Research Paper For Fourth Semester CONSTITUTIONAL LAW - II

The Constitution of Zonal Councils:

Their Significance in the Indian Federal System

Udit Sood Student ID. 206104

Contents

CONTENTS
A. i) ii) iii) Introduction Background Nature and Scope Research Questions ... 2

B. i)

Chapters: The History and Constitution of Zonal Councils in India... 5

ii)

Objectives of Zonal Councils and Contribution to Indias Federal Structure.......... 8

iii)

Contribution in Todays Political Scenario And Proposals for the Future... 12

C.

Bibliography ... 14

Introduction

INTRODUCTION
Background
Federalism presents a complex division of power between the centre and the units of the federation. In the case of a federation, the individuals have a loyalty to the states and to the centre1. India is a federation that comprises of a vast number of diversities. The originality of federalism lies in that at the same time power is concentrated in the centre as well as divided among the units of the federation. The friction that exists among these units and between them and the states is the most often quoted drawback of federalism2. Zonal Councils are a tool to arrest the growth of such friction. The States Re-organisation Act of 1956 To understand the significance of Zonal Councils in Indias federal setup, it is essential to study the context in which they were established. They were introduced for the first time by the States Re-organisation Act of 1956, which was the first major step toward changing the boundaries of the states. The states were primarily divided on linguistic considerations though the statement of objects and reasons states that factors like economic and financial were also considered. This was the first situation where the articulation of sub national identities was given official recognition, by allowing a reorganisation of states on the basis of the claims. It was suggested that the recognition of states on the basis of language would lead to tremendous centrifugal forces which would tear apart the nation but, however, this has not happened. Justice V.R. Krishna Iyer has put in succinctly that: The masses are alien as long as their language is not the authentic voce of governanceand democracy is defeated if there be a linguistic group between the ruler and the ruled 3 However, there still existed great passion and uproar during the entire period in the country, to the extent that the very unity of the country was imperiled. As a result,
1

I.D. Duchacek, Comparative Federalism, (New York: Holt, Rinehart and Winston, Inc., 1970) at p. 22; G. Palanithurai, Ethnic Identity and National Loyalty of an Ethnic Group in India, Indian Journal of Political Science, Vol. 51, No.1, Jan Mar,1990, p. 84 2 K.C. Wheare, Federal Government, (Oxford: Oxford University Press, 1963, 4th edn 3 V.R. Krishna Iyer, A Constitutional Miscellany, (Lucknow: Eastern Book Company, 2003) at p. 129

Introduction

Zonal Councils were established as instruments of intergovernmental cooperation and consultation, primarily in the socio-economic fields, and also for the pacification of the growing unrest and particularistic tendencies among the newly established states.4 Constitution of the Zonal Councils As of today, there exist 5 zonal councils. They comprise of the following states (and Union Territories): 1. Northern Punjab, Haryana, Himachal Pradesh, Rajasthan, Jammu and Kashmir, Delhi and Chandigarh; 2. Eastern Bihar, West Bengal, Orissa and Sikkim; 3. Western Gujarat, Maharashtra, Goa, Daman and Diu, Dadra and Nagar Haveli; 4. Central Uttar Pradesh and Madhya Pradesh; 5. Southern Andhra Pradesh, Tamil Nadu, Karnataka, Kerala and Pondicherry. Zonal Councils have a very simple composition a Union Minister (nominated by the Central Government) and 3 ministers in the case of a member state (the chief minister and 2 other ministers nominated by that States Government) and 2 members in the case of a member union territory (both nominated by the Central Government) All states enjoy equality of status as members of a Zonal Council. Provisions such as equality of representation, annual rotation of the post of Vice-Chairman of the Council among the Chief Ministers of all the states, rotation of the venue of the councils meetings among all member states, and so on ensure this equality. Powers and Functioning The States Reorganisation Act, 1956 confers numerous rule-making powers on Zonal Councils. For instance, they can lay down rules regarding procedure, with the Central Governments approval, and conduct business transactions at their meetings. Their primary function, however, is advisory in nature they may advise the Centre or
4

