How disputes among states resolved
- December 29, 2022
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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How disputes among states resolved
Subject: Polity
Context;
- The border dispute between Maharashtra and Karnataka is intensifying, with both states hardening their stance.
Mechanism for the disputes redressal between states:
- Centre as a neutral mediator
- 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.
- For example, in the current case between Maharashtra and Karnataka, the Union Home minister met both the Chief Ministers and asked them to form a six-member team to address all boundary issues.
- If issues are resolved amicably, Parliament can bring a law to alter state boundaries.
- Eg., Bihar-Uttar Pradesh (Alteration of Boundaries) Act of 1968 and the Haryana-Uttar Pradesh (Alteration of Boundaries) Act of 1979 were brought in similar fashion.
- Judicial redressal
- The Supreme Court in its original jurisdiction decides disputes between states.
- Article 131 of the Constitution allows SC to have original jurisdiction in any dispute:
- Between the Government of India and one or more States.
- Between the Government of India and any State or States on one side and one or more other States on the other.
- Between two or more States.
- Article 131 of the Constitution allows SC to have original jurisdiction in any dispute:
- The Supreme Court in its original jurisdiction decides disputes between states.
- Inter-state Council
- Article 263 of the Constitution gives powers to the President to set up an Inter-state Council for resolution of disputes between states.
- The Council is envisaged as a forum for discussion between the states and the Centre.
- In 1988, the Sarkaria Commission suggested that the Council should exist as a permanent body, and in 1990 it came into existence through a Presidential Order.
- 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 the Home Minister as Chairman.
Some of the 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.