LUXMIKANT POLITY CRUX NOTES-CHAPTER-15

  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]

WorkInvestigating & 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 301Trade & Commerce throughout the Country is Free. The objective to break the border barrier creates free trade throughout.

Art 302Parliament impose – restriction→ both Inter and Intra state in Public interest.

Art 303S. Legislature can impose in public interest, but with a bill in legislature.

Art 304Taxation of good imported from other state is valid, provided it is not discriminatory & include Sales Tax so long as it’s not discriminatory.

Art 305The 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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