Question

Difficulty: EasyFederal System, Centre-State Relations, and Emergency Provisions

Under Article 263 of the Constitution of India, who among the following is constitutionally empowered to establish an Inter-State Council to inquire into and advise upon disputes between states?

  1. A
    The Parliament of India
  2. The President of IndiaAnswer
  3. C
    The Prime Minister of India
  4. D
    The Supreme Court of India

Answer

The President of India is constitutionally authorized under Article 263 to establish an Inter-State Council.
Article 263 of the Indian Constitution authorizes the President of India to establish an Inter-State Council whenever public interest is served by doing so. Following recommendations of the Sarkaria Commission, the Inter-State Council was formally established by a Presidential Order in May 1990.

Step-by-Step Solution

1
Identify the relevant Constitutional Article governing inter-state coordination
Article 263 deals with provisions regarding an Inter-State Council.
Understanding the specific constitutional provision clarifies which authority holds the power.
2
Determine the competent authority specified within Article 263
Article 263 mandates that 'if at any time it appears to the President that the public interest would be served by the establishment of a Council... it shall be lawful for the President by order to establish such a Council.'
The power to issue an order setting up the council is directly granted to the executive head of the Union, the President.

Key Concept

Establishment of Inter-State Council under Article 263
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