Question map
With reference to India, consider the following : I. The Inter-State Council II. The National Security Council III. Zonal Councils How many of the above were established as per the provisions of the Constitution of India?
Explanation
The President can establish (under Article 263) an Inter-State Council to investigate and discuss subject of common interest between the Centre and the states.[1] The Inter-State Council was established in 1990[2] following the Sarkaria Commission's recommendations. Thus, the Inter-State Council has a constitutional provision (Article 263) for its establishment.
The National Security Council was not established under any provision of the Constitution. It was set up through an executive order in 1998 and does not have a constitutional basis.
Five Zonal Councils were set up vide Part-III of the States Re-organisation Act, 1956.[3] Since they were created by an Act of Parliament (States Re-organisation Act) and not directly by a constitutional provision, they are statutory bodies, not constitutional bodies.
Therefore, only one body—the Inter-State Council—was established as per the provisions of the Constitution of India (Article 263).
Sources- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 15: Centre-State Relations > Cooperation Between the Centre and States > p. 149
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 16: Inter-State Relations > INTER-STATE COUNCILS > p. 168
- [3] https://www.mha.gov.in/en/page/zonal-council
PROVENANCE & STUDY PATTERN
Full viewThis is a classic 'Source of Authority' question. UPSC tests clarity on the 'Birth Certificate' of institutions: Constitution (Article), Statute (Act), or Executive Order. Laxmikanth explicitly covers I and III; II is common knowledge for serious aspirants. Fair and standard.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: Was the Inter-State Council in India established under the provisions of the Constitution of India?
- Statement 2: Was the National Security Council in India established under the provisions of the Constitution of India?
- Statement 3: Were the Zonal Councils in India established under the provisions of the Constitution of India?
- Explicitly states the President can establish an Inter‑State Council under Article 263 of the Constitution.
- Notes that such a council was indeed set up in 1990, linking the constitutional provision to actual establishment.
- Says the Sarkaria Commission recommended a permanent Inter‑State Council under Article 263.
- Records that the Inter‑State Council was established in 1990, consistent with the Article 263 route.
- Confirms the Sarkaria Commission recommended constituting a permanent inter‑state council charged with duties under Article 263.
- Places the council recommendation explicitly in the constitutional‑power context (Article 263).
Explicitly contrasts 'autonomous statutory (and not a constitutional) body' when describing the National Commission for Women, showing authors distinguish statutory vs constitutional origin.
A student could apply this pattern to the NSC by checking whether sources label the NSC as statutory (created by Parliament/Executive) or cite a specific constitutional article.
States the Bar Council of India 'was established under a legislation enacted by the Parliament... Hence, it is a statutory (and not a constitutional) body', giving another concrete example of a national body created by statute.
Compare how the Bar Council's origin is described with how the NSC is described in authoritative texts to infer whether NSC is statutory or constitutional.
Shows how the Constitution is amended to create constitutional provisions (example: insertion of Article 350‑8), illustrating that constitutional bodies are tied to specific constitutional articles or amendments.
Look for any constitutional article or amendment number cited for the NSC; lack of such citation would suggest it was not created by the Constitution itself.
Chapter headings like 'CONSTITUTIONAL PROVISIONS' are used systematically in the source to denote constitutional basis for institutions, indicating a pattern of explicit labeling when an institution is constitutionally established.
Check whether authoritative references list the NSC under a 'Constitutional Provisions' heading or instead under 'Establishment' as statutory — the presence/absence of such labeling helps judge the statement.
Reiterates the pattern that specific constitutional articles are cited for constitutionally created posts/bodies (here the Special Officer for Linguistic Minorities), highlighting that constitutional creation is explicit and documentable.
Search for an explicit constitutional article cited for the NSC; if none is found, the pattern suggests the NSC is likely not established by the Constitution.
- Explicitly states the Zonal Councils were set up 'vide Part-III of the States Re-organisation Act, 1956'.
- Indicates they were created by statute (States Re-organisation Act 1956), not by the Constitution itself.
- States that the Secretariat of the Zonal Councils 'has also been created by the statute itself'.
- References specific sections (Section 19 and Section 20) of the States Re-organisation Act governing staff and office, showing a statutory basis.
- Cites 'Section 17(1) of States Re-organisation Act' regarding meetings of Zonal Councils, showing they operate under that Act.
- Reinforces that provisions governing Zonal Councils are in the States Re-organisation Act rather than the Constitution.
Explicitly states Zonal Councils are statutory (not constitutional) and were established by the States Reorganisation Act, 1956.
A student could check the States Reorganisation Act, 1956 text (an external statutory source) or the Constitution to confirm absence of a constitutional provision creating them.
Repeats that Zonal Councils are created by an Act of Parliament and lists their constitution/membership, implying a statutory origin and composition.
Compare the membership/composition described here with any constitutional body listings to see whether such councils are provided for in the Constitution.
Says Zonal Councils were set up in 1956 and explicitly notes they were established under statutory authority.
Use the date and statutory-authority note to locate the relevant statute (States Reorganisation Act, 1956) and verify its provisions externally.
Describes the functions and that the Union Home Minister is common chairman, while also distinguishing the North-Eastern Council as set up under a separate Act (North-Eastern Council Act, 1971).
The parallel example of the North-Eastern Council being created by statute provides a pattern: regional councils addressing inter-state matters have been created by Parliament rather than by constitutional text.
