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With reference to interstate councils, consider the following statements: 1. Article 263 contemplates the establishment of an Inter-State Council to effect coordination between the states and between Centre and states. 2. The Interstate Council's decision is binding in nature. 3. Prime Minister acts as the chairman of the council. Which of the statements given above is/are correct?

With reference to interstate councils, consider the following statements: 1. Article 263 contemplates the establishment of an Inter-State Council to effect coordination between the states and between Centre and states. 2. The Interstate Council's decision is binding in nature. 3. Prime Minister acts as the chairman of the council. Which of the statements given above is/are correct? Correct Answer 1 and 3 only

The correct answer is 1 and 3 only.

Important Points

  • Article 263 contemplates the establishment of an Inter-State Council to effect coordination between the states and between Centre and states. Hence, statement 1 is correct.
    • 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:
      • enquiring into and advising upon disputes which may arise between states;
      • investigating and discussing subjects in which the states or the Centre and the states have a common interest; and
      • 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.
  • It consists of the following members:
    1. Prime minister as the Chairman.  Hence, statement 3 is correct.
    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. Governors of States under President’s rule
    6. Six Central cabinet ministers, including the home minister, to be nominated by the Prime Minister
  • Five Ministers of Cabinet rank / Minister of State (independent charge) nominated by the Chairman of the Council (i.e., Prime Minister) are permanent invitees to the Council.

Mistake Points

  • The Council can deal with any controversy whether legal or nonlegal, but its function is advisory unlike that of the court which gives a binding decision. Hence, statement 2 is NOT correct.

Additional Information

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

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