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.