M.P. Jain, Indian Constitutional Law;

Introduction member-States as to action to be taken on matters of common interest to member States. They may discuss matters regarding: 1. social and economic planning; 2. water disputes, linguistic minorities or inter-State transport; 3. The reorganisation of the states under the States Reorganisation Act. Voting at Council meetings is held per member, and not per state. In other words, each member has one vote, rather than each member-state having one vote. As a

result, representatives from the same state are allowed to vote differently on an issue.

Nature and Scope

The above discussion broadly outlines the scope of this research paper. The paper shall deal with three aspects vis--vis Zonal Councils firstly, their history and constitution, i.e. the context in which the Councils were introduced, the social setting which led the legislature to believe that Zonal Councils were required, and the constitution of these councils; secondly, the objectives behind the Councils and the extent of their success, i.e. their achievements in promoting interstate understanding; and finally, and most importantly, their contribution in todays political scenario, and future prospects, i.e. the reason why their significance has dwindled over time, and proposals for exploiting their full potential, and using them as powerful tools in promoting national unity.

Research Questions
The following are the questions that the research will seek to address: 1. What was the social scenario in which the introduction of Zonal Councils took place?

2.

To what extent did Zonal Councils fulfill the purpose for which they were instituted?

Introduction

3.

How can Zonal Councils be made most of in todays political scenario?

Chapter 1: The History and Constitution of Zonal Councils in India

CHAPTER 1

THE HISTORY AND CONSTITUTION OF ZONAL COUNCILS IN INDIA

POINTS OF FOCUS: This chapter seeks to highlight the context in which the idea of constituting Zonal Councils was propounded. Only if the political scenario prevailing at the time is described, will the objectives of setting up the Councils be understood. The chapter discusses the following: History of the Reorganization of Indian States Reaction to the Report of the States Reorganization Committee

History of the Reorganization of Indian States

The reorganization of the states of India assumed a new colour in 1953 when Prime Minister Nehru announced that his government would appoint a three-man commission to "investigate the conditions of the problem, the historical background, the existing situation and the bearing of all important and relevant factors thereon."5 The passionate advocacy of the formation of states on the basis of language by several leaders of major political parties lead to the constitution of the States Reorganization Commission. This pressure to divide states on linguistic basis was not new. Even during the British rule the Congress Party had recommended the same. The British, during their rule, had organized the 'provinces' with a dual purpose: "to uphold the direct authority of the supreme power in areas of vital economic and strategic importance and to fill the political vaccuum arising from the destruction or collapse of formal principalities.

Arora, Satish Kumar, 1956, The Reorganization of Indian States;

Chapter 1: The History and Constitution of Zonal Councils in India

Of these two, the first was obviously the primary objective... This process inevitably led to the formation of units with no natural affinity"6. Even following independence, among the first steps taken by the Government under Nehru was the establishment of a Linguistic Provinces Commission, more popular as the Dar Commission, in November 1947. However, the Commission was strongly against the reorganization of states on a linguistic basis, and even presented a Report to the Constituent Assembly in December 1948, expressing the same7. It warned that "the formation of provinces on exclusively or even mainly linguistic considerations is not in the larger interests of the Indian nation and should not be taken in hand." Despite this all major political parties, including the Congress, had shown their support for creating linguistic states. There were, however, some leaders who voiced their opinion against the same. C. Rajagopalachari, the elder statesman, called the conception a 'tribal idea', K. M. Munsih, the Governor of Uttar Pradesh, said that this proposal to redivide the country along linguistic lines was "fraught with danger" and that "if I had my way, I would maintain the existing political structure till the fear of international war disappears..." Initially even Prime Minister Nehru had said in the Parliament that it was an "extraordinarily unwise thing to unsettle and uproot the whole of India for a theoretical approach on a linguistic division."8

