GUDIELINES AND NORMS FOR IDENTIFYING AND SELECTING ISSUES TO BE BROUGHT UP BEFORE THE INTER-STATE COUNCIL
In pursuance of clause (a) of paragraph 5 of the Inter-State Council Order 1990, the Council adopted the following guidelines for identifying and selecting issues to be brought up before it, namely –
1. (i) An issue to be brought up before the Council should fall within the purview of the duties enjoined on the Council under clauses (a) and (b) or, as the case may be, clause (c) of paragraph 4.
(ii) If any question arises as to whether the issue does or does not fall within the purview of the duties of the Council, it shall be decided by the Chairman whose decision thereon will be final.
2. Subject to the provisions of the said Order and the orders made there under, any issue relating to the following matters may be brought before the Council, namely -
(a) National appraisal of the measures taken to implement the Directive Principles of State Policy incorporated in Part IV of the Constitution.
(b) Any matter in the Union List, Concurrent List or the State List of the Constitution of India –
(i) in respect of which, there exists a common interest as referred to in clause (a) of paragraph 4 of the Presidential Order or a need for better coordination as referred to in clause (b) of the paragraph, or as the case may be, it is matter of general interest as referred to in clause (c) of that paragraph, or
(ii) in respect of which the adoption of an uniform policy in regard to legislation or executive action is desirable in the national interest.
(c) Proposal for legislation by the Union or a State on any matter in the Concurrent List, including amending legislation
(d) Cooperation and assistance by the State in the implementation of laws made by Parliament and in the exercise of executive power of the union in the State.
3. The following issues, as far as may be expedient, may not be brought up before the Council:
(i) Any issue which can be resolved by discussion at the official level or at the level of Ministers between the Central Government and the State Governments concerned.
(ii) Any issue which has to be considered or dealt with by the National Development Council, the National Integration Council, the Finance Commission, the Planning Commission or such other body or authority of a like nature as may be set up from time to time to deal with specific subjects relating to Centre-State relations.
(iii) Any issue which is currently under consideration or discussion in either House of Parliament or which is sub-judice.
(iv) Any issue relating to a matter which, under the Constitution, is left for the decision of a specified authority other than the Central Government such as the Election Commission or the Supreme Court etc.
(v) Any other issue the discussion of which may, in the opinion of the Chairman, create discord between the States or otherwise be against the public interest or against the interests of the sovereignty or integrity of India, the security of the State, friendly relations with foreign State or Public Order.
(vi) Any issue which relates to the discharge of any duty or special responsibility of the Union under the provisions of the Constitution or any law of Parliament.
Provided that if majority of the members of Inter-State Council propose the discussion of an issue or keeping in view the importance of a particular issue, it is considered desirable to do so, the Council may consider such an issue with the approval of the Chairman in terms of provisions of Clause 4(c) of the Presidential Order dated the 28th May, 1990.
“N.B.- The sub-clause (i-vi) mentioned under Para 3 above are only illustrative and not comprehensive.”
Similar procedure will apply for the meetings of the Standing Committee.
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