Inter-State Council and Zonal Councils – Constitutional Basis and Functioning

Introduction

India's federal structure requires mechanisms for coordination and dispute resolution between the Centre and states, and among states themselves. Two key institutions serve this purpose: the Inter-State Council (ISC) and the Zonal Councils. The ISC is a constitutional body under Article 263, established to investigate and discuss subjects of common interest and make recommendations. Zonal Councils are statutory bodies set up under the States Reorganisation Act, 1956, to foster cooperation within five geographical zones. Both institutions are important for understanding cooperative federalism in India — a theme that has gained renewed attention under NITI Aayog-led governance.

Detailed Explanation

1 Inter-State Council – Constitutional Basis

Article 263 empowers the President to establish an Inter-State Council if it appears to him that public interests would be served thereby. The Council's duties may include:

• Inquiring into and advising upon disputes which may have arisen between states.

• Investigating and discussing subjects in which some or all states or the Union and one or more states have a common interest.

• Making recommendations upon any such subject, particularly recommendations for better coordination of policy and action.

Importantly, the Constitution does not make it mandatory to establish the ISC. Article 131 (original jurisdiction of the Supreme Court) deals with justiciable disputes between states, while Article 263 deals with non-justiciable coordination and advisory functions.

2 Establishment and Composition of ISC

The ISC was established by a Presidential Order on May 28, 1990, following the Sarkaria Commission on Centre-State Relations (1983–88), which strongly recommended its activation as a permanent consultative forum.

Current composition:

• Chairman: Prime Minister of India.

• Members: Chief Ministers of all states and UTs with legislatures (Delhi, Puducherry, Jammu & Kashmir).

• Members: Administrators of UTs without legislatures.

• Members: Six Union Cabinet Ministers (nominated by PM) including Home Minister, Finance Minister, and others.

The ISC is supported by a Standing Committee (chaired by Home Minister) which meets more frequently to prepare the agenda and follow up on decisions.

3 Functioning and Meetings

The ISC is supposed to meet at least three times a year, though in practice meetings have been infrequent. Notable meetings include those in 1996, 1997 (on Sarkaria Commission recommendations), and subsequent meetings on issues like internal security, foreign residents, and economic coordination.

A key criticism is that the ISC has met only a handful of times since its establishment. Under the Modi government, a meeting in 2016 discussed Punchhi Commission recommendations on Centre-State relations. The infrequent meetings reduce its effectiveness as a genuine forum for federal dialogue.

4 Zonal Councils – Structure and Functioning

Zonal Councils are statutory bodies established under the States Reorganisation Act, 1956. They were designed as forums for interstate coordination on economic, social, and cultural matters within geographical zones.

The five Zonal Councils are:

• Northern Zonal Council: Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, Haryana, Delhi, Chandigarh.

• Central Zonal Council: Chhattisgarh, Uttarakhand, Uttar Pradesh, Madhya Pradesh.

• Eastern Zonal Council: Bihar, Jharkhand, Odisha, West Bengal.

• Western Zonal Council: Goa, Gujarat, Maharashtra, Dadra & Nagar Haveli, Daman & Diu.

• Southern Zonal Council: Andhra Pradesh, Telangana, Karnataka, Kerala, Tamil Nadu, Puducherry.

Each Zonal Council is chaired by the Union Home Minister. Chief Ministers of member states serve as Vice-Chairpersons on a rotational basis (one year each). State Home Ministers and two other state ministers are members.

5 North-Eastern Council (NEC)

The North-Eastern Council was established under the North-Eastern Council Act, 1971, as a separate body for the special category states of the North-East: Assam, Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, and Tripura. It is chaired by the Union Home Minister and has a broader development mandate, including formulation of regional development plans and reviewing socio-economic progress.

6 Differences: ISC vs. Zonal Councils

• Legal basis: ISC — Constitutional (Art. 263); Zonal Councils — Statutory (States Reorganisation Act, 1956).

• Scope: ISC — Pan-India; Zonal Councils — Regional/geographical zones.

• Chairperson: ISC — Prime Minister; Zonal Councils — Union Home Minister.

• Frequency: Both are advisory; ISC is rarer; Zonal Councils meet more regularly.

• Functions: ISC — disputes + policy coordination; Zonal Councils — economic, social, cultural coordination, border disputes, joint projects.

Important Concepts

• Cooperative Federalism: A model where Centre and states collaborate rather than compete — ISC and Zonal Councils are institutional expressions of this principle.

• Sarkaria Commission (1983–88): Recommended effective use of Article 263; its recommendations largely remain unimplemented.

• Punchhi Commission (2007–10): Further recommended strengthening of ISC and devolution of powers.

• NITI Aayog and Governing Council: In many ways, NITI Aayog's Governing Council (PM + all CMs) has taken over some functions envisaged for ISC, raising questions about duplication.

Current Relevance

The theme of cooperative federalism gained prominence under the Modi government, which convened ISC meetings and promoted the Governing Council of NITI Aayog. The COVID-19 pandemic necessitated unprecedented Centre-state coordination, using informal channels rather than constitutional bodies. The GST Council is often cited as a model of cooperative federalism — while not established under Art. 263, it functions as a quasi-federal consultative body. Debates on fiscal federalism (15th Finance Commission), resource allocation, and regional development keep these institutions relevant. The Zonal Councils have also been activated more frequently since 2015, with the Home Minister chairing meetings to resolve inter-state border and water disputes.