Reaction to the Report

The Report of the States Reorganization Commission received mixed reactions by the country. The Commission surely recieved adequate praise, and their efforts were definitely appreciated, however, there was bitter criticism from sectional interests. The primary objection to the Report that people voiced was from areas where the linguistic problem was at its worst. For instance, in West Bengal, the Hindustan Standard observed that the areas allotted for incorporation into West Bengal amounted to "niggardly doles" and that "the result has been gross injustice to the State which will not unreasonably feel sore over the cavalier treatment meted out to it." Lokasatta, the Marathi language daily, stated "If the vastness of the provinces of
6 7

Report of the States Reorganization Commission, p. 1; Ibid; 8 Goodall, Merrill R., 1957, Planning in India: Research and Administration;

Chapter 1: The History and Constitution of Zonal Councils in India

U.P. and Madhya Pradesh is tolerated, what particular calamity is going to befall if Marath-speaking districts are united? There is no consistency in this." Even an English daily in Orissa complained that Orissa had been treated "in a manner which most unfair to the people of this state."9 Disregarding the discontent, a communiqu of the Indian Government released in New Delhi on January 16th, 1956 stated: "The aim and motive behind the reorganization is the formation of units which may lead to greater administrative convenience, facilitating implementation of the national development plans and promoting the well-being of the people of the country as a whole." The communiqu also included the resolution of the Government of India to constitute, simultaneous to the creation of the new states, Zonal Councils to deal with matters of common concern to the states forming the Zonal Councils. The Councils, five in all, "will be deliberative and advisory bodies; their creation will not, therefore, in any way detract from the content of the legislative and executive authority of the States."10 Later the same year, on August 31st 1956, the States Reorganization Act was passed. Section 15 of this act established the 5 zonal councils - one each for the northern, eastern, southern, western and central zones. Therefore, it is evident that the Councils were established at a time of great controversy, and thus, great expectations and responsibility lay on them.

9
10

Duchacek, Ivo D., 1975, External and Internal Challenges to the Federal Bargain; Supra at note 5;

Chapter 2: Objectives of Zonal Councils and Contribution to Indias Federal Structure

10

CHAPTER 2

OBJECTIVES OF ZONAL COUNCILS AND THEIR CONTRIBUTION TO INDIAS FEDERAL STRUCTURE

POINTS OF FOCUS: The chapter discusses the structure and the functioning of the five Zonal Councils. It deals with the following: Organizational Structure of the Zonal Councils Role of the Zonal Councils Functions of the Councils

As discussed earlier, the idea of setting up Zonal Councils was first propounded by the first Prime Minister of India, Nehru, in 1956, during the debate on the Report of the States Reorganization Commission. He recommended that the States proposed to be created should be grouped into four or five zones, each with an Advisory Council to develop the habit of cooperative working among these states11. This was at a time of extreme linguistic hostilities and bitterness which were threatening the very fabric of our nation. To curb the growth of these, it was suggested that a high level advisory forum be constituted which would promote healthy inter-State and CentreState relations. This, along with fostering balanced socio-economic development of the respective zones was the primary objective of the Zonal Councils.

Organizational Structure of the Zonal Councils

The Zonal Council for each zone consists of the following members: (a) the Chief Minister of each of the States included in the zone and two other Ministers of each such State nominated by the Governor;

11

Ministry of Home Affairs, Government of India, 2007, Zonal Councils;

Chapter 2: Objectives of Zonal Councils and Contribution to Indias Federal Structure

