Constitutional Bodies and Functionaries

Indian Polity Constitutional Bodies

Constitutional bodies/ Functionaries

Although, the Constitution of India very well provides for the mechanisms under which the resources of the states are to be supplemented by the central government say, in the form of tax sharing and grants in aid yet, the Constitution does not lay down in any rigid form, a formula that is to be followed while sharing the taxes or giving grants in aid to the states out of the central revenue. The rationale behind this is simple and clear from the fact that it is practically not only an unworkable proposition in any dynamic federation, but also impossible to predict for all times to come, what is the financial requirement of a particular state or states at a given point of time, given the quantum of responsibilities that the states have to incur from time to time due to the advent of the concept of a welfare state. Moreover, the Constitutional makers also noticed the frailties of a rigid scheme of such distribution of resources, as it came out before them glaringly in some of the then working federations like Australia and Canada.

Therefore, they left this entire task onto an independent commission that will work out such distribution of resources after assessing all the ground realities pertaining to the needs of the states from time to time without getting swayed under any political pressure so as to get biased in its working. To achieve this objective, the Constitution of India gives a special place of significance to this commission somewhere, on the lines of Commonwealth grants commission of Australia, created under the similar mandate in its own Constitution…

Article 280 of the Constitution of India provides for a Finance Commission as a quasi judicial body. It is constituted by the president of India every fifth year or at such earlier time or intervals, as he considers necessary.

Composition of the Commission

The Finance Commission consists of a chairman and four other members to be appointed by the president. They hold office for such period, which is conventionally not more than a year or as specified by the president in his order. They are eligible for reappointment.

The Constitution authorizes the Parliament to determine the qualifications of members of the commission and the manner in which they should be selected. Accordingly, the Parliament has specified the qualifications of the chairman and members of the commission vide the Finance Commission miscellaneous provisions Act of 1951. In pursuance of this, the chairman should be a person having experience in public affairs and the four other members should be selected from amongst the following:

1. A judge of high court or one qualified to be appointed as one.

2. A person who has specialized knowledge of finance and accounts of the government.

3. A person who has wide experience in financial matters and in administration.

4. A person who has special knowledge of economics.

Functions of the Commission

The Finance Commission is required to make recommendations to the President of India on the following matters:

a) The distribution of the net proceeds of taxes to be shared between the Centre and the states, and the allocation between the states of the respective shares of such proceeds.

b) The principles that should govern the grants-in-aid to the states by the Centre (i.e., out of the consolidated fund of India).

c) The measures needed to augment the consolidated fund of a state to supplement the resources of the Panchayats and the Municipalities in the state on the basis of the recommendations made by the state finance commission.

d) Any other matter referred to it by the president in the interests of sound finance.

The commission submits its report to the president. He lays it before both the Houses of Parliament along with an explanatory memorandum as to the action taken on its recommendations.

It must be clarified here that the recommendations made by the Finance Commission are only of advisory nature and hence, not binding on the government.

Finance Commissions Appointed

S.No.

Commission

Year of establishment

Chairman

Operational Duration

First Finance Commission

1951

K.C. Neogy

1952-1957

Second Finance Commission

1956

K. Santhanam

1957-1962

Third Finance Commission

1960

A.K. Chanda

1962-1966

Fourth Finance Commission

1964

Dr. Rajamannar

1966-1969

Fifth Finance Commission

1968

MahavirTyagi

1969-1974

Sixth Finance Commission

1972

K. Brahmananda Reddy

1974-1979

Seventh Finance Commission

1977

J.M. Shellet

1979-1984

Eight Finance Commission

1983

Y.B. Chavan

1984-1989

Ninth Finance Commission

1987

N.K.P. Salve

1989-1995

10.

Tenth Finance Commission

1992

K.C. Pant

1995-2000

11.

Eleventh Finance Commission

1998

A.M. Khusro

2000-2005

12.

Twelfth Finance Commission

2003

Dr. C. Rangarajan

2005-2010

13.

Thirteenth Finance Commission

2007

Dr. Vijay Kelkar

2010-2015

Fourteenth

2012

Dr . Y.V. Reddy

2015–2020

Comptroller and Auditor General of India (CAG)

It is no denying the fact that a democracy can be worked best when the parliament exercises an effective control over the functioning of the executive. This control of the legislature over the executive is not as much stronger than it is exercised by it through its control of purse after all, no government can be practically carried on without finance being placed at the disposal of the executive to fund its various activities. But then, it is also equally significant that whatever the government spends, it is not only be properly authorized, but must also be spent in the manner and for the purposes, it has been sanctioned to it. To achieve this objective, the Constitution of India provides for another equally important functionary, totally independent from the executive influence, but acting as a friend and guide of the legislature so that as, remarked by Dr. Amedkar in the Constituent Assembly that not even a farthing is spent out of the public exchequer (Consolidated Fund of India and of the states) without proper authorization from the legislature. Hence, an office of CAG being created under the Constitution.

