Q. With reference to India, consider the following:
- The Inter-State Council
- The National Security Council
- Zonal Councils
How many of the above were established as per the provisions of the Constitution of India?
- Only one
- Only two
- All three
- None
Answer: (a) Only one
Notes:
- Inter-State Council (Constitutional Body)
- Established under Article 263 of the Indian Constitution.
- It is a constitutional body for coordination between states and the centre.
- National Security Council (Non-constitutional)
- Not mentioned in the Constitution.
- Established by the Cabinet Secretariat in 1998 under the government of Atal Bihari Vajpayee.
- It’s an executive body and part of India’s security management structure.
- Zonal Councils (Statutory Body)
- Established under the States Reorganisation Act, 1956, not the Constitution.
- These are statutory bodies aimed at fostering cooperation among states in each zone.
Inter-State Council
- Establishment: The ISC was constituted to facilitate Centre-State and Inter-State cooperation in India.
- It was established under Article 263 of the Constitution, which empowers the President of India to establish an ISC for better coordination between States.
- The Sarkaria Commission (1988) recommended making the ISC a permanent body, leading to its formal establishment in 1990 through a Presidential Order.
- Functions of the ISC: It discusses subjects of common interest to states and the Union and makes recommendations for the coordination of policies and actions.
- The ISC also investigates issues affecting Centre-State and Inter-State relations to ensure seamless governance.
- Composition of the Council: The PM serves as the Chairperson. Members include Chief Ministers(CMs) of all States, CMs of Union Territories having a Legislative Assembly and Administrators of UTs not having a Legislative Assembly, and 6 Union Ministers of Cabinet rank, nominated by the Prime Minister, are also part of the ISC.
- The Presidential Order of 1990 has been amended twice, first in 1990 and then in 1996, to allow the Governor of a State under President’s rule to attend the meeting of the ISC and for the Chairman to nominate permanent invitees from amongst the other Union Ministers, respectively.
- In the second meeting of the ISC held in 1996, the Council decided to set up a Standing Committee for continuous consultation and processing of matters for consideration of the Council.
- Accordingly, a Standing Committee was set up under the Chairmanship of the Home Minister and has been reconstituted from time to time with the approval of the Chairman of the Council.
- Secretariat: The Inter-State Council Secretariat(ISCS) in New Delhi was established in 1991 and is headed by a Secretary to the Government of India.
- The secretarial functions of the Zonal Councils have been transferred to the ISCS since 2011.
- Benefits: Policies developed through ISC deliberation would hold greater social legitimacy, enhancing acceptance among states and reducing friction.
- The ISC maintains the balance of power between the Union and states, preventing dominance by either side. It ensures that Union decisions align with the constitutional framework and federal principles, especially during reforms like Goods and Services Tax (GST) or demonetization that may strain Union-state relations.
Zonal Councils
- Zonal Councils are the statutory (and not the constitutional) bodies.
- They are established by an Act of the Parliament, that is, States Reorganisation Act of 1956.
- The act divided the country into five zones- Northern, Central, Eastern, Western and Southern and provided a zonal council for each zone.
- While forming these zones, several factors have been taken into account which include:
- The natural divisions of the country.
- The river systems and means of communication.
- The cultural and linguistic affinity.
- The requirements of economic development, security and law and order.
- In addition to the above mentioned Zonal Councils, a North-Eastern Council was created by a separate Act of Parliament, the North-Eastern Council Act of 1971.
- Its members include Assam, Manipur, Mizoram, Arunachal Pradesh, Nagaland, Meghalaya, Tripura and Sikkim.
- These are advisory bodies that make recommendations with regard to any matter of common interest in the field of economic and social planning between the Centre and States border disputes, linguistic minorities, inter-State transport or matters connected with the reorganisation of States.