11

(b) where any Union Territory is included in the zone, two members from

each such territory nominated by the President;12 Further the Zonal Council for each zone has the following persons as Advisers to assist the Council in the performance of its duties 13: (a) One person nominated by the Planning Commission; (b) Chief Secretaries of the States included in the Zone; (c) Development Commissioners of States included in the zone. Union Ministers are also invited to participate in the meetings of the Zonal Councils depending upon necessity. The Union Home Minister is the Chairman of each of these councils14. The Chief Ministers of the States included in each zone act as Vice Chairman of the Zonal Council for that zone by rotation, each holding office for a period of one year at a time15. Each Zonal Council has set up a Standing Committee consisting of Chief Secretaries of the member States of their respective Zonal Councils. These Standing Committees meet from time to time to resolve the issues or to do necessary ground work for further meetings of the Zonal Councils. Senior Officers of the Planning Commission and other Central Ministries are also associated with the meetings depending upon necessity16. The Secretariat of the Zonal Councils has also been created by the Statute itself. According to Section 19 (1) of the States Reorganisation Act, 1956 the Chief Secretaries of the States represented in each Zonal Council act as the

12
13

The Hindu, 1957, Role of Zonal Councils; Ibid; 14 S.16(2), States Reorganization Act, 1956; 15 Ibid; 16 Supra at note 11;

Chapter 2: Objectives of Zonal Councils and Contribution to Indias Federal Structure

12

Secretary of the respective Zonal Council by rotation for a period of one year at a time. The Secretariat explores centre-State, inter-State and zonal issues which are to be deliberated by the Councils or the Standing Committees. The Secretariat also follows up on the recommendations of the Councils/Standing Committees, if necessary drawing the attention of the Chairman and other Central Ministers/Chief Ministers17.

Role of the Zonal Councils

The Zonal Councils provide an excellent forum where irritants between Centre and States and amongst States can be resolved through free and frank discussions and consultations. Being advisory bodies, there is full scope for free and frank exchange of views in their meetings. Though there are a large number of other such councils, like the National Development Council, Inter State Council, Governors/Chief Ministers Conferences and other periodical high level conferences held under the auspices of the Union Government, the Zonal Councils are different, both in content and character18. They are regional fora of cooperative endeavor for States linked with each other economically, politically and culturally19. Being compact high level bodies, specially meant for looking after the interests of respective zones, they are capable of focusing attention on specific issues taking into account regional factors, while keeping the national perspective in view20. The main objectives of setting up of Zonal Councils are21: (a) Bringing out national integration;

17 18

States Reorganization Act, 1956; Ministry of Home Affairs, Government of India, 2007, Zonal Councils; 19 Supra at note 11; 20 Shubh, N. Singh, Centre State Relations In India; 21 Supra at note 16;

Chapter 2: Objectives of Zonal Councils and Contribution to Indias Federal Structure

13

(b) Arresting the growth of acute State consciousness, regionalism, linguism and particularistic tendencies; (c) Enabling the Centre and the States to co-operate and exchange ideas and experiences; and
(d) Establishing a climate of co-operation amongst the States for successful

and speedy execution of development projects.

Functions of the Councils

Each Zonal Council is an advisory body and may discuss any matter in which some or all of the States represented in that Council, or the Union and one or more of the States represented in that Council, have a common interest and advise the Central Government and the Government of each State concerned as to the action to be taken on any such matter22. In particular, a Zonal Council may discuss, and make recommendations with regard to: -

any matter of common interest in the field of economic and social planning; any matter concerning border disputes, linguistic minorities or interState transport; and any matter connected with, or arising out of, the re-organisation of the States under the States Reorganisation Act23.

The scope of functions of these Zonal Councils is very wide, as they can discuss any matter in which some or all of the States represented in that Council, or the Union and one or more of the States represented in that Council, have a common interest24.

22
23

H.M. Seervai, Constitutional Law of India; Ibid; 24 Supra at note 4;

Chapter 3: Contribution in Todays Political Scenario And Proposals for the Future 14

CONCLUSION

CONTRIBUTION IN TODAYS POLITICAL SCENARIO AND PROPOSALS FOR THE FUTURE

POINTS OF FOCUS: This final chapter briefly discusses the achievements the councils have made since their institution. It also suggests some ways by which they can have a greater role to play in present day politics.