(Article 148) of the Constitution provides for an independent office of the Comptroller and Auditor General of India (CAG) who is expected to function as the watchdog of public finance. He is the head of the Indian Audit and Accounts Department. Being the guardian of the public purse, he thus controls the entire financial system of the country at both the levels – the Centre and the state. His duty is to uphold the Constitution of India and laws of Parliament in the field of financial administration. This is the reason why Dr. B.R. Ambedkar said that the CAG shall be the most important Officer under the Constitution of India.

Appointment and Term of the CAG:

The CAG is appointed by the President of India by a warrant under his hand and seal. The CAG, before taking over his office, makes and subscribes before the president an oath or affirmation:

1. to bear true faith and allegiance to the Constitution of India;

2. to uphold the sovereignty and integrity of India;

3. to duly and faithfully and to the best of his ability, knowledge and judgment perform the duties of his office without fear or favour, affection or ill-will; and

4. to uphold the Constitution and the laws.

He holds office for a period of six years or upto the age of 65 years, whichever is earlier. He can resign any time from his office by addressing the resignation letter to the president. He can also be removed by the president on same grounds and in the same manner as a judge of the Supreme Court.

Comptroller and Auditor-Generals of India

Name

Tenure

V. NarhariRao

1948-1954

A.K. Chanda

1954-1960

Sh. A.K. Roy

1960-1966

S. Ranganathan

1966-1972

A. Baksi

1972-1978

GianPrakash

1978-1984

T.N. Chaturvedi

1984-1990

C.G. Somiah

1990-1996

V.K. Shunglu

1996-2002

10.

V.N. Kaul

2002-2008

11.

12.

VinodRai

Shashikant Sharma

2008-2013

2013-till date

Independence of CAG

The Constitution has made the following provisions to safeguard and ensure the independence of CAG:

1. He is provided with the security of tenure. He can be removed by the president only in accordance with the procedure mentioned in the Constitution. Thus, he does not hold his office till the pleasure of the president, though he is appointed by him.

2. He is not eligible for further office, either under the Government of India or of any state, after he ceases to hold his office.

3. His salary and other service conditions are determined by the Parliament. His salary is equal to that of a judge of the Supreme Court.

4. Neither his salary nor his rights in respect of leave of absence, pension or age of retirement can be altered to his disadvantages after his appointment.

5. The conditions of service of persons serving in the Indian Audit and Accounts Department and the administrative powers of the CAG are prescribed by the president after consultation with the CAG.

6. The administrative expenses of the office of the CAG, including all salaries, allowances and pensions of persons serving in that office are charged upon the Consolidated Fund of India. Thus, they are not subject to the vote of Parliament.

Further, no minister can represent the CAG in Parliament (both Houses) and no minister can be called upon to take any responsibility for any actions done by him.

Duties and Powers of the CAG

The Constitution (Article 149) authorizes the parliament to prescribe the duties and powers of the CAG in relations to the accounts of the Union or of the states and of any other authority or body. Accordingly, the Parliament enacted the CAG’s (Duties, Powers and Conditions of Service) act, 1971. This Act was amended in 1976 to separate accounts from audit in the Central government.

The duties and functions of the CAG as laid down by the Parliament and the Constitution are:

1. He audits the accounts related to all the expenditure incurred by the Central and state governments.

2. He audits the accounts of bodies and authorities financed from the Central or state revenues like Corporations, companies and so on.

3. He audits the accounts of any other authority when requested by the president or governor, for examples, the audit of local bodies.

4. He advises the president with regard to prescription of the form in which the accounts of the Centre and the states are to be kept.

5. He submits his audit reports relating to the accounts of the Centre to president, who in turn places them before both the Houses of Parliament. These audit reports are:

i. Audit Report on appropriation accounts

ii. Audit Report on finance accounts

iii. Audit Report on public undertakings

6. He submits his audit reports relating to the accounts of a state to governor, who in turn places them before the state legislature.

