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
|(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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