Competitive Exams: Political Science Study Material Eighth Meeting of Inter-State Council

Eighth Meeting of Inter-State Council

  • The Eighth meeting of the Inter-State Council was held on 27 − 28 August 2003 in Srinagar.

  • It was for the first time that a meeting of the Inter-State Council was held outside Delhi since its inception in May, 1990.

  • The recommendation of Sarkaria Commission for adoption of cautious approach in respect of power of the Union to give directions to the States under Articles 256 and 257 of the Constitution and application of sanctions under Article 365 in the event of non-compliance of such directions was discussed.

  • One view expressed was that since Article 356 already existed, Article 365 in its present form seemed redundant.

  • The Council, however, took note of the fact that till date, Union Government has never issued directions under Articles 256 and 257 and no proclamation under Article 356 has been issued based on Article 365.

  • The Council observed that the remedy provided in Article 365 is less harsh than that in Article 356. Retention of Article 365 is necessary as it acts as a screen to prevent any hasty resort to drastic action under Article 356. It was decided to retain Article 365 and to accept Commission's recommendation for a cautious approach before its application.

  • Regarding ‘Emergency Provisions’ the Council observed that the safeguards contained in the Bommai Judgement, which has already become part of the law of the land, are adequate to prevent misuse of Article 356. It was decided that the Union Government could consider incorporating suitably the essential features of the Bommai judgement in the Constitution.

  • The Council took note of the Action Taken Report on the recommendations of Sarkaria Commission submitted by the Secretariat.

  • Out of total 247 recommendations of Sarkaria Commission, the Council has so far taken decision in respect of 230 of which 170 have been implemented, 7 are at various stages of implementation and 53 have not been found acceptable. The balance 17 recommendations were deliberated upon in this meeting.

  • It was, therefore, decided that the work relating to Sarkaria Commission should be wrapped up and that the forum of Inter-State Council should be hereafter utilized for sorting out important issues of co-operative federalism and socio-economic concerns.