Published: 24th Jan, 2022
Context
A roadmap for amicable settlement of the border issues has been prepared with representatives from both states of Assam and Meghalaya.
Background
- In a bid to resolve the long-standing inter-state boundary disputes, chief ministers of the two states had met in December last year and decided to resolve the issues over six of the 12 areas.
- Six of the 12 areas of difference have been identified for resolution in the first phase.
- The areas of differences taken up for final settlement include Hahim, Gizang, Tarabari, Boklapara, Khanapara-Pillingkata and Ratacherra.
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- Assam has border tension with neighbouring Nagaland, Meghalaya, Mizoram and Arunachal Pradesh.
- Efforts to resolve the dispute with the three other states are also underway.
Analysis
The border row
- The 884-km Assam-Meghalaya boundary witnesses flare-ups frequently.
- But the worst-ever violence along the Assam-Mizoram border was seen in July 2020 that left six Assam Police personnel dead and nearly 100 civilians and security personnel of the two neighbouring states injured.
- The trouble between the states is due to conflicting interpretations of their territorial position.
- Meghalaya was a part of Assam before attaining statehood on January 21, 1972. They share an 884.9km border and the dispute started after the creation of Meghalaya.
- There are at present 12 points of dispute along the Meghalaya–Assam border covering an area of 2,765.14 sq. km. Now, six of the 12 areas have been taken for final settlement.
- While Mizoram says the boundary line is the one laid down in the Bengal Eastern Frontier Regulation Act of 1875, Assam backs the 1933 demarcation.
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Major inter-state disputes in India Assam – Nagaland
Gujarat – Rajasthan
Karnataka- Kerala
Orissa – West Bengal
Arunachal Pradesh and Assam:
Others
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How does the Constitution deal with inter-state disputes?
- At the time of independence in 1947, India consisted of 571 disjointed princely states and provinces directly governed by the British.
- The States Reorganization Commission (SRC) constituted in 1953 after nearly two years of study, merged them into 14 states and six union territories (UTs).
- Currently, they have grown into 28 states and eight UTs, making a total of 36 entities.
- The draftsmen of India’s constitution had erred grievously in ignoring the problem of interstate disputes, especially interstate boundaries.
- The constitution makes no provision for a swift and binding decision of such disputes.
- Article 262 is on the adjudication of disputes relating to waters of inter-state rivers or river valleys. There is no comparable provision on disputes on land.
How does SC deal with disputes arising between States?
- Article 131
- Article 131 of the Constitution of India vests the Supreme Court with original jurisdiction over any dispute arising between the states or between the center and state.
- SC has original jurisdiction in any dispute:
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- between the Government of India and one or more States
- 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
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- (if the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends)
Conclusion
The inter-state border disputes in the country have persisted for a long time. In such a scenario, it is important to solve the matter by spreading awareness about the benefits of settled and peaceful borders in terms of better infrastructure, connectivity. At the same time, efforts should be redoubled to find a political solution, mediated by the Union government, which is binding on all the states.
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