Article 263 of the Costitution of India with Case law
Article 263 of the Constitution of India
Title: Provisions with respect to an Inter-State Council
🔹 Text of Article 263:
If at any time it appears to the President that the public interests would be served by the establishment of a Council charged with the duty of—
(a) inquiring into and advising upon disputes which may have arisen between States;
(b) investigating and discussing subjects in which some or all of the States, or the Union and one or more of the States, have a common interest; or
(c) making recommendations upon any such subject and, in particular, recommendations for the better coordination of policy and action with respect to that subject,
in so far as it concerns the States generally or those States in particular, the President may by order establish such a Council, and define the nature of the duties to be performed by it and its organisation and procedure.
📘 Explanation of Article 263:
Article 263 provides the constitutional basis for the establishment of an Inter-State Council (ISC). It is a non-judicial and advisory body aimed at promoting coordination between the Centre and States and resolving inter-state disputes.
It empowers the President of India to establish such a council by executive order, depending on public interest.
✅ Key Functions of the Inter-State Council:
| Clause | Function |
|---|---|
| (a) | Inquire and advise on disputes between States |
| (b) | Investigate/discuss matters of common interest to Union and/or States |
| (c) | Make policy recommendations, especially for better coordination |
🏛️ Inter-State Council: Background
Constitutional Basis: Article 263
Recommended by: Sarkaria Commission Report (1988)
Established in: 1990 by a Presidential order
Chairman: Prime Minister of India
Members: Chief Ministers of all States, Union Ministers, Administrators of UTs, etc.
⚖️ Key Case Laws Related to Article 263:
1. State of Karnataka v. Union of India (1977) 4 SCC 608
Issue: Centre-State relations and Presidential powers.
Held: Centre cannot unilaterally interfere in State matters unless constitutionally permitted.
Relevance: Though not directly about Article 263, this case reinforced the need for consultative bodies like the Inter-State Council for cooperative federalism.
2. Re: Presidential Reference (Special Reference No. 1 of 2001)
Issue: Inter-State river water disputes between Karnataka and Tamil Nadu.
Held: Emphasized the role of consultation and coordination, highlighting the usefulness of Article 263 mechanisms.
Relevance: Underlined the potential of ISC in resolving water-sharing disputes.
3. S.R. Bommai v. Union of India (1994) 3 SCC 1
Issue: Misuse of Article 356 and Centre-State relations.
Held: Reiterated the need for dialogue and cooperative federalism.
Relevance: Although not about Article 263 specifically, it validated mechanisms like ISC for improving Centre-State dynamics.
🧩 Why Article 263 Matters:
Promotes cooperative federalism
Facilitates Centre–State and Inter-State dialogue
Offers a non-judicial platform for resolving disputes
Strengthens policy alignment between States and Union
Important for issues like river water sharing, border disputes, law and order, and fiscal policy
🧾 Example Issues Where ISC is Useful:
| Issue | States Involved | Role of ISC |
|---|---|---|
| Cauvery water dispute | Karnataka vs Tamil Nadu | Coordination & policy recommendation |
| GST implementation | All States + Union | Harmonizing tax policy |
| Farm law protests | Punjab, Haryana, Centre | Dialogue between stakeholders |
| Border disputes | Assam vs Meghalaya, etc. | Discussion & non-judicial advice |
📌 Conclusion:
Article 263 is a vital provision to ensure cooperative federalism in India. It creates a platform for inter-governmental dialogue, conflict resolution, and policy coordination—without relying solely on judicial intervention. The Inter-State Council, established under this Article, plays a key role in strengthening India’s federal structure.
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