15 Inter-State Relations‌

T

he successful functioning of the Indian federal system depends not only on the harmonious relations and close cooperation between the Centre and the states but also

between the states inter se. Hence, the Constitution makes the following provisions with regard to inter-state comity:

1. Adjudication of inter-state water disputes.

2. Coordination through inter-state councils.

3. Mutual recognition of public acts, records and judicial proceedings.

4. Freedom of inter-state trade, commerce and intercourse.

In addition, the zonal councils have been established by the Parliament to promote inter-state cooperation and coordination.

Article 262 of the Constitution provides for the adjudication of inter- state water disputes. It makes two provisions:

(i) Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution and control of waters of any inter-state river and river valley.

(ii) Parliament may also provide that neither the Supreme Court nor any other court is to exercise jurisdiction in respect of any such dispute or complaint.

Under this provision, the Parliament has enacted two laws [the River Boards Act (1956) and the Inter-State Water Disputes Act (1956)]. The River Boards Act provides for the establishment of river boards for the regulation and development of inter-state river and river valleys. A river board is established by the Central government on the request of the state governments concerned to advise them.

The Inter-State Water Disputes Act empowers the Central government to set up an ad hoc tribunal for the adjudication of a dispute between two or more states in relation to the waters of an inter-state river or river valley. The decision of the tribunal would be final and binding on the parties to the dispute. Neither the Supreme Court nor any other court is to have jurisdiction in respect of any water dispute which may be referred to such a tribunal under this Act.

The need for an extra judicial machinery to settle inter-state water disputes is as follows: "The Supreme Court would indeed have jurisdiction to decide any dispute between states in connection with water supplies, if legal rights or interests are concerned; but the experience of most countries has shown that rules of law based upon the analogy of private proprietary interests in water do not afford a satisfactory basis for settling disputes between the states where the interests of the public at large in the proper use of water supplies are involved.”1

So far (2019), the Central government has set up nine inter-state water dispute tribunals. The name of the tribunals, the years in which they were constituted and the states involved in the dispute are mentioned in Table 15.1.

Table 15.1 Inter-State Water Dispute Tribunals Set-up So Far

Article 263 contemplates the establishment of an Inter-State Council to effect coordination between the states and between Centre and states. Thus, 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. He can define the nature of duties to be performed by such a council and its organisation and procedure.

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:

(a) enquiring into and advising upon disputes which may arise between states;

(b) investigating and discussing subjects in which the states or the Centre and the states have a common interest; and

(c) making recommendations upon any such subject, and particularly for the better co-ordination of policy and action on it. "The council’s function to enquire and advice upon inter-state

disputes is complementary to the Supreme Court’s jurisdiction under Article 131 to decide a legal controversy between the governments. The Council can deal with any controversy whether legal or non- legal, but its function is advisory unlike that of the court which gives a binding decision.”2

Under the above provisions of Article 263, the president has established the following councils to make recommendations for the better coordination of policy and action in the related subjects:

• Central Council of Health and Family Welfare.

• Central Council of Local Government3

• Four Regional Councils for Sales Tax for the Northern, Eastern, Western and Southern Zones.4