What is Article 263 of Indian constitution

www.hinsoli.com July 06, 2025

Article 263 of the Indian Constitution

Title: Provisions with respect to an inter-State Council
Part XI – Relations Between the Union and the States
Chapter II – Administrative Relations

🔍 Text Summary of Article 263:

Article 263 empowers the President of India to establish an Inter-State Council to improve coordination between States and the Centre and to resolve inter-State disputes through discussion.

🧠 Key Points of Article 263:

🔢 Provision	📘 Description
Who can create it?	The President of India, if it seems necessary in the public interest
Nature	It is an advisory body, not judicial or legislative
Purpose	To promote cooperation and coordination between States and the Union
Functions (suggested):
1️⃣	Inquire and advise on inter-State disputes
2️⃣	Discuss policies affecting more than one State or the Union
3️⃣	Recommend improvements to inter-governmental coordination

🏛️ Inter-State Council (ISC):

📅 Established	🗓️ 1990 (based on Sarkaria Commission recommendation)
🧑‍⚖️ Constitutional Basis	Article 263
👥 Chairman	Prime Minister of India
👥 Members	Union Ministers + All Chief Ministers + Administrators of UTs

🧪 Example Situations for ISC Use:

🧾 Issue	⚖️ Role of ISC
River water disputes between States	Facilitate dialogue and prevent escalation
Implementation of national policies (like GST or NEP)	Encourage uniform adoption and resolve concerns
Law and order issues in border areas	Coordinate between affected States and Centre

🔁 Related Articles & Bodies:

📘 Related Article / Commission	📌 Relevance
Article 262	Settlement of inter-State river disputes
Sarkaria Commission (1983–1988)	Recommended the activation of Inter-State Council
Punchhi Commission (2010)	Suggested strengthening the ISC’s role

🧠 In Simple Words:

Article 263 allows the President to create a forum (Inter-State Council) where States and the Centre can talk, cooperate, and resolve disputes — like a roundtable for better federal harmony.

Here's a 📊 Comparison Chart of Article 262 vs Article 263 — both deal with inter-State issues, but with different approaches:

⚖️ Chart: Article 262 vs Article 263 of the Indian Constitution

🔢 Aspect	🟫 Article 262	🟦 Article 263
📘 Title	Adjudication of disputes relating to inter-State rivers	Provisions with respect to an Inter-State Council
🧑‍⚖️ Focus	Judicial/Legal settlement of river water disputes	Coordination, discussion, and advisory role between Union and States
🏛️ Authority Involved	Parliament frames law to resolve disputes	President of India can establish Inter-State Council
⚖️ Nature	Binding decisions through tribunal	Advisory body, not binding
🚫 Court Jurisdiction	Parliament can bar the Supreme Court and High Courts from interfering	Courts not barred; ISC is not judicial
📄 Example Law / Body	Inter-State River Water Disputes Act, 1956	Inter-State Council (formed in 1990)
👥 Participants	Concerned States & Tribunal	Prime Minister, CMs, Union Ministers, UT Administrators
🔁 Outcome	Legal resolution of specific water disputes	Suggestions & discussions for general Centre-State or State-State issues
🧠 Purpose	Prevent and settle conflicts over water sharing	Enhance cooperation & policy coordination
📍 Area of Use	River/river valley water conflicts only	Any inter-State or Union-State matter