Interstate border disputes, if not promptly and impartially settled, can transform into persistent issues that impede development and generate friction. Highlighting the constitutional and legal framework to resolve interstate disputes, explain why Independent India has failed to resolve inter-state border disputes.
Main Body
Recently, NEF Report has mentioned interstate disputes as one of top 10 issues for India. Recent border disputes related to Belgium (Maharashtra vs Karnataka) as demand for inclusion of Chandigarh to Punjab as potential issue of boundary dispute are examples of persistent issues. Constitutional Framework: 1. Article 3 provides the Union Government to readjust boundaries 2. Independent Supreme Court has original jurisdiction for state-state disputes (except water disputes) 3. Parliament to create law for inter-state water disputes 4. Deadlue across Assam-Mizoram border last year showed extreme cases Legal Framework: 1. 1956 legislation for linguistic creation of states 2. Set up of committees like Mahajan Committee (for Belgium issue) 3. River Board Authority Act and Dispute Act for creation of tribunals 4. Zonal councils that challenges: Challenges: 1. Political: Misuse for vote-bank politics, farming regularization and corps soil policy 2. Historical: Artificial boundaries created by Britishers, divide and rule British policy 3. Limitations of Supreme Court to deal with technical matters 4. Lack of cooperative federalism
6. Article 263 provides the inter-state council to protect states (role of NHA) Legal framework 1. Challenges of fiscal federalism and demand of grants be raised here 2. Governance appointment can to dare with bi-partisan consensus 3. Pending state laws (bill be approved (eg: NEET bill in TN)) Horizontal coordination: 6. State-state disputes including boundary 2 mixed dispute be addressed with mediation of states 6. Asymmetric federalism concerns be addressed 6. Regionalism can be prevented with common mobility regime (facilitate migrant movement eg: Bihar migrant in J Tamil Nadu) Article 263 should be made a permanent body with permanent Secretariat independent
Conclusion
These changes will ensure better effectiveness of PAC and make important reform towards making accountability paramount role of parliament
19 words
Shoham Teberiwal
Federal Structure - Functions, Responsibilities, Devolution of Powers and Finances
Federal Structure Challenges
Interstate Border Disputes
285
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analytical
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