitation is the Council's purely advisory role, as its recommendations lack legal enforceability and depend entirely on the voluntary compliance of the Union and state governments, rendering it ineffective for binding dispute resolution.[6][50] This structural weakness, combined with the absence of dedicated enforcement mechanisms, has allowed persistent inter-state conflicts—such as water-sharing disputes—to escalate to judicial forums like the Supreme Court rather than being preemptively addressed through the Council.[51][44] Critics argue that without statutory powers or a permanent, expert-driven framework beyond its skeletal secretariat, the body remains a reactive forum susceptible to the prevailing political climate, undermining its potential to foster consistent cooperative federalism.[52][53]
Recent Developments
Reconstitution and Revitalization
The Inter-State Council (ISC) underwent reconstitution in May 2022, with Prime MinisterNarendra Modi designated as chairman, Chief Ministers of all states and Union Territories with legislatures as members, select Union Cabinet Ministers as members, and additional Union Ministers as permanent invitees.[54] The standing committee of the ISC was simultaneously reconstituted under the chairmanship of Union Home Minister Amit Shah, comprising the Home Minister, select Chief Ministers, and other Union Ministers to process issues for the full council's consideration and monitor implementation of its decisions.[55] This update expanded the council's membership from prior configurations, incorporating more Union Ministers as invitees to facilitate broader deliberation on center-state coordination.[29]The 2022 reconstitution addressed the body's prolonged dormancy, as the full ISC had not convened a plenary meeting since 2006 prior to related zonal activities, aiming to reinvigorate its role in resolving inter-state disputes and promoting cooperative federalism as recommended by the Sarkaria Commission in 1988.[7] State leaders, including Tamil Nadu Chief Minister M.K. Stalin, urged the Prime Minister in June 2022 to hold ISC meetings at least twice annually to discuss federal issues, highlighting perceived neglect in center-state dialogue.[56] These efforts aligned with broader governmental initiatives under the National Democratic Alliance administration to operationalize constitutional mechanisms for federal harmony, though critics noted that reconstitution alone did not guarantee frequent convocations without sustained follow-through.[57]Further revitalization occurred in November 2024, when the ISC was reconstituted anew after a two-year interval, retaining Prime Minister Modi as chairman while specifying nine Union Ministers as core members alongside all Chief Ministers, with 13 additional Union Ministers as invitees.[58] On November 11, 2024, the standing committee was separately reconstituted with Amit Shah as chairman, including the Ministers of Finance, Defence, and other key portfolios, along with five Chief Ministers, to enhance continuous oversight of federal coordination matters.[30] This iteration emphasized streamlined processing of agenda items, such as water disputes and economic policies, drawing from the Punchhi Commission's 2010 suggestions for a permanent secretariat and regular sessions to mitigate judicial overload on inter-state conflicts.[50] Official notifications underscored the intent to foster evidence-based discussions on shared governance challenges, though empirical outcomes remain pending evaluation through subsequent meetings.[59]These reconstitutions represent incremental steps toward operationalizing the ISC under Article 263 of the Constitution, which empowers the President to establish such bodies for investigating subjects of common interest.[60] Proponents argue that updated memberships enable more inclusive input from states, potentially reducing ad-hoc reliance on the Supreme Court for disputes like river water sharing, as seen in cases involving Cauvery or Godavari basins.[61] However, historical patterns of infrequent meetings—averaging less than once every five years pre-2022—suggest that true revitalization hinges on enforced scheduling and measurable resolutions rather than structural tweaks alone.[6]
Post-2022 Activities and Outcomes
In November 2024, the Government of India reconstituted the Inter-State Council, designating Prime MinisterNarendra Modi as chairman, with chief ministers of all states and union territories possessing legislative assemblies, administrators of other union territories, and nine union ministers as members; thirteen additional union ministers were included as invitees to broaden participation, including chief ministers from National Democratic Alliance allies.[62] This followed a prior reconstitution in May 2022, where the Prime Minister also assumed the chairmanship.[63]Concurrently, on November 8, 2024, the Standing Committee of the Inter-State Council was reconstituted, appointing Union Home Minister Amit Shah as chairman, alongside select chief ministers and union ministers tasked with reviewing Centre-state relations, monitoring implementation of council recommendations, and addressing urgent inter-state matters.[64]No meetings of the full Inter-State Council have occurred since its 11th session in July 2016, including the post-2022 period despite these reconstitutions.[7] Outcomes remain preparatory rather than substantive, with the 2024 changes aimed at facilitating more structured dialogue on cooperative federalism, though the absence of convenings has yielded no new resolutions, dispute resolutions, or policy implementations attributable to the council itself.[6]The council's secretariat has supported increased Zonal Council engagements, such as the Central Zonal Council's 24th meeting on October 7, 2023, in Narendra Nagar, and 25th on June 24, 2025, in Varanasi, focusing on regional development and security issues, indirectly advancing inter-governmental coordination under the broader framework.[65] Critics, including opposition leaders, contend that infrequent full-council meetings undermine the body's potential to mediate disputes like water sharing or fiscal imbalances, perpetuating reliance on ad hoc mechanisms.[66]