Op-ed: The Inter-State Council has withered away and must be rebuilt
In one line: An Indian Express op-ed argues that the Inter-State Council, India's only constitutionally sanctioned Union-State forum, has been dormant since 2016 and must be rebuilt with autonomy and regular meetings.
Published 29 October 2026. Written by Pratidin from the reports linked at the end; every fact checked by a separate review before publishing. How we work
An opinion article in The Indian Express on 29 October 2026 argues that the Inter-State Council (ISC), the forum the Constitution provides for the Union and the States to sit together, has withered into irrelevance and must be rebuilt. The ISC rests on Article 263, which lets the President set up a council if it appears that the public interest would be served. It was constituted by a Presidential Order of 28 May 1990, on the recommendation of the Sarkaria Commission on Centre-State relations, and held its first meeting on 10 October 1990. The Prime Minister chairs it. Its members are the Chief Ministers of all States and of Union Territories with legislatures, Administrators of other Union Territories, and six Union Cabinet Ministers nominated by the Prime Minister.
The Council has met only 11 times. Its 11th and latest meeting, held in New Delhi on 16 July 2016, came after a gap of almost ten years, although its procedure calls for at least three meetings a year. The government last reconstituted the Council in November 2024; its Standing Committee, chaired by the Home Minister, is meant to keep consultation going between meetings. The writer argues that the ISC became a minor wing of the Ministry of Home Affairs, that Union policies affecting States' rights and revenues were made without it, and that this has eroded trust, especially with Opposition-ruled States. The article says that issues such as delimitation, tax reform, public health and internal security cut across jurisdictions and need a standing forum for consensus.
The article proposes an independent secretariat of civil servants and technical experts, fixed meetings of the Prime Minister and Chief Ministers, routing of Concurrent List Bills and constitutional changes through the Council before Parliament takes them up, and a wider mandate to mediate inter-State resource disputes. Critics of reliance on the ISC point out that its recommendations are only advisory and bind neither the Union nor the States, and that political rivalry between the Centre and States can stall any forum. Supporters reply that bodies such as the GST Council show that structured joint decision-making can work. The Punchhi Commission (2010) had also recommended strengthening the Council.
Prelims facts
- The Inter-State Council is set up under Article 263 by the President; it was constituted by a Presidential Order of 28 May 1990 on the Sarkaria Commission's recommendation.
- The Prime Minister chairs the Council; its Standing Committee is chaired by the Union Home Minister.
- The Council has met 11 times; the 11th and latest meeting was held on 16 July 2016 after a gap of almost ten years.
- The Council was last reconstituted in November 2024 but has not met since 2016.
- The op-ed seeks an independent secretariat, fixed meetings and prior discussion of Concurrent List Bills in the Council.
Quick recall
- Which Article provides for the Inter-State Council?
- Article 263.
- Who sets up the Inter-State Council and defines its duties?
- The President, by order.
- Date of the Presidential Order constituting the Inter-State Council?
- 28 May 1990.
- Who chairs the Inter-State Council?
- The Prime Minister.
- Who chairs the Standing Committee of the Inter-State Council?
- The Union Home Minister.
- When did the Inter-State Council last meet?
- 16 July 2016 (its 11th meeting), after a gap of almost ten years.
- Which commission called the Inter-State Council the 'missing link' in federal balance?
- The Sarkaria Commission on Centre-State relations.
- Which 1977 case called Indian federalism predominantly cooperative?
- State of Rajasthan v. Union of India.
Prelims practice question
With reference to the Inter-State Council, consider the following statements:
1. It is a constitutional body created directly by the Constitution and must meet every year.
2. It was constituted in 1990 by a Presidential Order on the recommendation of the Sarkaria Commission.
3. It is chaired by the Prime Minister.
Which of the statements given above are correct?
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
Show answer
Answer: (b) 2 and 3 only. Statement 1 is wrong: Article 263 only empowers the President to establish a council if the public interest would be served; the Constitution itself does not create it or fix meetings. Statement 2 is correct: the Presidential Order is dated 28 May 1990, following the Sarkaria Commission. Statement 3 is correct: the Prime Minister is the chairman.
Use this in UPSC Mains: previous-year questions
Recurring theme: Cooperative federalism and institutions for Centre-State coordination
- How to use this
Shows a structural drawback: the constitutional forum for Union-State consultation exists on paper but has barely functioned.
- The Inter-State Council under Article 263 has met only 11 times since 1990, the last on 16 July 2016 after almost ten years.
- Its recommendations are advisory and its agenda is set through the Ministry of Home Affairs, limiting States' voice.
- Reforms proposed: independent secretariat, fixed PM-Chief Minister meetings and prior discussion of Concurrent List Bills.
- How to use this
Offers a practical, constitutional measure to build Centre-State trust: make the Inter-State Council meet and give it autonomy.
