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.
  • 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.
How disputes among states resolved Polity