Zonal Councils being simply an advisory institution, without any legislative or executive functions whatsoever, do not have many extraordinary achievements to their credit25. They have, however, played an important role in the past in bringing States of a region together, and promoting interstate cooperation and consultation26. It is sad, therefore, that their contribution in todays political scenario has been reduced to virtually nil, as they hold great potential in establishing a cooperative federalism as opposed to a competitive one. The Zonal Councils have so far met 106 times since their inception and have contributed significantly in bringing about socio-economic advancement of the country27. The recent meetings of the Councils are:
Sl. No. 1. 2. Name of the Council Western Zonal Council Southern Zonal Council Place of meeting Panaji Hyderabad Date of the meeting 20.09.2006 12.02.2007

25

Supra at note 4; Shukla, V.N., Singh, M.P. ed., 2006, Constitution of India; 27 Ministry of Home Affairs, Government of India, 2007, Ministry of Home Affairs Govt of India India an Overview India History;
26

Chapter 3: Contribution in Todays Political Scenario And Proposals for the Future 15

Deliberations at Zonal Councils have led to important initiatives in Internal Security, Coastal Security, Mega City Policing, Communal Harmony and the resolution of the socio-economic problems of the people.28
The Zonal Council Secretariat interacts with State Governments, Union Government and institutions like Planning Commission to explore issues of relevance for deliberations of Zonal Councils /Standing Committees. It is, however, also open to the enlightened citizens to identify such issues and bring them to the notice of the Zonal Council Secretariat29. A promotion of such interaction between the Councils and the citizens, and increasing the participation of citizens in the functioning of the Councils can bring greatly enhance the contribution of Zonal Councils in todays political scenario.

28 29

Ibid; Ibid;

Bibliography

16

BIBLIOGRAPHY
Arora, Satish Kumar, 1956, The Reorganization of Indian States, Far Eastern Survey, Vol. 25, No. 2. (Feb., 1956), pp. 27-30; Duchacek, I.D., 1970, Comparative Federalism, Holt, Rinehart and Winston Inc., New York; Duchacek, Ivo D., 1975, External and Internal Challenges to the Federal Bargain, Publius, Vol. 5, No. 2, Federalism and Community: A Comparative View., pp. 4176; Goodall, Merrill R., 1957, Planning in India: Research and Administration, Public Administration Review, Vol. 17, No. 2, pp. 111-116; H.M. Seervai, 1983, Constitutional Law of India, 3rd Edition, N.M. Tripathi Pvt. Ltd., Bombay; Iyer, V.R. Krishna, 2003, A Constitutional Miscellany, Eastern Book Company, Lucknow; M.P. Jain, 2003, Indian Constitutional Law, 5th Edition, Wadhwa and Company, Nagpur; Ministry of Home Affairs, Government of India, 2007, Ministry of Home Affairs Govt of India India an Overview India History, available online at http://www.mha.nic.in/cs-division.htm, last visited on 25th December 2007; Ministry of Home Affairs, Government of India, 2007, Zonal Councils, available online at http://www.mha.nic.in/ZONAL.htm, last visited on 25th December 2007; Palanithurai, 1990, Ethnic Identity and National Loyalty of an Ethnic Group in India, Indian Journal of Political Science, Vol. 51, No.1, Jan Mar,1990; Shukla, V.N., Singh, M.P. ed., 2006, Constitution of India, Reprint 10th Edition, Eastern Book Company, Lucknow; Singh, Shubh N., 1990, Centre State Relations In India, H.K. Publishers and distributors, New Delhi; The Hindu, 1957, Role of Zonal Councils, 25th April 1957, available online at http://www.hindu.com/2007/04/25/stories/2007042501510900.htm, last visited on 26th December 2007; Wheare, K.C., 1963, Federal Government, 3rd Edition, Oxford University Press, Oxford;

Chapter 3: Contribution in Todays Political Scenario And Proposals for the Future 17