Notes that the Constitution provides for interstate comity and inter-state councils, and then adds that zonal councils have been established by Parliament to promote inter-state cooperation.
A student could contrast constitutional provisions for 'inter-state councils' in the Constitution with the separate statutory creation of Zonal Councils to judge whether Zonal Councils arise from constitutional text or from parliamentary statute.
- [THE VERDICT]: Sitter. Direct hits from Laxmikanth (Chapters 15 & 16). If you missed this, your static polity revision is weak.
- [THE CONCEPTUAL TRIGGER]: Classification of Bodies: Constitutional vs. Statutory vs. Executive (Non-Constitutional).
- [THE HORIZONTAL EXPANSION]: Memorize the 'Birth Certificates': 1. Constitutional: GST Council (Art 279A), Special Officer for Linguistic Minorities (Art 350B), Finance Commission (Art 280). 2. Statutory: Zonal Councils (States Reorg Act 1956), North Eastern Council (NEC Act 1971), NHRC (PHR Act 1993). 3. Executive: NITI Aayog, Law Commission, National Security Council (1999 Notification).
- [THE STRATEGIC METACOGNITION]: Never read an institution's name without tagging its origin. Create a 3-column table. If it's Constitutional, you MUST know the Article. If Statutory, know the Act year. If Executive, know it has no legal backing.
Article 263 provides the constitutional authority for the President to set up an Inter‑State Council.
High‑yield for questions on constitutional provisions governing centre–state coordination; links to federalism, administrative relations and mechanisms for dispute resolution. Knowing Article 263 helps answer whether bodies are constitutionally created and under whose authority they operate.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 15: Centre-State Relations > Cooperation Between the Centre and States > p. 149
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 16: Inter-State Relations > INTER-STATE COUNCILS > p. 168
The Sarkaria Commission recommended formation of a permanent Inter‑State Council under Article 263.
Important for governance and polity topics: commissions often shape institutional changes in India. Mastering this clarifies how recommendations translate into constitutional or statutory institutions and supports answers on reform proposals and inter‑governmental mechanisms.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 16: Inter-State Relations > INTER-STATE COUNCILS > p. 168
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 26: ADMINISTRATIVE RELATIONS BETWEEN THE UNION AND THE STATES > All-India Services. > p. 396
Inter‑State Council is linked to Article 263 (constitutional route), while zonal councils and some advisory bodies were created by statute.
Frequently tested distinction in polity: identifying whether an institution arises from the Constitution or Parliament/acts affects its powers, permanence and mode of creation. Useful for questions on institutional design, legal authority and comparative roles of bodies.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 15: Centre-State Relations > Cooperation Between the Centre and States > p. 149
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 27: INTER-STATE RELATIONS > I. Inter-State Comity > p. 406
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 69: Bar Council of India > ESTABLISHMENT > p. 520
Determines whether a public body is created by the Constitution itself or by a statute enacted by Parliament, which is the core distinction needed to judge the NSC's origin.
High-yield for governance and polity questions: many UPSC items ask whether an institution is constitutional or statutory. Mastering this lets you classify bodies, link them to relevant Articles or Acts, and answer questions about their powers, permanence, and removeability.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 59: National Commission for Women > ESTABLISHMENT > p. 480
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 69: Bar Council of India > ESTABLISHMENT > p. 520
Describes the formal mechanism—for example, a constitutional amendment inserting an Article like Article 350‑8—by which an institution can be established under the Constitution rather than by ordinary legislation.
High-yield for constitutional law: understanding amendments and Article insertions clarifies when an entity has constitutional status. This connects to questions on amendment procedure, federal structure, and the legal basis of institutions, enabling candidates to distinguish constitutional creation from statutory formation.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 69: Bar Council of India > CONSTITUTIONAL PROVISIONS > p. 520
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 59: National Commission for Women > CONSTITUTIONAL PROVISIONS > p. 480
Distinguishes bodies created by Acts of Parliament from those created by the Constitution; zonal councils are an example of a statutory body set up by Parliament.
High-yield for UPSC because many questions ask whether an institution is constitutional or statutory; connects to Centre–state relations, federal institutions, and administrative law; enables precise answers on source of authority and legal status of bodies.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 16: Inter-State Relations > ZONAL COUNCILS > p. 170
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 16: Inter State Relations > ZONAL COUNCILS > p. 170
Identifies the specific legislation (States Reorganisation Act, 1956) that created zonal councils and defined the five zones.
Important for questions on institutional origins and legislative actions of Parliament; links to history of territorial reorganisation, regional planning, and Parliament's power to create statutory bodies; helps answer provenance and composition questions.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 27: INTER-STATE RELATIONS > I. Inter-State Comity > p. 406
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 16: Inter-State Relations > ZONAL COUNCILS > p. 170
The Joint State Public Service Commission (JSPSC). Unlike UPSC and SPSC (which are Constitutional under Art 315), a JSPSC is created by an Act of Parliament on the request of state legislatures, making it a STATUTORY body. This is a frequent trap.
The 'Article Test': If you cannot immediately recite a specific Article number (like 263, 280, 324) for a body, it is 95% likely NOT constitutional. The Constitution is a finite document; modern administrative bodies (NSC, NITI Aayog, NIA) are almost always Statutory or Executive.
Links to GS-3 Internal Security: The National Security Council (NSC) heads the three-tiered security structure (Strategic Policy Group, National Security Advisory Board). It also manages the Nuclear Command Authority. Understanding its executive nature explains its flexibility compared to rigid constitutional bodies.