How are disputes between states resolved in India?
Context- The border dispute between Maharashtra and Karnataka is intensifying, with both states hardening their stance. On December 27, both Houses of the Maharashtra Assembly passed a unanimous resolution to support a legal battle to resolve the dispute. This came just days after the Karnataka Assembly passed a resolution reiterating Karnataka’s position on the issue.
What is the Maharashtra-Karnataka border dispute?
The border dispute over Belagavi, Karwar and Nipani in North Karnataka is long-standing. When state boundaries were redrawn on linguistic lines as per the States Reorganisation Act of 1956, Belagavi became part of the erstwhile Mysore state. Maharashtra claims that parts of Belagavi, where Marathi is the dominant language, should remain in Maharashtra.
In October 1966, the Centre set up the Mahajan Commission, led by former Chief Justice of India Mehr Chand Mahajan, to resolve the border dispute in Maharashtra, Karnataka and Kerala. The Commission recommended that Belgaum and 247 villages remain with Karnataka. Maharashtra rejected the report, and in 2004, moved the Supreme Court.
How is the issue being resolved?
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. If issues are resolved amicably, Parliament can bring a law to alter state boundaries, such as the Bihar-Uttar Pradesh (Alteration of Boundaries) Act of 1968 and the Haryana-Uttar Pradesh (Alteration of Boundaries) Act of 1979.
In the Belagavi issue, Union Home Minister Amit Shah met Chief Ministers Basavaraj Bommai and Eknath Shinde and asked them to form a six-member team, comprising three ministers from each side, to address all boundary issues.
What are the other methods available?
- Judicial redressal: The Supreme Court in its original jurisdiction decides disputes between states. Article 131 of the Constitution reads: “Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute
- between the Government of India and one or more States; or
- between the Government of India and any State or States on one side and one or more other States on the other; or
- between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends
- 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.
(Credits- Times of India)
What is the Inter-State Council?
Inter-State Council was established as an independent national forum for consultation with a mandate well defined in accordance with Article 263 of the Constitution of India.
- Composition:
- Prime Minister Chairman
- Chief Ministers of all States Members
- Chief Ministers of Union Territories having a Legislative Assembly and Administrators of UTs not having a Legislative Assembly and Governors of States under President’s Rule (Governor’s Rule in the case of J&K) Members.
- Six Ministers of Cabinet rank in the Union Council of Ministers to be nominated by the Prime Minister Members.
What is the Standing Committee of the Inter-State Council?
The standing committee will have continuous consultation and process matters for consideration of the council, process all matters pertaining to centre-state relations before they are taken up for consideration in the inter-state council.
It consists of the following members:
- Union Home Minister as the Chairman
- Five Union Cabinet Ministers
- Nine Chief Ministers the Council is assisted by a secretariat called the Inter-State Council Secretariat.
Way Forward- Centre should play the role of a neutral arbitrator, while enabling states to resolve disputes in an amicable manner.
Source- Indian Express
NEWS- How are disputes between states resolved in India?
Syllabus- GS-2; Federalism