7. He ascertains and certifies the net proceeds of any tax or duty.

8. He acts as a guide, friend and philosopher of the public accounts committee of the Parliament.

9. He compiles and maintains the accounts of state governments.

The Constitution of India visualizes the CAG to be comptroller as well as Auditor General. However, in practice, the CAG is fulfilling the role of an Auditor-General only and not that of a Comptroller. In this respect, the CAG of India differs totally from the CAG of Britain who has powers of both Comptroller as well as Auditor General. In other words, in Britain, the executive can draw money from the public exchequer only with the approval of the CAG.

Attorney General of India

It is quite possible that owing to the multifarious responsibilities of the Union government under the mandate of a welfare state, it may likely to indulge in various kinds of legal disputes before a Court of law, either with private individuals or with other units of the federation. Similarly, before the central government actually finds itself indulged into any kind of such litigation, it seeks to take a legal advice from a legal expert before proceeding ahead with a particular matter under its concern. Hence, the office of Attorney General has been created under the Constitution for the Union Government and a corresponding functionary called as Advocate General at the state level.

The President is to appoint a person who is qualified to be appointed as a Supreme Court Judge to be the Attorney-General for India [Art. 76(1)]. He holds office during the President's pleasure, and receives such remuneration as may be determined by him [Art. 76(4)].

The Attorney-General gives advice to the Government of India upon such legal matters as may be referred to him from time to time by the government and performs such other duties of a legal character as may be assigned, to him by the President from time to time [Art. 76(3)]. He also discharges the functions conferred on him by or under the Constitution or any other law [Art. 76(3)].

According to the rules made by the President, the Attorney-General, in addition, is required to appear on behalf of the Government of India in all cases in the Supreme Court in which the Government of India is concerned: also, he represents the Government of India in any reference made by the President to the Supreme Court under Art. 143. The Government of India may also require him to appear in any High Court in any case in which the Government of India is concerned.

In the performance of his duties, the Attorney-General has the right of audience in all courts in India [Art. 76(3)1. He has the right to take part in proceedings of either House of Parliament, or their joint sitting, and any parliamentary committee of which he may be named as a member, but he does not have a right to vote under this provision [Art. 88]. He enjoys all the privileges which are available to a Member of Parliament

In Britain, the appointment of the Attorney-General is 'political' in nature in the sense that it is conferred on a successful barrister who is a supporter of the party in power. He has some-times been a member of the Cabinet though "it is generally regarded as preferable that he should remain outside the Cabinet as the Government's chief legal adviser. O. Hood Phillips observes in this regard:

“The better opinion is that the Attorney-General should not be in the Cabinet because of his quasi-judicial functions with regard to prosecutions, and also because it is desirable to separate the giving of advice from those who decide whether to act on the advice. Indeed it must be open to question in view of his unfettered discretion to refuse to initiate proceedings and his power to terminate criminal proceedings whether the appointment should be non-political.”

According to the practice followed in India so far, the Attorney-General is appointed on the basis of professional competence and not on political considerations. He is a non-party man who is invariably, appointed because of his legal competence as a lawyer and not for his political affiliations or leanings and thus, he is not a member of the Cabinet as such.

Election Commission of India

It was very much in the contemplation of the Constitution makers that for the healthy and smooth working of Indian democracy, there has to be a body independent in itself; being given a Constitutional protection and being placed much above the political influence so that it could discharge its onerous responsibility of conducting free and fair elections in the country without being swayed by political pulls and pressures and hence, the election commission of India was created.

The Election Commission is a permanent and an independent body established by the Constitution of India directly to ensure free and fair elections in the country. Article 324 of the Constitution provides that the power of superintendence, direction and control of elections to

· Parliament,

· State legislature,

· The office of president of India and the

· Office of vice-president of India, shall be vested in the Election Commission.

It must be noted here that the election commission is not concerned with the elections to Panchayats and Municipalities in the states. For this purpose, the Constitution of India provides for a separate State Election Commission especially, subsequent to the Constitutional 73^rd and 74^th.Amendment Acts…

Composition of the Commission:

Article 324 of the Constitution has made the following provisions with regard to the composition of election commission:

1. The Election Commission shall consist of the chief election commissioner and such number of other election commissioners, if any, as the president may from time to time fix.

2. The appointment of the chief election commissioner and other election commissioners shall be made by the president.

3. When any other election commissioner is so appointed the chief election commissioner shall act as the chairman of the election commission.

4. The president may also appoint after consultation with the election commission such regional commissioners as he may consider necessary to assist the election commission.

5. The conditions of service and tenure of office of the election commissioners and the regional commissioners shall be determined by the president.

