Question 1 · 10 marks · 260 words written
Opening
Indian federalism is based on the principle of [cooperative federalism], and it is constitutional duty of Union and States to resolve differences amicably.
Body · points and prose
Constitutional and legal framework for Interstate disputes
(I) Constitutional:
- Article 3 : Power to Union govt to [amend boundaries]
- Article 263 : [Inter State Council] ↓ Platform for cordial relationships, to resolve issues.
- [Article 131] : SC's original jurisdiction over centre - state disputes.
- Article 262 : River disputes - outside jurisdiction of SC, etc.
(II) Legal:
- Zonal Councils Act 1956, etc
- Interstate River Disputes Act, River Boards Act, etc
However, these frameworks have not been successful with border disputes as :
- Infrequent meeting / laziness of
Inter State Council Zonal Councils
- Policy legacy / Historical reasons → Linguistic reorganization was "easier said than done"! → has led to lingering issues such as
Belagavi (MH + KN border) etc.
→ lack of clarity over demarcation of area in North East
(Eg.) extent of Lushai Hills district ↓ Mizoram - Assam border dispute
- Shifting cultivation, nomadic tribes ↓ demand for new areas
(Eg.) Nagalim, Kukiland demands
- High public emotion involved ↓ difficult to resolve amicably
(Eg.) water disputes (Kaveri: KN - TN)
- Lack of political will:
Close
political parties putting undue focus on unresolved borders
(Eg.) Belagavi / Belgaon
However, if coordination is there, issues can be resolved: as evident from resolution of Jharkhand - WB (2016) border dispute in Zonal Council and Inter State Council