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Day 9 – Q 4.There is an institutional gap in the Indian union and it needs to be filled before inter-state frictions get out of control. This gap can be fulfilled by rejuvenating the Inter-State Council. Comment.

4. There is an institutional gap in the Indian union and it needs to be filled before inter-state frictions get out of control. This gap can be fulfilled by rejuvenating the Inter-State Council. Comment.

भारतीय संघ में एक संस्थागत खाई है और अंतर-राज्य के घर्षण नियंत्रण से बाहर होने से पहले इसे भरने की जरूरत है। यह खाई इंटर-स्टेट काउंसिल को फिर से जीवंत करके भरी जा सकती है। टिप्पणी करेंI

Approach:

The question gives an assertive statement indicating a institutional gap in the federal polity and also mentions how this gap can be filled. Thus, following aspects need to be elaborated in the answer:

  1. Reason for existing institutional gap.
  2.  Address measures to control inter-state frictions.
  3. Need for revival of Inter-State Council.

Introduction:

Article 263 of the Indian Constitution vests the power in President to establish a council to inquire into and advise upon issues arising between the states. India being a dual polity, most of the institutional architecture focuses on resolving the disputes between union and states. Thus, on the recommendation of Sarkaria Commission Inter State Council was established.

Body:

Framing of policies and their implementation are the most important functions of the government. Implementation of many policies of the centre is dependent on the coordination and consultation among the states. However, there is no permanent body to ensure this process of deliberation. For example, implementation of Goods and Services tax took almost a decade after it was first introduced in the Parliament.

In the context of Terms of Fifteenth Finance Commission, friction between various states has seen the light. Developed states are considering the terms of 15TH Finance Commission as a punishment to their better economic performance.

New areas of concern are emerging with rising aspirations, technological advancements and socio-political changes. Inter-State council would ensure the spirit of mutual accommodation, comity and coordination in the concurrent sphere.

Revival of Inter-State council ensures:

  1. Sporadic meetings at ministerial levels of various states result in adhoc arrangements but not effective resolution.
  2. An independent, permanent secretariat which will ensure credibility of the institution besides maintaining continuity and follow up the issues.

iii. Adequate documentation as some of the issues may delve into complex matters which will need judicial intervention or expert opinions i.e river water sharing issues, tax policies.

Conclusion:

Australia, Canada and German federations have established similar federal councils which have ensured better coordination in policy implementation and serving the interests of the states in an efficient manner.

Best Answer 1: http://disq.us/p/1tqcct0

Best Answer 2:http://disq.us/p/1tqbwr9

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