Actual Article
Article 263: Provisions with respect to an inter-State Council
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,
it shall be lawful for the President by order to establish such a Council, and to define the nature of the duties to be performed by it and its organization and procedure.
UPSC Notes for Article 263
Explanation:
- Establishment of Inter-State Council: Article 263 empowers the President to establish an Inter-State Council if it is deemed necessary for public interest. The Council’s primary functions include inquiring into and advising on inter-State disputes, discussing subjects of common interest, and making recommendations for policy coordination.
- Duties and Functions: The article outlines three main duties of the Inter-State Council:
- Dispute Resolution: Inquiring into and advising upon disputes between States.
- Common Interests: Investigating and discussing subjects of mutual interest to the States or between the Union and the States.
- Policy Coordination: Making recommendations to ensure better coordination of policy and action on subjects of mutual interest.
Key Points:
- Public Interest: The establishment of the Inter-State Council is based on the need to serve public interests, promoting harmony and cooperation among States and between the Union and States.
- Coordination and Cooperation: The Council facilitates coordination and cooperation on policies and actions, helping to resolve disputes and address issues of common concern effectively.
- Presidential Authority: The President has the authority to define the Council’s duties, organization, and procedures, ensuring it functions effectively.
Important Cases and Commissions Related to Article 263
Cases:
- No specific landmark cases directly interpreting Article 263, as it deals primarily with the establishment and functions of an advisory council rather than adjudication.
Commissions:
- Sarkaria Commission (1983-1988): Recommended the establishment of a permanent Inter-State Council to facilitate better coordination between the Union and the States and to address issues of mutual interest.
- Punchhi Commission (2007-2010): Also supported the idea of a stronger Inter-State Council to enhance cooperative federalism.
Important Reports Related to Article 263:
- Sarkaria Commission Report: Provided detailed recommendations on the structure and functions of the Inter-State Council to ensure effective coordination and dispute resolution.
- Punchhi Commission Report: Emphasized the need for a robust mechanism for inter-State coordination and cooperation through the Inter-State Council.
Previous Year Prelims Questions Related to Article 263
- (UPSC Prelims 2016) Under Article 263, who has the authority to establish an Inter-State Council?
- A. The Prime Minister
- B. The President
- C. The Chief Justice of India
- D. The Governor of a State Correct Answer: B. The President
- (UPSC Prelims 2018) What is one of the primary functions of the Inter-State Council as per Article 263?
- A. To legislate on matters of common interest
- B. To investigate and discuss subjects of common interest between States
- C. To appoint Governors
- D. To amend the Constitution Correct Answer: B. To investigate and discuss subjects of common interest between States
Previous Year Mains Questions Related to Article 263
- Mains 2016: “Discuss the significance of Article 263 in promoting inter-State coordination and cooperation in India. How does the Inter-State Council contribute to resolving disputes and aligning policies?”
- Mains 2019: “Evaluate the role of the Inter-State Council established under Article 263 in enhancing cooperative federalism. What challenges does it face in fulfilling its mandate?”
Additional Insights:
- Promoting Federal Harmony: Article 263 plays a crucial role in promoting federal harmony by providing a platform for dialogue and coordination among States and between the Union and States.
- Advisory Role: The Inter-State Council serves an advisory role, making recommendations that help align state policies with national objectives and resolve disputes amicably.
Understanding Article 263 is crucial for UPSC aspirants as it provides insights into the mechanisms for fostering inter-State cooperation and coordination, emphasizing the importance of collaborative governance in the Indian federal structure. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the constitutional provisions that facilitate effective federal relations and dispute resolution.