Inter state body disputes, if not promptly & impartially settled, become persistent issue that impede development & growth. Highlighting the Constitutional & legal framework to settle Inter-S disputes, explain why independent India has failed to resolve Inter-S body disputes.
Main Body
Inter state dispute act as a roadblock to goals of cooperative federalism in India. Constitutional Framework: (1) Article 263: Setting up of Inter-state council to resolve & discuss issues. (2) Article 131: Original jurisdiction of Supreme court to solve "legal disputes" between federal units. (3) Article 136: Special leave of SC can be used to challenge any decision by lower courts or Tribunals. (4) Tribunals (Article 323A & 323B): eg: GST Council) → fiscal dispute. (5) Article 262: To solve river-water dispute. Legal Framework: (1) State Reorganization act, 1956: Created zonal councils (2) North eastern Council act: A separate governing body for NE states (3) River boards act, 1956: Boards to manage inter state rivers. (4) Inter state bodies dispute tri-bunals act 1956: govt. can create tribunals to solve inter water dispute. Why India failed to resolve bodies disputes between states:
— Abhishek Singh
Abhishek Singh
Federal Structure - Functions, Responsibilities, Devolution of Powers and Finances
Federalism
Inter-State Body Disputes
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analytical
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