Mechanism for settling inter-state disputes. (UPSC CSE Mains 2020 - Political Science and International Relations, Paper 1)
The Constitution of India contemplates a variety of mechanisms for the settlement of inter-State disputes – taking the word “dispute” in a wide and comprehensive sense, so as to cover not only disputes that come up before the judiciary, but also disputes for whose resolution an extra-judicial machinery is contemplated by the Constitution.
- The judicial mechanism : article 131 The principal provision creating the judicial mechanism for dealing with inter-State disputes involving a legal right is article 131 of the Constitution. It confers, on the Supreme Court of India, exclusive jurisdiction to deal with disputes involving legal rights. This article covers any dispute – (a) between the Government of India and one or more States; or (b) between the Government of India and any State or States on one side and one or more other States on the other; or (c) between two or more States, if, and in so far as, the dispute involves any question (whether of law or of fact), on which the existence or extent of a legal right depends.
- Disputes relating to water Under article 262 of the Constitution, it is permissible for Parliament, by law, to provide for the adjudication of disputes relating to inter-State rivers or river-valleys. The law so enacted can exclude the jurisdiction of the Supreme Court and other courts.
- Inter-State Council Finally, in article 263 of the Constitution, there is provision for the formation of an inter-State Council. Although this Council has several functions, it is also competent to tender advice regarding the resolution of inter-State disputes.
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