Constitutional Mechanisms for Resolving Inter-State Disputes

How are Disputes Between the Central and State Governments Resolved Under Constitutional Law?

India, a federal republic, is a complex union of states.¹ This federal structure often leads to disputes between the central government and state governments.² To ensure a harmonious functioning of this federal system, the Constitution of India has provided mechanisms for resolving such inter-governmental disputes.³

Major Mechanisms for Resolving Inter-State Disputes

1. Original Jurisdiction of the Supreme Court:
   • The Supreme Court of India has original jurisdiction to settle disputes between the Union and one or more States or between States inter se.⁴
   • This jurisdiction is crucial in resolving constitutional disputes, territorial disputes, and revenue sharing disputes.
   • The Supreme Court's decisions are binding on all parties involved and have a significant impact on the federal structure of India.
2. Advisory Jurisdiction of the Supreme Court:
   • The President of India can refer any question of law or fact of public importance to the Supreme Court for its opinion.⁵
   • While these opinions are not binding, they carry significant weight and can influence the resolution of inter-state disputes.
3. Inter-State Council:
   • The Inter-State Council, established under Article 263 of the Constitution, provides a platform for the Union and the States to discuss and resolve matters of common interest.⁶
   • This Council can address issues related to interstate cooperation, coordination, and dispute resolution.⁷
4. Constitutional Amendments:
   • In cases of significant constitutional disputes, the Parliament can amend the Constitution to resolve the issue.⁸
   • However, such amendments must comply with the basic structure doctrine, which ensures that the essential features of the Constitution are not compromised.⁹

Other Mechanisms

• Negotiation and Mediation:
  • Many inter-state disputes are resolved through negotiation and mediation between the concerned parties.
  • This approach can be effective in resolving disputes amicably and avoiding legal proceedings.
• Administrative Tribunals:
  • Administrative tribunals, such as the Central Administrative Tribunal (CAT) and State Administrative Tribunals (SATs), can resolve disputes between the central government, state governments, and their employees.¹⁰

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By employing these mechanisms, India has successfully managed to maintain a balance of power between the central government and the states, ensuring the smooth functioning of the federal system.