SYLLABUS
GS-2: Statutory, Regulatory and various Quasi-judicial Bodies.
Context: President Droupadi Murmu has amended the Inter-State Council Order, 1990, to provide for the participation of Governors and Lieutenant Governors in Council meetings when specified constitutional or statutory provisions relating to President’s Rule are in force.
More on the news
- The Inter-State Council (Amendment) Order, 2026 was notified by the Ministry of Home Affairs under Article 263 of the Constitution, came into force immediately, and was published in the Gazette of India.
- The amendment replaces the existing proviso to Clause 2 of the Inter-State Council Order, 1990 with a four-part provision specifying when the concerned Governor or Lieutenant Governor shall be invited to Council meetings.
Key Features of the Amendment
- State under Article 356: The Governor of a State shall be invited when a proclamation issued by the President under Article 356 is in force in that State.
- National Capital Territory of Delhi: The Lieutenant Governor of Delhi shall be invited when an order issued by the President under Article 239AB is in force.
- Puducherry: The Lieutenant Governor of Puducherry shall be invited when an order issued by the President under Section 51 of the Government of Union Territories Act, 1963 is in force.
- Jammu and Kashmir: The Lieutenant Governor of Jammu and Kashmir shall be invited when an order issued by the President under Section 73 of the Jammu and Kashmir Reorganisation Act, 2019 is in force.
- Thus, the amendment retains the provision relating to States under Article 356 and adds specific provisions for Delhi, Puducherry and Jammu and Kashmir, updating the 1990 framework to their present constitutional and statutory arrangements.
Significance of the Amendment
- Updates the 1990 framework: The amendment updates the Inter-State Council Order to reflect the present constitutional and administrative structure of the Union Territories.
- Covers post-2019 Jammu and Kashmir: It replaces the earlier reference to the erstwhile constitutional arrangement of Jammu and Kashmir with the applicable provision under the Jammu and Kashmir Reorganisation Act, 2019.
- Covers Union Territories with legislatures: It specifically provides for participation of the Lieutenant Governors of Delhi, Puducherry and Jammu and Kashmir when the specified constitutional or statutory provisions are in force.
- Provides a specific participation mechanism: The amendment establishes a clear mechanism for the participation of Governors and concerned Lieutenant Governors in Inter-State Council meetings during periods when the listed provisions governing central administration are in force.
About the Inter-State Council
- The Inter-State Council was established under Article 263 through a Presidential Order dated May 28, 1990, following the recommendation of the Sarkaria Commission on Centre-State Relations.
- Functions under Article 263: Article 263 enables the President to establish a Council for inquiring into and advising upon disputes between States, discussing matters of common interest between the Union and States or among States, and making recommendations for better coordination of policy and action.
- Composition: The Council consists of the Prime Minister as Chairman, Chief Ministers of all States, Chief Ministers of Union Territories having Legislative Assemblies, Administrators of Union Territories without Legislative Assemblies, and six Union Ministers of Cabinet rank nominated by the Prime Minister.
- The original 1990 Order was amended on July 19, 1990, to provide for the Governor of a State under President’s Rule to attend Council meetings, and on December 24, 1996, to provide for nomination of permanent invitees from among other Union Ministers by the Chairman.