Examine the procedures for resolving conflicts within the States or between the Union and the States, taking into account the Supreme Court’s and other bodies’ roles in this process.
Lost your password? Please enter your email address. You will receive a link and will create a new password via email.
Please briefly explain why you feel this question should be reported.
Please briefly explain why you feel this answer should be reported.
Please briefly explain why you feel this user should be reported.
The Indian Constitution provides various mechanisms for the resolution of disputes between the Union and the States, or among the States themselves. These mechanisms include:
Arbitration: The Constitution empowers the Union government to refer disputes to arbitration. For example, the 1995 dispute between the Union government and the State of Andhra Pradesh over the sharing of Krishna River waters was resolved through arbitration.
Negotiation: The Centre and States can negotiate and reach an agreement through direct talks. For instance, the dispute between the Centre and the State of Tamil Nadu over the Kaveri River water sharing was resolved through negotiations.
Supreme Court intervention: The Supreme Court has played a significant role in resolving disputes between the Centre and States, or among States themselves. For example, in the Sompalia case (1980), the Court held that the Centre has no authority to unilaterally alter the boundaries of a State.
Dispute resolution bodies: Various bodies have been established to resolve disputes between States, such as:
The Interstate Council: This body was set up in 1990 to promote cooperation and resolve disputes between States.
The Zonal Councils: These councils were established in 1956 to promote cooperation and resolve disputes among States within specific regions.
The North Eastern Council: This council was set up in 1971 to promote development and resolve disputes among States in the North Eastern region.
Role of the Supreme Court:
Original jurisdiction: The Supreme Court has original jurisdiction over disputes between the Centre and States, or among States themselves.
Appellate jurisdiction: The Court has appellate jurisdiction over decisions made by high courts and other tribunals.
Public interest litigations: The Court can take cognizance of public interest litigations (PILs) and issue directions to resolve disputes.
Advisory jurisdiction: In some cases, the Court can offer advisory opinions on disputes between the Centre and States or among States.
Recent developments:
The Inter-State Water Disputes Act, 1956, has been amended to provide for a more efficient mechanism for resolving water disputes between States.
The Ministry of Home Affairs has established a new mechanism for resolving border disputes between States.
The Centre has established a High-Powered Committee (HPC) to resolve disputes related to coal block allocation.
Challenges:
Delayed decision-making: Dispute resolution mechanisms can be slow, leading to delays in resolving conflicts.
Lack of political will: Disputes often require political will to resolve, which can be lacking at times.
Complexity of issues: Disputes can involve complex issues, such as water sharing, border disputes, or land acquisition, making resolution challenging.
In conclusion, India’s constitution provides a range of mechanisms for resolving disputes between the Union and States, or among States themselves. While these mechanisms have helped resolve some disputes, there are ongoing challenges related to delayed decision-making, lack of political will, and complexity of issues. The Supreme Court plays a crucial role in resolving these disputes, but its intervention is often necessary to ensure that conflicts are resolved in a timely and effective manner.