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How are disputes among states resolved?

How are disputes among states resolved?

  • Recently, both Houses of Maharashtra Assembly passed a unanimous resolution to support a legal battle to resolve the border dispute.
  • This came just days after the Karnataka Assembly passed a resolution reiterating Karnataka’s position on the issue.

Maharashtra-Karnataka border dispute

  • Border dispute over Belagavi, Karwar & Nipani in North Karnataka: When state boundaries were redrawn on linguistic lines as per States Reorganisation Act of 1956, Belagavi became part of the erstwhile Mysore state.
  • Maharashtra’s claims: parts of Belagavi, where Marathi is the dominant language, should remain in Maharashtra.
  • Establishment of Mahajan Commission in 1966: to resolve the border dispute in Maharashtra, Karnataka and Kerala.
  • Recommendations: Belgaum and 247 villages remain with Karnataka. Maharashtra rejected the report, and in 2004, moved the Supreme Court.

Other methods to resolve inter-state disputes

Judicial redressal

  • The Supreme Court in its original jurisdiction decides imputes between states.
  • Article 131: “Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute
  • between the Government of India and one or more States; or
  • between the Government of India and any State or States on one side and one or more other States on the other; or
  • between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends.

Inter-state Council

  • Article 263: gives powers to the President to set up an Inter-state Council for resolution of disputes between states.
  • A forum for discussion between the states and the Centre.
  • Provision: “If any time it appears to the President that the public interests would be served by the establishment of a Council charged with the duty of
  • inquiring into and advising upon disputes which may have arisen between States;
  • investigating and discussing subjects in which some or all of the States, or the Union and one or more of the States, have a common interest; or
  • it shall be lawful for the President by order to establish such a Council, and to define the nature of the duties to be performed by it and its organisation and procedure.

Some other inter-state disputes in India

  • Assam-Meghalaya; Assam-Nagaland; Assam-Mizoram; Assam-Arunachal Pradesh and Maharashtra- Karnataka.

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