Chronology of the Commission from a single member body to a muti-member body:

· Since its inception, in 1950 and till 15 October 1989, the election commission functioned as a single member body consisting of the Chief Election Commissioner only.

· On 16 October, 1989, during the regime of V.P. Singh, the president appointed two more election commissioners to cope with the increased work of the election commission on account of lowering of the voting age from 21 to 18 years.

· However, the two posts of election commissioners were abolished in January 1990.

· Again in October 1993, the president appointed two more election commissioners. Since then and till today, the Election Commission has been functioning as a multi-member body consisting of three election commissioners.

The chief election commissioner and the two other election commissioners have equal powers and receive equal salary, allowances and other perquisites, which are similar to those of a judge of the Supreme Court.

In case of difference of opinion amongst the Chief Election Commissioner and/or two other election commissioners, the matter is decided by the Commission by majority.

They hold office for a term of six years or until they attain the age of 65 years, whichever is earlier. They can resign at any time or can also be removed before the expiry of their term.

Assistance to Election Commission:

• The Election Commission is assisted by deputy election commissioners drawn from the civil service and appointed by the commission with tenure system.

• At the state level, the Election Commission is assisted by the chief electoral officer who is appointed by the chief election commissioner in consultation with the state government.

• Below this, at the district level, the collector acts as the district returning officer who further appoints.

• A returning officer for every constituency in the district.

• A presiding officer for every polling booth in the constituency.

Table

CHIEF ELECTION COMMSSIONERS OF INDIA

Name

Tenure

SukumarSen

1950-1958

K.V.K. Sundaram

1958-1967

S.P. SenVerma

1967-1972

Dr. Nagendra Singh

1972-1973

T. Swaminathan

1973-1977

S.L. Shakdhar

1977-1982

T.K. Trivedi

1982-1985

R.V.S. PeriSastri

1986-1990

Smt. V.S. Rama Devi

1990-1990

10.

T.N. Seshan

1990-1996

11.

M.S. Gill

1996-2001

12.

J.M. Lyngdoh

2001-2004

13.

T.S. Krishna Murthy

2004-2005

14.

B.B. Tandon

2005-2006

15.

N. Gopalaswamy

2006-2009

16.

17.

Naveen Chawla

Y.B. Qureshi

2009-till date

Till date

Independence of the Commission:

Article 324 of the Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of the Election Commission:

1. The chief election commissioner is provided with the security of tenure. He can not be removed from his office except in same manner and on the same grounds as a judge of the Supreme Court. In other words, he can be removed by the president on the basis of a resolution passed to that effect by both the Houses of Parliament with special majority, either on the ground of proved misbehaviour in capacity.

2. The service conditions of the chief election commissioner cannot be varied to his disadvantage after his appointment.

3. Any other election commissioner or a regional commissioner cannot be removed from office except on the recommendation of the chief election commissioner.

Powers and Functions:

• To determine the territorial areas of the electoral constituencies throughout the country on the basis of the Delimitation Commission Act of Parliament.

• To prepare and periodically revise electoral rolls and to register all eligible voters.

• To notify the dates and schedules of elections and to scrutinize nomination papers.

• To grant recognition to political parties and allot election symbols to them.

• To act as a court for settling disputes related to granting of recognition to political parties and allotment of election symbols to them.

• To appoint officers for inquiring into disputes relating to electoral arrangements.

• To determine the code of conduct to be observed by the parties and the candidates at the time of elections.

• To prepare a roster for publicity of the policies of the political parties on radio and TV in times of elections.

• To advise the president on matters relating to the disqualifications of the members of state legislature.

• To advise the governor on matters relating to the disqualifications of the members of state legislature.

• To cancel polls in the event of rigging, booth capturing, violence and other irregularities.

• To request the president or the governor for requisitioning the staff necessary for conducting elections.

• To supervise the machinery of elections throughout the country to ensure free and fair elections

• To advise the president whether elections can be held in a state under president’s rule in order to extent the period of emergency after one year.

• To register political parties for the purpose of elections and grant them the status of national or state parties on the basis of their poll performances.

National commission for Scheduled Castes and National Commission for Scheduled Tribes

Originally, Article 338 of the Constitution provided for a special officer for SCs and STs to investigate all matters relating to the constitutional safeguards for the SCs and STs and to report to the president on their working. However, it was felt that a high level multi-member commission under Article 338 would be a more effective arrangement in respect to the constitution safeguards for SCs and STs than a single special officer as was originally provided.

