Enumerate the provisions within the institutional architecture of India to resolve inter-state disputes. Assess their effectiveness.

September 13, 2023 February 21, 2024

The institutional architecture in India to settle inter-state disputes includes the interstate council, the NITI Aayog and the Supreme Court.

Inter-State Council:

It is a constitutional body established under article 263, thus well-placed to settle disputes.
It has solved over 100 disputes within timeframe of one year.
It lacks a dedicated cadre of officers.
But infrequent meetings have diluted the effectiveness of this body.
Further if its secretariat is shifted to Rajya Sabha instead of being under union home Ministry, it would be more effective.

Zonal Councils:

These statutory bodies set up under States Reorganization Act 1956, have helped settle economic and environmental disputes between states.
However they suffer from lacunae like lack of impetus from participating states and lack of constitutional status.

Niti Aayog:

All states have been given the representation in the governing council.
Though NITI Aayog has spurred cooperative and competitive federalism, it has not facilitated dispute settlement.

Supreme Court:

It has exclusive original jurisdiction over inter-state disputes.
Recently it has solved major disputes like Cauvery water sharing, Sutlej Yamuna Link canal dispute and Mullaperiyar issue.
But its effectiveness is limited by the pendency of a high order and continuing vacancies in the judiciary.

Way forward:

Apart from strengthening inter-state council, river basin management boards for inter-state river disputes settlement will help to promote cooperation among states.

Topics: GS-II: Major Issues Pertaining to Federal Structure • GS-II: Separation of Powers Dispute Resolution Mechanisms