Inter – state Relations
| Introduction | · Successful federal system depends on the harmonious Relations between the Centre & state and also between states – inter- states.
· Constitution regarding to 4 inter-state comities. |
| (a) INTER-STATE WATER DISPUTES | Article 262 → Adjudication of inter-state water disputes.
→ Parl. may provide Adjudication n on these and it can’t be Challenged in S.C or any other = to regulation & development of inter-state river and river valleys. → River Board Act (1956) → Inter -state water Dispute Act (1956) → To setup ad hoc tribunal to end dispute → Final & binding → Not because court work on the base of fact but we have to look for all beneficiaries –9 tribunals so far → 1st Krishna water Disputes tribunal – Maharashtra, Karnataka & AP → 9th Tribunal → Mahanadi dispute → 1. C.H 2. Orissa |
| (b) INTER-STATE COUNCILS | · By President any time he seem necessary for public interest, Const. Body
Sarkaria Commission – 1988 → In 1990 VP Singh government established, Inter -state Council. · PM, Chairman, CM of All States, CM of UTs, Administrator of UTs, Governor of state, Where President rule, 6 Cabinet Minister including Home Minister. Finance Minister [Cabinet or Independent are permanent Intities] Work– Investigating & discussing such sub which state – Centre Common interest. 1. Standing committee 2. Union Home Minister as chairman 3. Five Union Cabinet Minister 4. Nine CM + secretariat for continuous, processing of the matter. |
| (c) PUBLIC ACTS, RECORDS AND JUDICIAL PROCEEDINGS | Jurisdiction of each state- fixed, to remove any such difficulty const. Provides, “Full, Faith & Credit”.
· Full faith & Credit given to public acts, records and judicial proceedings throughout the territory of India of the Centre and every state.→ Legislative and executive acts of the government. |
| (d) INTER-STATE TRADE AND COMMERCE, (301-307) | Art 301 – Trade & Commerce throughout the Country is Free. The objective to break the border barrier creates free trade throughout.
Art 302 – Parliament impose – restriction→ both Inter and Intra state in Public interest. Art 303 – S. Legislature can impose in public interest, but with a bill in legislature. Art 304 – Taxation of good imported from other state is valid, provided it is not discriminatory & include Sales Tax so long as it’s not discriminatory. Art 305 – The freedom under (Art-301) is subject to the nationalisation laws. |
| Zonal Council | Statutory body, not established by Const, it is establish by an act 1956.
SR Act 1956 · Northern Zone (Delhi) · Central Zone (Allahabad) · Southern Zone (Chennai) · Eastern Zone (Kolkata) · Western Zone (Mumbai)
Factors Kept in , while dividing 1. Natural Discussion of Country 2. River system, means of Communication 3. Cultural & Linguistic affinity 4. Economic Development, Security and law and order’ N.E Council – By N.E Council Act 1971 · Unified Coordinate regional plan · Assam + Manipur + Mizoram + Nagaland + Tripura + Megh + Sikkim |
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