The Inter-State Council has significant potential for resolving federal disputes, but its potential is yet to be fully realized. Discuss.
Introduction
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Main Body
Potential to resolve federal disputes: → It consists of CMs of all states & administrators of all UTs providing a platform for deliberation on disputes → Decisions taken by consensus thus satisfying all parties to disputes → Encourage cooperative federalism where L-S (where L-S) → Can be used for settling river water & boundary disputes between states → Can be used to discuss bills on concurrent list before introducing in parliament Reasons [Potential not fully realized] → States resort to ABL (federal cases in SC) before trying to deliberate issues with centre. Governor bills pindare. → Presence of NITI yogas: governing law council provides alternative platform. → GST council: used to discuss excised taxation issues. → Confrontational federalism due to centre and states ruled by opposition parties. → Spoils systems of the central govt. favouring states ruled by own party → Inter-state council as a constitutional body was recommended by Sarkaria commission to boost federalism in India.
Kasus [Potential not fully realized] → States resort to ABL / federal cases in SC before trying to deliberate issues with centre. Governor bills pindare. → Presence of NITI yogas: governing law council provides alternative platform. → GST council: used to discuss excised taxation issues. → Confrontational federalism due to centre and states ruled by opposition parties. → Spoils systems of the central govt. favouring states ruled by own party → Inter-state council as a constitutional body was recommended by Sarkaria commission to boost federalism in India.
— Ritu Goyal · AIR 223
Conclusion
2 words
Ritu Goyal
Separation of Powers and Dispute Redressal Mechanisms
Dispute Redressal Mechanisms
Separation of Powers
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formal and analytical
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