Accordingly, the 65^th Amendment Act of 1990 amended Article 338 to provide for the establishment of a National Commission for Scheduled Castes (SCs) and Scheduled Tribes (STs).

However, consequent upon the 89^th Amendment Act of 2003, the erstwhile National Commission for SCs and STs has been replaced by

· National Commission for Scheduled Castes, and

· National Commission for Scheduled Tribes.

· In short, by the above amendment, the erstwhile combined national commission for SC & ST has been bifurcated into two separate bodies called as National commission for SC under Article 338 and national commission for ST under Article 338-A.

The Commission consists of a chairman, a vice-chairman and five other members. They are appointed by the president by warrant under his hand and seal. Their conditions of service and tenure of office are also determined by the president.

Functions:

1. To investigate and monitor all matters relating to the constitutional and other legal safeguards for the SCs and STs and to evaluate their working;

2. To inquire into specific complaints with respect to the deprivation of rights and safeguards of the SCs and STs;

3. To participate and advise on the planning process of socio-economic development of the SCs and STs and to evaluate the progress of their development under the Union or a state;

4. To make recommendations as to the measures that should be taken by the Union or a state for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the SCs and STs; and

5. The discharge such other functions in relation to the protection, welfare and development and advancement of the SCs and STs as the president may specify.

Powers:

The Commission is vested with the power to regulate its own procedure. The commission, while investigating any matter or enquiring into any complaint, has all the powers of a civil court trying a suit and in particular in respect of the following matters.

1. Summoning and enforcing the attendance of any person from any part of India and examining him on oath;

2. Requiring the discovery and production of any document;

3. Receiving evidence on affidavits;

4. Requisitioning any public record from any court or office;

5. Issuing summons for the examination of witnesses and documents; and

6. Any other matter which the president may determine.

The Central Government and the State Governments are required to consult the Commission on all major policy matters affecting the SCs and STs.

The Commission presents an annual report to the president. It can also submit a report as and when it thinks necessary. The president also forwards any report of the commission pertaining to a state government to the state governor. All such reports are placed before the Parliament or state legislature, along with a memorandum explaining the action taken on the recommendations made by the commission. The memorandum should also contain the reasons for the non-acceptance of any of such recommendations.

The National Commission for SCs/National Commission for STs functions from the Headquarters at New Delhi and its various Regional Offices.

Public Service Commissions

As provided by the Government of India Act of 1919, a Central Public Service Commission was set up in 1926 and entrusted with the task of recruiting civil servants. The Government of India Act of 1935 provided for the establishment of not only a Federal Public Service Commission but also a Provincial Public Service Commission and Joint Public Service Commission for two or more provinces.

Union Public Service Commission (UPSC):

UPSC is the central recruiting agency in India. It is an independent constitutional body. Article 315 to 323 in Part XIV of the Constitution contain elaborate provisions regarding the composition, appointment and removal of members along with the independence, powers and functions of the UPSC.

Composition of the UPSC:

The UPSC consists of a chairman and other members appointed by the President of India. The Constitution, without specifying the strength of the Commission has left the matter to the direction of the president, who determines its composition. Usually, the Commission consists of nine to eleven members including the chairman. Further, no qualifications are prescribed for the Commission’s membership except that one-half of the members of the Commission should be such persons who have held office for at least ten years either under the Government of India or under the government of a state. The Constitution also authorizes the president to determine the conditions of service of the chairman and other members of the Commission.

The chairman and members of the Commission hold office for a term of six years or until they attain the age of 65 years, whichever is earlier. However, they can relinquish their offices at any time by addressing their resignation to the president. They can also be removed before the expiry of their term by the president in the manner as provided in the Constitution.

Removal of the Chairman & other members of the Commission:

The President can remove the chairman or any other member of UPSC from the office under the following circumstances:

(a) If he is adjudged an insolvent (that is, has gone bankrupt);

(b) If he engages, during his term of office, in any paid employment outside the duties of his office; or

In addition to these, the president can also remove the chairman or any other members of UPSC for misbehaviour. However, in this case, the president has to refer the matter to the Supreme Court for an enquiry. If the Supreme Court, after the enquiry, upholds the cause of removal and advises so, the president can remove the chairman or a member. Under the provisions of the Constitution, the advise tendered by the Supreme Court in this regard is binding on the president. During the course of enquiry by the Supreme Court, the president can suspend the chairman or the member of UPSC.

