What mechanisms are available for resolving disputes between the Union and States?

116 Oct 2024

Nikhil Kumar2 followers

Disputes between the Union and States in India can arise due to disagreements over constitutional provisions or issues of jurisdiction. The Constitution of India has outlined various mechanisms to resolve these conflicts in a fair and just manner.

1. Judicial Mechanism

The judiciary plays a crucial role in resolving disputes between the Union and States. The Supreme Court of India is empowered to settle such disputes under Article 131 of the Constitution.

Sub-topics under this:

Article 131: This article allows the Supreme Court to hear disputes between the Union and a State or between two or more States.
Exclusive Jurisdiction: The Supreme Court has exclusive jurisdiction in disputes related to the distribution of powers or authority between Union and States.
Advisory Role: The Court may give advice on constitutional matters at the request of the President.
Interim Relief: The Supreme Court can grant interim orders to prevent the escalation of conflicts during the resolution process.

2. Inter-Governmental Council

The Inter-Governmental Council is another important mechanism for resolving disputes. It consists of the Prime Minister, the Chief Ministers of States, and the Union Cabinet Ministers.

Sub-topics under this:

Article 263: This article empowers the President to set up an Inter-Governmental Council to resolve disputes and improve coordination between Union and States.
National Integration: The Council works towards ensuring national unity and resolving matters that affect both the Union and States.
Advisory Function: It has the authority to make recommendations on any matter related to coordination between Union and States.
Periodic Meetings: The Council meets periodically to discuss and address ongoing issues.

3. Presidential Reference

In some situations, the President may refer a dispute between the Union and States to the Supreme Court for its opinion under Article 143 of the Constitution.

Sub-topics under this:

Article 143: This article gives the President the power to refer disputes to the Supreme Court for its opinion.
Clarity on Constitutional Issues: The Presidential reference aims to seek clarity on matters that may not have clear constitutional interpretation.
Advisory Opinion: The opinion given by the Supreme Court is advisory and helps in resolving the issue at hand.
Impact of Opinion: The advisory opinion of the Court is not binding but holds significant persuasive value in resolving conflicts.

Key Questions for Revision

What is Article 131 of the Constitution?
Article 131 grants exclusive jurisdiction to the Supreme Court to resolve disputes between the Union and States or among States.
What is the role of the Inter-Governmental Council?
The Inter-Governmental Council works to resolve conflicts and improve coordination between the Union and States.
How does the Presidential reference work?
The President can refer disputes between the Union and States to the Supreme Court under Article 143 for its advisory opinion.

In essence, the mechanisms for resolving disputes between the Union and States in India ensure that conflicts are resolved peacefully and within the framework of the Constitution. These mechanisms maintain harmony between the different levels of government and preserve the federal structure of the nation.