- The Inter-State Council was reconstituted in November 2024 but has not met since July 2016; regular meetings would restore dialogue.
- Route Concurrent List Bills and constitutional changes affecting States through the Council before Parliament.
- Learn from the GST Council, where joint Union-State decisions are institutionalised.
The Prelims question turns on whether the Inter-State Council rests on a constitutional provision (Article 263), which this story explains.
Mains practice question
The Inter-State Council was meant to be the 'missing link' in India's federal system but has met only rarely. Examine the reasons for its decline and suggest how it can be made an effective instrument of cooperative federalism. (250 words)
Model answer
Article 263 lets the President set up an Inter-State Council (ISC) for coordination between the Union and States. Constituted in 1990 on the Sarkaria Commission's advice, it has met only 11 times, last on 16 July 2016.
Reasons for decline
- Advisory only: recommendations bind neither the Union nor the States.
- Executive control: works as a wing of the Ministry of Home Affairs, which sets its agenda.
- Irregular meetings: procedure calls for at least three meetings a year, yet there was a ten-year gap before 2016 and none since.
- Alternative channels: policy is often made unilaterally or through informal bargaining; NITI Aayog and sectoral councils absorb some functions.
- Political rivalry: Opposition-ruled States see Centre-led forums as one-sided.
Why it matters now
- Delimitation, tax reform, public health and internal security cut across jurisdictions.
- Trust deficits show up in disputes over Governors, central agencies and finances.
Making it effective
- An independent, expert secretariat (as suggested in the op-ed, citing Canada's model).
- Fixed meetings of the Prime Minister and Chief Ministers, as the NCRWC proposed.
- Prior discussion of Concurrent List Bills and constitutional changes affecting States.
- Punchhi Commission (2010): make the ISC a credible forum for intergovernmental relations.
- Learn from the GST Council, where joint decisions are institutionalised.
Conclusion
State of Rajasthan v. Union of India (1977) described Indian federalism as predominantly cooperative; a regular, autonomous ISC would give that idea a working platform.
The basics
Why this matters
Indian federalism depends as much on conversation as on the division of powers. The Constitution offers one formal room for that conversation: the Inter-State Council under Article 263. UPSC asks about it in Prelims (is it constitutional or statutory?) and in Mains (cooperative federalism, Centre-State trust). The op-ed of 29 October 2026 is a reminder that the room has been locked since 2016.
What Article 263 says
Article 263 lets the President establish a council if the public interest would be served by it. The President defines its duties and organisation. The Article lists three possible duties: inquiring into and advising on disputes between States, investigating subjects of common interest, and recommending better coordination of policy and action. So the Constitution permits the Council but does not create it.
- 1Prime MinisterChairman
- 2Chief Ministers of all StatesMembers
- 3Chief Ministers of UTs with legislaturesMembers
- 4Administrators of other UTsMembers
- 5Six Union Cabinet MinistersNominated by the Prime Minister
From missing link to dormant body
The Sarkaria Commission called a standing council the missing link in India's federal balance. A Presidential Order of 28 May 1990 set it up, and it first met on 10 October 1990. A Standing Committee under the Home Minister was added after 1996 for continuous consultation, and a secretariat was set up in 1991.
- 1950Article 263 in the Constitution
- 1988Sarkaria Commission reports, backs a permanent council
- 28 May 1990Presidential Order constitutes the Council
- 10 October 1990First meeting
- 2010Punchhi Commission seeks a stronger Council
- 16 July 201611th and latest meeting, after almost ten years
- November 2024Council reconstituted
Cooperative federalism needs a forum
Cooperative federalism means the Union and States work as partners rather than rivals. The Supreme Court in State of Rajasthan v. Union of India (1977) called Indian federalism predominantly cooperative. The GST Council shows what a working joint forum looks like: it is created by the Constitution, meets regularly and takes decisions by vote. The ISC, by contrast, is advisory and meets only when the Union calls it.
- Article 263 permits it; Presidential Order creates it
- Advisory recommendations only
- 11 meetings since 1990
- Created by Article 279A (101st Amendment, 2016)
- Takes decisions by weighted vote
- Meets regularly on tax rates and rules
The reform agenda
The op-ed wants an independent secretariat, fixed meetings, prior discussion of Concurrent List Bills and a role in inter-State resource disputes. The Punchhi Commission made similar points in 2010. The counter-argument is that no forum can work without political will from both sides.
Go deeper
Why it matters for UPSC
Prelims tests whether the Council is constitutional, statutory or executive, and who chairs it. Mains asks about cooperative federalism and Centre-State trust (2015 and 2024 GS2 questions). This op-ed gives fresh facts and a reform agenda.