Defining the term ‘misbehaviour’ in this context, the constitution states that the chairman or any other member of the UPSC is deemed to be guilty of misbehavior if he,

(a) is concerned or interested in any contract or agreement made by the Government of India or the government of a state, or

(b) participates in any way in the profit of such contract or agreement or in any benefit there from otherwise than as a member and in common with other members of an incorporated company.

Independence of the Commission: How has been ensured by the Constitution?

The Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of the UPSC.

(a) The chairman or a member of the UPSC can be removed from office by the president only in the manner and on the grounds mentioned in the Constitution. Therefore, they enjoy security of tenure.

(b) The conditions of service of the chairman or a member, though determined by the president, cannot be varied to his disadvantage after his appointment.

(c) The entire expenses including the salaries, allowances and pensions of the chairman and members of the UPSC are charged on the Consolidated Fund of India. Thus, they are not subject to vote of Parliament.

(d) The chairman of UPSC (on ceasing to hold office) is not eligible for further employment in the Government of India or a state.

(e) A member of UPSC (on ceasing to hold office) is eligible for appointment as the chairman of UPSC or a State Public Service Commission (SPSC), but not for any other employment in the Government of India or a state.

(f) The Chairman or a member of UPSC is (after having completed his first term) not eligible for reappointment to that office (i.e., not eligible for second term).

Functions of the Commission:

1. It conducts examinations for appointments to the all-India services, Central services and public services of the centrally administered territories.

2. It assists the states (if requested by two or more states to do so) in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required.

3. It serves all or any of the needs of a state on the request of the state governor and with the approval of the President of India.

4. It is consulted on the matters related to personnel management including methods of recruitment to civil services and for civil posts, making appointments, promotions and transfers, disciplinary matters and so on.

The jurisdiction of UPSC can be extended by an act made by the Parliament.

The UPSC presents, annually, to the president a report on its performance. The President places this report before both the Houses of Parliament, along with a memorandum explaining the cases where the advice of the Commission was not accepted and the reasons for such non-acceptance. All such cases of non-acceptance must be approved by the Appointments Committee of the Union Cabinet. An individual ministry or department has no power to reject the advice of the UPSC.

While UPSC is entrusted with the selection of candidates to higher civil services, Staff Selection Commission is a centralized agency responsible for recruiting personnel to middle and lower services of Central government.

It was established in 1975 by an executive resolution of Central government. Originally, it was known as the Subordinate Service Commission and renamed as the Staff Selection Commission in 1976. It enjoys the status of an attached office of the Ministry of Personnel and acts as an advisory body. It consists of a chairman, to members and a secretary-cum-controller of examinations. The tenure of chairman and members is for five years or till they attain the age of 62 years, whichever is earlier. They are appointed by the Central government.

In addition to UPSC (for higher services) and SSC (for middle and lower services), there is a Public Enterprises Selection Board (PSEB) which is responsible for making recommendations for appointment to the full-time board level posts of chief executives, functional directors and part-time chairmen in the public enterprises of the Central government…

Inter-state Council

Another contrivance proposed by the Constitution makers to promote the concept of cooperative federalism in the country, is making a provision for a kind of council which would have on it, the representatives of both the central and state governments so that it could function as a common forum for healthy discussions and deliberations between them to sort out mutual differences and antagonism on any issue rather than going against each other to a court of law as adversaries…

Article 263 thus, contemplates the establishment of an Inter-State Council to effect coordination between the states and between Centre and states. Thus, the President of India 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 organization 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:

1. Enquiring into and advising upon disputes which may arise between states;

2. Investigating and discussing subjects in which the states or the Centre and the states have a common interest; and

3. Making recommendations upon any such subject and particularly, for the better coordination of policy and action on it.

The Sarkaria Commission on Centre-State Relations (1983-87) made a strong case for the establishment of a permanent Inter-State Council under Article 263 of the Constitution.

In pursuance of the above recommendations of the Sarkaria Commission, the Janata Dal Government headed by V.P. Singh established the Inter-State Council in 1990. It consists of the following members since then:

1. Prime minister as the chairman,

2. Chief Ministers of all the states,

3. Chief Ministers of union territories having legislative assemblies,

4. Administrators of union territories not having legislative assemblies,

5. Six Central cabinet ministers, including the home minister, to be nominated by the Prime Minister.

The ministers of state having independent charge in the Central government may be invited when any item relating to their ministry is to be discussed in the council.

The council is a recommendatory body on issues relating to inter-state, Centre-state and Centre-union territories relations. It aims at promoting coordination between them by examining, discussing and deliberating on such issues. The Council may meet at least thrice in a year….