1. Inter-State Water Disputes

  • Constitutional Basis: Article 262 of the Indian Constitution
  • Provisions:
    • Parliament can legislate on disputes regarding inter-state rivers and river valleys.
    • Courts, including the Supreme Court, are restricted from handling these disputes if they fall under a tribunal’s purview.
  • Relevant Legislation:
    • River Boards Act (1956): Allows the establishment of river boards for river management.
    • Inter-State River Water Disputes Act (1956): Empowers the Central government to form a tribunal to resolve inter-state river water disputes.
  • Examples:
    • Several tribunals have been set up, such as the Krishna Water Disputes Tribunal (1969), Cauvery Water Disputes Tribunal (1990), and the Mahanadi Water Disputes Tribunal (2018).

2. Inter-State Councils

  • Constitutional Basis: Article 263 provides for the establishment of an Inter-State Council to promote cooperation and coordination.
  • Functions:
    • Investigate and provide advice on disputes between states.
    • Discuss issues of common interest among states and make recommendations.
    • Coordinate policies and actions across states.
  • Establishment: The Sarkaria Commission recommended a permanent Inter-State Council, leading to its creation in 1990.
  • Composition:
    • Prime Minister (Chair), Chief Ministers of all states, Union Territory representatives, and key central ministers.
  • Examples:
    • Topics discussed include social and economic planning, resource allocation, and border disputes.

3. Public Acts, Records, and Judicial Proceedings

  • Full Faith and Credit Clause:
    • Ensures that public acts, records, and judicial proceedings are recognized across states.
    • Legislative and Executive Acts: These must be acknowledged by all states, fostering legal uniformity.
    • Judgments Execution: Civil judgments are enforceable across state borders without needing a separate suit.
  • Exceptions:
    • Criminal judgments do not require enforcement across states.

4. Inter-State Trade and Commerce

  • Constitutional Basis: Articles 301-307 in Part XIII
  • Key Provisions:
    • Article 301: Guarantees freedom of trade, commerce, and intercourse throughout India.
    • Article 302: Parliament can impose restrictions on trade in public interest but without state discrimination.
    • Article 303-305: Restrictions on state legislature’s power to discriminate in trade; allows state monopolies.
  • Implementation Challenges:
    • The absence of a regulatory authority to oversee inter-state trade issues.
  • Example:
    • Essential Commodities Act (1955) regulates essential goods’ production and distribution.

5. Zonal Councils

  • Establishment: Formed by the States Reorganisation Act of 1956.
  • Purpose:
    • Address inter-state issues, promote unity, and encourage cooperation.
  • Structure:
    • Five Zonal Councils: Northern, Central, Eastern, Western, and Southern.
    • Chaired by the Home Minister, with state Chief Ministers as vice-chairs by rotation.
  • Functions:
    • Discuss matters like economic planning, minority rights, border issues, and regional development.
  • North-Eastern Council:
    • Created by a separate act to address the unique needs of northeastern states.
  • Example:
    • The Central Zonal Council includes states like Uttar Pradesh and Madhya Pradesh to address region-specific needs.