The core idea
Article 263 permits, but does not create, a council for coordination. The Sarkaria Commission pushed for a permanent one, and it was constituted in 1990. It was meant to make Cooperative federalism work in practice. Yet it has met just 11 times, the last in July 2016. Meanwhile the GST Council became the one federal forum that meets often and decides things. The Punchhi Commission wanted it strengthened, and this op-ed argues the ISC needs a secretariat of its own, fixed meetings and a say on laws that affect States.
Numbers and dates to remember
- Article 263: President may establish the Council
- 28 May 1990: Presidential Order constitutes it
- 10 October 1990: first meeting
- 16 July 2016: 11th and latest meeting
- November 2024: Council reconstituted
- Procedure: at least three meetings a year
Where to go next
- Sarkaria Commission: the report that gave the Council its life
- Cooperative federalism: the idea the Council is meant to serve
- GST Council: the federal forum that does meet and decide
- Punchhi Commission: the second look at Centre-State relations
Go deeper: Does India need the Inter-State Council at all?
The case for revival. Union laws and schemes increasingly touch subjects that States administer, as the dispute over the 2020 farm laws showed. Delimitation after the next Census will change the balance of seats between States, and Southern States fear losing weight. Without a standing forum, disagreements go to court, to Governors' desks or to the streets. The Sarkaria Commission saw the Council as the missing link; the Punchhi Commission wanted it strengthened. The op-ed adds an independent secretariat and prior discussion of Concurrent List Bills.
The case for scepticism. The Council is advisory, so even a revived body could be ignored. Political rivals at the Centre and in States may treat it as a stage for confrontation, as boycotts of NITI Aayog meetings by some States suggest. Other channels exist: NITI Aayog's Governing Council, Zonal Councils and sectoral bodies.
The middle path. The GST Council shows that a forum with a clear mandate, regular meetings and voting rules can manage deep disagreements. A revived ISC could borrow those features without becoming a decision-maker on every subject.
Exam angle. Use the Council as a concrete example in answers on Cooperative federalism: name Article 263, the 1990 Order, the 2016 meeting and the reform proposals.
Sarkaria Commission
The report that turned Article 263 into a working Council
In one line: The Sarkaria Commission was the Union government's first comprehensive review of Centre-State relations, and its report led to the Inter-State Council.
What it was
The Union government set up the Commission in 1983 under Justice R.S. Sarkaria, a retired Supreme Court judge, to review relations between the Union and the States. It submitted its report in 1988. It examined legislative, administrative and financial relations, the role of Governors and the use of Article 356.
Why it is in the news
The Commission called a permanent Inter-State Council the missing link in India's federal balance and recommended setting one up under Article 263. The Council was constituted by Presidential Order in 1990. The 29 October 2026 op-ed returns to that idea, arguing that the Council has since withered.
Where to go next
Cooperative federalism
The idea the Inter-State Council is supposed to serve
In one line: Cooperative federalism is the idea that the Union and the States share responsibility and work as partners rather than as rival governments.
The concept
India's Constitution divides powers through the Union, State and Concurrent Lists, but many problems, from health to internal security, cross those lines. Cooperative federalism stresses joint institutions, consultation and shared financing. The Supreme Court in State of Rajasthan v. Union of India (1977) described Indian federalism as predominantly cooperative.
Institutions that carry it
The Inter-State Council (Article 263), the GST Council (Article 279A), Zonal Councils under the States Reorganisation Act, 1956, and NITI Aayog's Governing Council are its main vehicles. Critics say much of it is top-down, which is why the op-ed calls for a revived Inter-State Council.
Where to go next
GST Council
The one federal forum that meets often and decides
In one line: The GST Council is a constitutional body under Article 279A, created by the 101st Amendment in 2016, in which the Union and States jointly decide GST matters.
How it works
The Union Finance Minister chairs it; State Finance Ministers are members. Decisions need a three-fourths majority of weighted votes, with the Union holding one-third of the votes and the States together two-thirds. It recommends tax rates, exemptions and rules.
Why it is relevant here
The GST Council is often cited as a model of cooperative federalism because it meets regularly and takes decisions together. Advocates of reviving the Inter-State Council point to it as proof that a structured Union-State forum can manage hard bargaining.
Where to go next
Punchhi Commission
The second big review of Centre-State relations
In one line: The Punchhi Commission, chaired by former Chief Justice M.M. Punchhi, reviewed Centre-State relations and reported in 2010.
What it covered
Its report dealt with legislative, administrative and financial relations, the role of Governors, internal security and inter-State river water disputes. It came two decades after the Sarkaria report, in a period of coalition governments and new economic pressures on States.
On the Inter-State Council
It recommended making the Inter-State Council a stronger forum for intergovernmental relations and suggested strengthening its mandate under Article 263.
Where to go next
Take the 29 October 2026 quiz: 30 Prelims-style questions with answers