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Inter-State Relations

📊 High-Yield Data & Statistical Fact Sheet
  • Constitutional vs. Statutory Split:
    • Inter-State Council (Article 263): Constitutional body established in 1990 by Presidential Order on the recommendation of the Sarkaria Commission.
    • Zonal Councils: Statutory bodies created under the States Reorganisation Act, 1956 (5 Councils) and the North-Eastern Council Act, 1971 (1 Council).
  • Water Disputes Exclusion (Article 262):
    • Parliament can by law exclude the jurisdiction of the Supreme Court or any other court in respect of any inter-state river water dispute or valley complaint.
    • Adjudicated via ad-hoc tribunals set up under the Inter-State Water Disputes (ISWD) Act, 1956. Their decisions are final and binding, completely barring judicial intervention except on procedural errors via Article 136 (Special Leave Petitions).
  • Zonal Councils Leadership:
    • Union Home Minister acts as the common ex-officio Chairman of all five Zonal Councils and the North-Eastern Council (since 2018).
    • Chief Ministers of the member states act as Vice-Chairman by rotation for a 1-year term.
  • NE Council (Statutory - 1971 Act): Comprises 8 member states (Assam, Manipur, Mizoram, Arunachal Pradesh, Nagaland, Meghalaya, Tripura, and Sikkim).
  • River Boards Act, 1956: Provides for the Central Government to establish River Boards for regulating inter-state river valleys. Factual Reality: Not a single River Board has ever been established under this Act since its enactment.

1. WATER DISPUTES & AD-HOC TRIBUNALS (ARTICLE 262)


WATER DISPUTES & AD-HOC TRIBUNALS (ARTICLE 262)

WATER DISPUTES & AD-HOC TRIBUNALS (ARTICLE 262)
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    The resolution of inter-state river water disputes is carved out from regular judicial structures:

  • Constitutional Provision (Article 262): Prevents interstate resource friction from paralyzing the judiciary by allocating dispute adjudication to specialized ad-hoc tribunals.
  • ISWD Act, 1956 Adjudication: If negotiations fail, the Central Government constitutes an ad-hoc tribunal on a state's request. Tribunal awards have the same force as a Supreme Court decree.
  • Active Water Disputes and Tribunals:
  • Krishna Water Disputes Tribunal (KWDT II): Maharashtra, Karnataka, Andhra Pradesh, and Telangana.
  • Godavari Water Disputes Tribunal: Maharashtra, Andhra Pradesh, Karnataka, Madhya Pradesh, and Odisha.
  • Narmada Water Disputes Tribunal: Gujarat, Madhya Pradesh, Maharashtra, and Rajasthan.
  • Ravi and Beas Waters Tribunal: Punjab, Haryana, and Rajasthan.
  • Cauvery Water Disputes Tribunal: Kerala, Karnataka, Tamil Nadu, and Puducherry.
  • Vansadhara Water Disputes Tribunal: Odisha and Andhra Pradesh.
  • Mahadayi Water Disputes Tribunal: Goa, Karnataka, and Maharashtra.
  • Mahanadi Water Disputes Tribunal: Odisha and Chhattisgarh.
  • Pennaiyar River Tribunal: Karnataka and Tamil Nadu (constituted following Supreme Court directions).
What changed under the Inter-State River Water Disputes (Amendment) Act, 2019?

    The 2019 Amendment reformed the slow, multi-tribunal ISWD Act, 1956 regime:

  • Disputes Resolution Committee (DRC): On receiving a complaint from a state, the Central Government first sets up a DRC (comprising a Chairperson and experts, with representation from party states) to attempt an amicable settlement within 1 year, extendable by 6 months.
  • Reference to Tribunal: If the DRC fails to resolve the dispute, the Central Government refers it to a single, permanent Inter-State River Water Disputes Tribunal (with multiple benches), replacing the earlier practice of setting up a separate ad-hoc tribunal for each dispute.
  • Tribunal Composition: A Chairperson, Vice-Chairperson, and a maximum of 3 judicial members and 3 expert members, appointed by the Central Government. Each bench is expected to give its decision within 2 years, extendable by a further 1 year.
  • Finality: The decision of the Tribunal bench is treated as final and binding on the party states, having the same force as an order or decree of the Supreme Court; the requirement of a separate notification of the award in the Official Gazette was removed to expedite implementation.
  • Term of Members: Chairperson/members hold office till 5 years or the age of 70 years, whichever is earlier.
  • Cauvery Dispute (illustrative): Cauvery Water Disputes Tribunal gave its final award in 2007 (notified 2013); Supreme Court in 2018 modified the water-sharing shares among Karnataka, Tamil Nadu, Kerala, and Puducherry, and directed constitution of the Cauvery Water Management Authority (CWMA) and Cauvery Water Regulation Committee (CWRC) for implementation and real-time regulation.

2. INTER-STATE COUNCIL (ARTICLE 263)


INTER-STATE COUNCIL (ARTICLE 263)

INTER-STATE COUNCIL (ARTICLE 263)
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    Created to secure coordination and resolve non-judicial disputes between the Center and the States or among the States:

  • Nature: It is a purely recommendatory and advisory body; its resolutions do not bind the governments.
  • Composition of the Inter-State Council:
  • Chairman: Prime Minister.
  • Members:
    1. Chief Ministers of all States.
    2. Chief Ministers of Union Territories with Legislative Assemblies (Delhi, Puducherry, Jammu & Kashmir).
    3. Administrators of Union Territories without Legislative Assemblies.
    4. Governors of States under President's Rule.
    5. Six Union Cabinet Ministers (including the Union Home Minister) nominated by the Prime Minister.
    6. Ten Union Ministers of Cabinet rank / Minister of State (independent charge) as permanent invitees.
  • Standing Committee of the Council (Established 1996):
  • Processes matters before they are placed in the main Council.
  • Composition: Union Home Minister (Chairman), 5 Union Cabinet Ministers, and 9 Chief Ministers.

3. ZONAL COUNCILS (STATUTORY)


ZONAL COUNCILS (STATUTORY)

ZONAL COUNCILS (STATUTORY)
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Five Zonal Councils were established under the States Reorganisation Act, 1956 to promote regional cooperation and integration: