Dispute resolution between states in India
Dec. 29, 2022

Why in news?

  • The border dispute between Maharashtra and Karnataka is intensifying, with both states hardening their stance.
  • Recently, both Houses of the Maharashtra Assembly passed a unanimous resolution to support a legal battle to resolve the dispute.

What’s in today’s article:

  • Maharashtra-Karnataka border dispute
  • News Summary

Maharashtra-Karnataka border dispute

Historical Background:

  • The Maharashtra and Karnataka boundary dispute has its origins in the reorganisation of states along linguistic lines via the State Reorganisation Act, 1956.
    • This Act, which took effect from 1 November, 1956, divided states on linguistic lines.
  • Since its creation on May 1, 1960, Maharashtra has claimed that 865 villages, including Belagavi (then Belgaum), Carvar and Nipani, should be merged into Maharashtra.
    • Maharashtra claims that these are the regions where Marathi is the dominant language, should remain in Maharashtra.
  • Karnataka, however, has refused to part with its territory.

Mahajan Commission:

  • In October, 1966, the Centre constituted the Mahajan Commission headed by the then Supreme Court Chief Justice Meher Chand Mahajan, at the insistence of Maharashtra.
  • Commission’s recommendations –
    • While rejecting Maharashtra’s claim over Belagavi (then Belgaum), the commission recommended 247 villages/places, including Jatt, Akkalkote and Solapur, to be made part of Karnataka.
    • It also declared 264 villages /places, including Nippani, Khanapur and Nandagad, to be made part of Maharashtra.
  • However, the commission’s report was outrightly rejected by Maharashtra, and in 2004, it moved the Supreme Court.

News Summary:

How are disputes between states resolved in India?

  • Centre as a neutral mediator
    • Attempts are often made to resolve inter-state disputes with the cooperation of both sides, with the Centre working as a facilitator or a neutral mediator.
    • For example, in current case between Maharashtra and Karnataka, Union Home Minister met both the Chief Ministers and asked them to form a six-member team to address all boundary issues.
    • If issues are resolved amicably, Parliament can bring a law to alter state boundaries.
      • Eg., Bihar-Uttar Pradesh (Alteration of Boundaries) Act of 1968 and the Haryana-Uttar Pradesh (Alteration of Boundaries) Act of 1979 was brought in similar fashion.
  • Judicial redressal
    • The Supreme Court in its original jurisdiction decides disputes between states.
      • Article 131 of the Constitution allows SC to 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.
  • Inter-state Council
    • Article 263 of the Constitution gives powers to the President to set up an Inter-state Council for resolution of disputes between states.
    • The Council is envisaged as a forum for discussion between the states and the Centre.
    • In 1988, the Sarkaria Commission suggested that the Council should exist as a permanent body, and in 1990 it came into existence through a Presidential Order.
    • In 2021, the Centre reconstituted the Inter-state Council and the body now has 10 Union Ministers as permanent invitees.
      • The standing committee of the Council has been reconstituted with Home Minister as Chairman.