BACKGROUND OF THE INTER-STATE COUNCIL
Inter-State Council has been set up under article 263 of the Constitution for co-ordination of Inter-State matters.
ARTICLE 263
Article 263 of the Constitution of India provides as under: -
"If at any time it appears to the President that the public interest would be served by the establishment of a Council charged with the duty of -
a. Inquiring into and advising upon disputes which may have arisen
between States;
b. Investigating and discussing subjects in which some or all of the States,
or the Union and one or more of the States, have a common interest; or
c. Making recommendations upon any such subject and in particular, recommendations for the better co-ordination of policy and action with respect to that subject, it shall be lawful for the President by order to establish such a Council, and to define the nature of the duties to be performed by it and its organization and procedure."
Government of India Act, 1935
Article 263 of the Constitution substantially reproduces section 135 of the Government of India Act, 1935. Section 135 provided for establishment of Inter-Provincial Council with duties identical with those of the Inter-State Council as stipulated under article 263 of the Constitution. At the time of framing of section 135 of the Government of India Act, 1935, it was felt that "if departments or institutions of coordination and research are to be maintained at the Centre in such matters as Agriculture, Forestry, Irrigation, Education and Public Health and if such institutions are to be able to rely on appropriations of public funds sufficient to enable them to carry on their work, the joint interest of Provincial Governments in them must be expressed in some regular and recognized machinery of Inter-Governmental consultations." It was also intended that the said Council should be set up as soon as the Provincial autonomy provisions of Government of India Act, 1935 came into operation. The said Council was envisaged to be advisory for facilitating Inter-Provincial cooperation. Since the plea of federation itself was not given effect to by the then Government, no such Council was established.
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