President Murmu amends Inter-State Council Order: Key Facts, Background, Composition, Legal Provisions, Zonal Councils and Significance

Why in news?

President Droupadi Murmu has issued the Inter-State Council (Amendment) Order, 2026, modifying the Inter-State Council Order, 1990.

Key Facts 

What has changed under the 2026 Amendment?

• The amendment replaces the existing proviso to Clause 2 of the Inter-State Council Order, 1990, with four separate provisions.
• States (Article 356)
• Delhi (Article 239AB)
• Puducherry (Section 51, Government of Union Territories Act, 1963)
• Jammu & Kashmir (Section 73, Jammu and Kashmir Reorganisation Act, 2019)

What is the Inter-State Council?

• A constitutional mechanism established to facilitate coordination between the Union and States and among States.
• It provides a forum where governments can discuss matters of common interest, consider issues affecting Centre-State relations and develop cooperative approaches to governance.
• Article 263 empowers the President to establish an Inter-State Council when it appears that doing so would serve the public interest. The Constitution provides for three broad functions:
• Inquiring into and advising upon disputes that may have arisen between States.
• Investigating and discussing subjects of common interest to some or all States, or to the Union and one or more States.
• Making recommendations for better coordination of policy and action concerning such subjects.
• The Council is primarily an advisory and deliberative institution. It does not function as a court, and its recommendations are not automatically legally binding.

Background

• The Sarkaria Commission, established in 1983 to examine Centre-State relations, recommended the creation of a permanent Inter-State Council.
• Acting on this recommendation, the Inter-State Council was established through a Presidential Order dated 28 May 1990.
• The original order was subsequently amended in July 1990 and December 1996, before the latest amendment in September 2026. 

Composition of the Inter-State Council

Understanding President's Rule and the Four Legal Provisions

Why Was the Inter-State Council Order Amended?

• Continuity of representation: It establishes a mechanism for the relevant territory to be represented at Council meetings during the specified periods of central administration.
• Administrative coordination: Governors and LGs can participate in discussions involving matters such as intergovernmental cooperation, infrastructure and administrative issues.
• Legal clarity: The order identifies the exact constitutional or statutory provisions that trigger the attendance arrangement.
• Alignment with constitutional changes: It updates the Council's rules to reflect the post-2019 administrative status of Jammu and Kashmir.

Inter-State Council and Cooperative Federalism

• Inter-State water management and infrastructure development.
• Internal security and disaster management.
• Public health and disease surveillance.
• Education and social welfare programmes.
• Economic planning and implementation of national policies.

Inter-State Council vs Zonal Councils

Significance of the Amendment

• Institutional continuity: It provides a specified attendance mechanism during periods when the ordinary elected executive is not functioning under the normal constitutional or statutory arrangement.
• Cooperative federalism: It maintains a channel for participation in intergovernmental discussions during the specified circumstances.
• Constitutional and statutory clarity: By separately referring to Article 356, Article 239AB, Section 51 and Section 73, the order recognises the distinct legal frameworks governing the territories concerned.

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