Page 1 Reforms in Centre-State Relations committees: ? Administrative Reforms Commission followed by K. Hanumanthayya Important Recommendations: ? Establishment of an Inter Constitution ? Appointment of persons having long experience in public life and administration and non ? Delegation of powers to the maximum extent to the states ? Transferring of more financial resources to the states to reduce dependency upon the Centre ? Deployment of Central armed forces in the states either on their request or otherwise No action taken ? Rajmannar Committee chairmanship of Dr P V Rajamannar 1971 Important Recommendations: ? Inter-State Council should be set up immediately; ? Finance Commission should be made a permanent body; ? Planning Commission should be disbanded and its place should be taken by a statutory body; ? Articles 356, 357 and totally omitted; ? The provision that the state ministry holds office during the pleasure of the governor should be omitted; ? Certain subjects of the Union List and the Concurrent List should be transferred to the State List; ? the residuary powers should be allocated to the states; and State Relations and recommendations of various Administrative Reforms Commission-1966 under Morarji Desai followed by K. Hanumanthayya Important Recommendations: Establishment of an Inter-State Council under Article 263 of th Appointment of persons having long experience in public life and administration and non-partisan attitude as governors Delegation of powers to the maximum extent to the states Transferring of more financial resources to the states to reduce dependency upon the Centre Deployment of Central armed forces in the states either on their request or otherwise Rajmannar Committee-1969 with three-member committee under the chairmanship of Dr P V Rajamannar with the Report coming o Important Recommendations: State Council should be set up immediately; Finance Commission should be made a permanent body; Planning Commission should be disbanded and its place should be taken by a statutory body; Articles 356, 357 and 365 (dealing with President’s Rule) should be The provision that the state ministry holds office during the pleasure of the governor should be omitted; Certain subjects of the Union List and the Concurrent List should be he State List; the residuary powers should be allocated to the states; and and recommendations of various under Morarji Desai State Council under Article 263 of the Appointment of persons having long experience in public life and Transferring of more financial resources to the states to reduce their Deployment of Central armed forces in the states either on their member committee under the with the Report coming out in Planning Commission should be disbanded and its place should be 365 (dealing with President’s Rule) should be The provision that the state ministry holds office during the pleasure Certain subjects of the Union List and the Concurrent List should be Page 2 Reforms in Centre-State Relations committees: ? Administrative Reforms Commission followed by K. Hanumanthayya Important Recommendations: ? Establishment of an Inter Constitution ? Appointment of persons having long experience in public life and administration and non ? Delegation of powers to the maximum extent to the states ? Transferring of more financial resources to the states to reduce dependency upon the Centre ? Deployment of Central armed forces in the states either on their request or otherwise No action taken ? Rajmannar Committee chairmanship of Dr P V Rajamannar 1971 Important Recommendations: ? Inter-State Council should be set up immediately; ? Finance Commission should be made a permanent body; ? Planning Commission should be disbanded and its place should be taken by a statutory body; ? Articles 356, 357 and totally omitted; ? The provision that the state ministry holds office during the pleasure of the governor should be omitted; ? Certain subjects of the Union List and the Concurrent List should be transferred to the State List; ? the residuary powers should be allocated to the states; and State Relations and recommendations of various Administrative Reforms Commission-1966 under Morarji Desai followed by K. Hanumanthayya Important Recommendations: Establishment of an Inter-State Council under Article 263 of th Appointment of persons having long experience in public life and administration and non-partisan attitude as governors Delegation of powers to the maximum extent to the states Transferring of more financial resources to the states to reduce dependency upon the Centre Deployment of Central armed forces in the states either on their request or otherwise Rajmannar Committee-1969 with three-member committee under the chairmanship of Dr P V Rajamannar with the Report coming o Important Recommendations: State Council should be set up immediately; Finance Commission should be made a permanent body; Planning Commission should be disbanded and its place should be taken by a statutory body; Articles 356, 357 and 365 (dealing with President’s Rule) should be The provision that the state ministry holds office during the pleasure of the governor should be omitted; Certain subjects of the Union List and the Concurrent List should be he State List; the residuary powers should be allocated to the states; and and recommendations of various under Morarji Desai State Council under Article 263 of the Appointment of persons having long experience in public life and Transferring of more financial resources to the states to reduce their Deployment of Central armed forces in the states either on their member committee under the with the Report coming out in Planning Commission should be disbanded and its place should be 365 (dealing with President’s Rule) should be The provision that the state ministry holds office during the pleasure Certain subjects of the Union List and the Concurrent List should be ? All-India services (IAS, IPS and IFS) should be abolished. No action taken ? Anandpur Sahib Resolution Important Recommendations: ? Centre’s jurisdiction should be restricted o affairs, communications ? Currency and the entire residuary powers should be vested in the states ? Constitution should be made federal in the real sense and should ensure equal authority and representation to all the states at the Cent ? West Bengal Memorandum Important Recommendations: ? The word ‘union’ in the Constitution should be replaced by the word ‘federal’; ? The jurisdiction of the Centre should be confined to defence, foreign