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Inter-State Council
Type of non-permanent constitutional body in India From Wikipedia, the free encyclopedia
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The Constitution of India, under Article 263,[1] provides that an Inter-State Council (ISC) may be established "at any time it appears to the President that the public interests would be served" by such establishment.
The first Inter-State Option was constituted in 1990 by a presidential order on recommendation of Sarkaria Commission.[2][3] Moreover, the Commission on Centre-State Relations under the Chairmanship of Justice R. S. Sarkaria had recommended that a permanent Inter-State Council called the Inter-Governmental Council (IGC) should be set up under Article 263. The ISC has been established pursuant to this recommendation of the commission. The Inter-State Council is 'not a permanent body' [4] as it can be established ‘at any time’ if it appears to the President that the public interests would be served by the establishment of such a Council. The Inter-State Council is also 'not a constitutional body' as its source of power is not directly derived from the Constitution. It is for the "President by an order to establish such a Council, and to define the nature of the duties to be performed by it and its organisation" [5] and procedure under Article 263. The objective of the ISC is to discuss or investigate policies, subjects of common interest, and disputes among states.[3]
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Duties
According to the Para 4 "Duties of the Council" of President Order dated 28th May 1990,[6] the Council shall be a recommendary body and in that capacity, shall perform the following duties, namely-
- 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
- making recommendations upon any such subject and, in particular, recommendations for the better co ordination of policy and action with respect to that subject
- deliberating upon such other matters of general interest to the states as may be referred to it by the Chairman
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Composition
The Inter-State Council composes of the following members:[7]
- Prime Minister as the Chairman.
- Chief Ministers of all states.
- Chief Ministers of the union territories having legislative assemblies.
- Lieutenant Governors and Administrators of the union territories not having legislative assemblies.
- 6 Union Cabinet Ministers to be nominated by the Prime Minister.
- Governors of the states being administered under President's rule.
Standing Committee
- Union Home Minister, Chairman
- 5 Union Cabinet Ministers
- 9 Chief Ministers
Inter-State Council Secretariat
Para 6 of the Presidential Order by which the Inter-State Council was established provided that “there shall be a Secretariat comprising of such officers and staff as the Chairman may think fit to appoint”.[8] It was setup in 1991.
- It is headed by officer in the rank of Secretary to the Govt. of India and assisted by:
- two advisors in the rank of Additional Secretary to the Govt. of India;
- two directors and three officers in the rank of Deputy and Under Secretary.
The secretarial functions of the Zonal Councils have been transferred to the Inter-State Council Secretariat with effect from 1st April, 2011. [9]
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Meetings
The Council has met 12 times since its inception (1990).[10]
See also
References
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