- Composition:
- The Northern Zonal Council: It comprises the States of Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, National Capital Territory of Delhi and Union Territory of Chandigarh,
- The Central Zonal Council: It comprises the States of Chhattisgarh, Uttarakhand, Uttar Pradesh and Madhya Pradesh,
- The Eastern Zonal Council: It comprises the States of Bihar, Jharkhand, Orissa, Sikkim and West Bengal,
- The Western Zonal Council: It comprises the States of Goa, Gujarat, Maharashtra and the Union Territories of Daman & Diu and Dadra & Nagar Haveli,
- The Southern Zonal Council: It comprises the States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union Territory of Puducherry.
- Organizational Structure:
- Chairman: The Union Home Minister is the Chairman of each of these Councils.
- Vice Chairman: The Chief Ministers of the States included in each zone act as Vice-Chairman of the Zonal Council for that zone by rotation, each holding office for a period of one year at a time.
- Members: Chief Minister and two other Ministers as nominated by the Governor from each of the States and two members from Union Territories included in the zone.
- Advisers: One person nominated by the Planning Commission (now NITI Aayog) for each of the Zonal Councils, Chief Secretaries and another officer/Development Commissioner nominated by each of the States included in the Zone.
- Objectives:
- Bringing out national integration.
- Arresting the growth of acute State consciousness, regionalism, linguism and particularistic tendencies.
- Enabling the Centre and the States to co-operate and exchange ideas and experiences.
- Establishing a climate of co-operation amongst the States for successful and speedy execution of development projects.
- Functions of the Councils:
- Any matter of common interest in the field of economic and social planning,
- Any matter concerning border disputes, linguistic minorities or inter-State transport,
- Any matter connected with or arising out of, the reorganization of the States under the States Reorganisation Act.
National Security Council
- Establishment: The NSC was established in 1998 by the government of then Prime Minister Atal Bihari Vajpayee following nuclear tests by India and Pakistan. It is the apex body for national security management in India.
- Prior to the formation of the NSC, the functions related to national security were carried out by the Principal Secretary to the Prime Minister.
- It operates under a three-tier structure i.e. Strategic Policy Group (SPG), National Security Advisory Board (NSAB) and National Security Council Secretariat (NSCS).
- Three-tier Structure of NSC:
- Strategic Policy Group (SPG): The SPG is chaired by the Cabinet Secretary, consisting of serving senior officials responsible for policy-making and for follow up action in matters concerning national security.
- It includes the Chiefs of the Armed Forces, the Intelligence Bureau and the Research and Analysis Wing (R&AW). Its main task is to make policy recommendations to the NSC.
- National Security Advisory Board (NSAB): It includes senior retired officials, academics, and experts from civil society.
- It provides long-term analysis and policy recommendations on national security issues to the NSC, covering areas like Internal and External Security, Foreign Affairs, Defence, Science & Technology, and Economic Affairs.
- National Security Council Secretariat (NSCS): It is overseen by the Prime Minister, operates with NSA as its secretary, and serves as the apex body for all matters concerning internal and external security.
- Strategic Policy Group (SPG): The SPG is chaired by the Cabinet Secretary, consisting of serving senior officials responsible for policy-making and for follow up action in matters concerning national security.
- Heads: The NSC is headed by the Prime Minister of India. The NSA acts as the secretary of the NSC and also as the primary advisor to the prime minister. The headquarters of the NSC is located in New Delhi.
- Ajit Doval is the current NSA, serving a third term. He is the longest-serving NSA in India’s history, with a tenure of over 10 years. Brajesh Mishra served as the country’s first NSA.
- The Appointments Committee of the Cabinet (ACC) in India appoints top government positions. It is chaired by the Prime Minister and the Minister of Home Affairs.
- The committee processes proposals for senior government appointments and makes decisions on positions such as the National Security Advisor.
- NSC Members: Besides the NSA, it includes Deputy NSA and additional NSA, Ministers of Defence, External Affairs, Home Affairs, and Finance of the Government of India, and the Vice Chairman of the NITI Aayog (National Institution for Transforming India). Additional officials may be invited to monthly meetings as needed.
