STATE DISPUTES - POLITY
News: How
are disputes among states resolved in India?
What's in the news?
● The
border dispute between Maharashtra and Karnataka is intensifying, with both
states hardening their stance.
● On
December 27, both Houses of the Maharashtra Assembly passed a unanimous
resolution to support a legal battle to resolve the dispute.
● This
came just days after the Karnataka Assembly passed a resolution reiterating
Karnataka’s position on the issue.
What is the Maharashtra-Karnataka border dispute?
● The
border dispute over Belagavi, Karwar and
Nipani in North Karnataka is long-standing.
● When
state boundaries were redrawn on linguistic lines as per the States Reorganisation Act of 1956,
Belagavi became part of the erstwhile Mysore state.
● Maharashtra
claims that parts of Belagavi, where Marathi is the dominant language, should
remain in Maharashtra.
Mahajan Commission:
● In
October 1966, the Centre set up the Mahajan
Commission, led by former Chief Justice of India Mehr Chand Mahajan, to
resolve the border dispute in Maharashtra, Karnataka and Kerala.
● The
Commission recommended that Belgaum and 247 villages remain with Karnataka.
● Maharashtra
rejected the report, and in 2004, moved the Supreme Court.
How is the issue being resolved?
● Attempts
are often made to resolve inter-state disputes with the cooperation of both
sides, with the Centre working as a facilitator or a neutral mediator.
● If
issues are resolved amicably, Parliament can bring a law to alter state
boundaries, such as the Bihar-Uttar Pradesh (Alteration of Boundaries) Act of
1968 and the Haryana-Uttar Pradesh (Alteration of Boundaries) Act of 1979.
● In
the Belagavi issue, Union Home
Minister Amit Shah met Chief Ministers Basavaraj Bommai and Eknath Shinde and asked
them to form a six-member team, comprising three ministers from each side, to
address all boundary issues.
What are the other methods available?
● There
are other formal methods in the Constitution to resolve inter-state disputes.
1. Judicial redressal:
● The
Supreme Court in its original jurisdiction decides disputes between states.
● Article 131
of the Constitution reads: “Subject to the provisions of this Constitution, the
Supreme Court shall, to the exclusion of any other court, have original
jurisdiction in any dispute
○ between
the Government of India and one or more States; or
○ between
the Government of India and any State or States on one side and one or more
other States on the other; or
○ between
two or more States, if and in so far as the dispute involves any question
(whether of law or fact) on which the existence or extent of a legal right
depends.
2. Inter-state Council:
Formation:
● Article 263
contemplates that the President can establish such a council if at any time it
appears to him that the public interest would be served by its establishment.
● The
President can define the nature of duties to be performed by such a council and
its organization and procedure.
● The
recommendations of the council are advisory in nature rather than binding.
Duties of the council:
Even though the President is empowered to define the duties of an inter-state
council, Article 263 specifies the duties that can be assigned to it in the
following manner:
● enquiring
into and advising upon disputes which may arise between states.
● investigating
and discussing subjects in which the states or the Centre and the states have a
common interest.
● making
recommendations upon any such subject, and particularly for the better
co-ordination of policy and action on it.
Establishment of Inter-State Council:
Based on the recommendations of Sarkaria Commission, the President establishes
the Inter-State Council with the following members.
● Prime minister as the
Chairman
● Chief
ministers of all the states
● Chief
ministers of union territories having legislative assemblies
● Administrators
of union territories not having legislative assemblies
● Governors
of States under President's rule
● Six
Central cabinet ministers, including the home minister, to be nominated by the
Prime Minister.
● Five
Ministers of Cabinet rank / Minister of State (independent charge) nominated by
the Chairman of the Council (i.e., Prime Minister) are permanent invitees to
the Council.
Meetings: The Council may
meet at least thrice in a year. Its
meetings are held in camera and all questions are decided by consensus.
Standing committee:
The Standing Committee of the Council
was set up in 1996 for continuous consultation and processing of matters for
the consideration of the Council. It consists of the following members:
● Union Home Minister as
the Chairman
● Five
Union Cabinet Ministers
● Nine
Chief Ministers.
● In
2021, the Centre reconstituted the Inter-state Council and the body now has 10
Union Ministers as permanent invitees.
● The
standing committee of the Council has been reconstituted with Home Minister
Amit Shah as Chairman.
● Finance
minister Nirmala Sitharaman and the Chief Ministers of Maharashtra, UP, and
Gujarat are some of the other standing committee members.
Secretariat:
The Council is assisted by a secretariat
called the Inter-State Council
Secretariat. This secretariat was set-up in 1991 and is headed by a
secretary to the Government of India. Since 2011, it is also functioning as the secretariat of the Zonal
Councils.
What are some other inter-state disputes in India?
● In
a reply to Parliament, in 2015, the Centre said that there are border disputes
mostly arising out of claims and counter-claims over territories between
Assam-Meghalaya; Assam-Nagaland; Assam-Mizoram; Assam-Arunachal Pradesh and
Maharashtra- Karnataka.