12.5. Way Forward

♤ The return of the single-party majority government at the Centre has necessitated the strengthening of inter-governmental mechanisms for the harmonious working of the federal structure through institutions like ISC.

♤ Sarkaria Commission recommended that it needs to be given all the powers contemplated in the Constitution like Art 263(a) which gives it the power to investigate issues of inter- state conflict but was dropped in the Presidential order of 1990.

♤ It should provide greater opportunities to civil society institutions and the corporate sector to make their representations.

♤ Further, its secretariat may be shifted from the Union Home Ministry to the Rajya Sabha secretariat so that it would be under the direction of a neutral federal functionary, the vice- president of India rather than Union home minister.

♤ It should be strengthened as a forum for not just administrative but also political and legislative give and take between centre and states. For instance, while legislating on subjects that have been transferred from the state list to the concurrent list such as education and Forests, the centre must consult states more extensively and offer them greater flexibility.

♤ Some of the following recommendations of Punchhi commission should also be considered:

o The Inter-State Council must meet at least thrice in a year on an agenda evolved after proper consultation with States.

o The Council should have experts in its organizational set up drawn from the disciplines of Law, Management and Political Science besides the All India Services.

o The Council should have functional independence with a professional Secretariat constituted with experts on relevant fields of knowledge supported by Central and State officials on deputation for limited periods.

o After ISC is made a vibrant, negotiating forum for policy development and conflict resolution, the Government may consider the functions for the National Development Council also being transferred to the ISC.

Though, there are other bodies such as the NITI Aayog’s Governing Council with similar composition, including the prime minister, chosen cabinet ministers and chief ministers that could address centre-state issues. But, the ISC has constitutional backing, as against the NITI Aayog which only has an executive mandate. This puts the states on more solid footing in building the atmosphere of cooperation needed for calibrating centre-state relations.