affairs, currency, communications and economi the residuary shoul ? Articles 356 and 357 (President’s Rule) and 360 (financial emergency) should be repealed; ? State’s consent should be made obligatory for formation of new or reorganisation of existing ? Of the total revenue raised by should be allocated to the states; ? Rajya Sabha should have equal powers with t ? There should be only Central and state services and the all services should be abolished. ? Sarkaria Commission Justice R.S. Sarkaria which submitted its report in 1987 Important Recommendations: India services (IAS, IPS and IFS) should be abolished. Anandpur Sahib Resolution- 1973 Important Recommendations: Centre’s jurisdiction should be restricted only to defence, foreign affairs, communications Currency and the entire residuary powers should be vested in the states Constitution should be made federal in the real sense and should ensure equal authority and representation to all the states at the Cent West Bengal Memorandum- 1977 Important Recommendations: The word ‘union’ in the Constitution should be replaced by the word The jurisdiction of the Centre should be confined to defence, foreign affairs, currency, communications and economic co-ordination the residuary should be vested in the states; 356 and 357 (President’s Rule) and 360 (financial emergency) repealed; State’s consent should be made obligatory for formation of new sation of existing states; Of the total revenue raised by the Centre from all sources, 75 per cent e allocated to the states; Rajya Sabha should have equal powers with that of the Lok Sabha; There should be only Central and state services and the all should be abolished. Sarkaria Commission- 1983 with a three member committee under Justice R.S. Sarkaria which submitted its report in 1987 Important Recommendations: nly to defence, foreign Currency and the entire residuary powers should be vested in the states Constitution should be made federal in the real sense and should ensure equal authority and representation to all the states at the Centre. The word ‘union’ in the Constitution should be replaced by the word The jurisdiction of the Centre should be confined to defence, foreign ordination with 356 and 357 (President’s Rule) and 360 (financial emergency) State’s consent should be made obligatory for formation of new states the Centre from all sources, 75 per cent hat of the Lok Sabha; There should be only Central and state services and the all-India 1983 with a three member committee under Page 3 Reforms in Centre-State Relations committees: ? Administrative Reforms Commission followed by K. Hanumanthayya Important Recommendations: ? Establishment of an Inter Constitution ? Appointment of persons having long experience in public life and administration and non ? Delegation of powers to the maximum extent to the states ? Transferring of more financial resources to the states to reduce dependency upon the Centre ? Deployment of Central armed forces in the states either on their request or otherwise No action taken ? Rajmannar Committee chairmanship of Dr P V Rajamannar 1971 Important Recommendations: ? Inter-State Council should be set up immediately; ? Finance Commission should be made a permanent body; ? Planning Commission should be disbanded and its place should be taken by a statutory body; ? Articles 356, 357 and totally omitted; ? The provision that the state ministry holds office during the pleasure of the governor should be omitted; ? Certain subjects of the Union List and the Concurrent List should be transferred to the State List; ? the residuary powers should be allocated to the states; and State Relations and recommendations of various Administrative Reforms Commission-1966 under Morarji Desai followed by K. Hanumanthayya Important Recommendations: Establishment of an Inter-State Council under Article 263 of th Appointment of persons having long experience in public life and administration and non-partisan attitude as governors Delegation of powers to the maximum extent to the states Transferring of more financial resources to the states to reduce dependency upon the Centre Deployment of Central armed forces in the states either on their request or otherwise Rajmannar Committee-1969 with three-member committee under the chairmanship of Dr P V Rajamannar with the Report coming o Important Recommendations: State Council should be set up immediately; Finance Commission should be made a permanent body; Planning Commission should be disbanded and its place should be taken by a statutory body; Articles 356, 357 and 365 (dealing with President’s Rule) should be The provision that the state ministry holds office during the pleasure of the governor should be omitted; Certain subjects of the Union List and the Concurrent List should be he State List; the residuary powers should be allocated to the states; and and recommendations of various under Morarji Desai State Council under Article 263 of the Appointment of persons having long experience in public life and Transferring of more financial resources to the states to reduce their Deployment of Central armed forces in the states either on their member committee under the with the Report coming out in Planning Commission should be disbanded and its place should be 365 (dealing with President’s Rule) should be The provision that the state ministry holds office during the pleasure Certain subjects of the Union List and the Concurrent List should be ? All-India services (IAS, IPS and IFS) should be abolished. No action taken ? Anandpur Sahib Resolution Important Recommendations: ? Centre’s jurisdiction should be restricted o affairs, communications ? Currency and the entire residuary powers should be vested in the states ? Constitution should be made federal in the real sense and should ensure equal authority and representation to all the states at the Cent ? West Bengal Memorandum Important Recommendations: ? The word ‘union’ in the Constitution should be replaced by the word ‘federal’; ? The jurisdiction of the Centre should be confined to defence, foreign affairs, currency, communications and economi the residuary shoul ? Articles 356 and 357 (President’s Rule) and 360 (financial emergency) should be repealed; ? State’s consent should be made obligatory for formation of new or reorganisation of existing ? Of the total revenue raised by should be allocated to the states; ? Rajya Sabha should have equal powers with t ? There should be only Central and state services and the all services should be abolished. ? Sarkaria Commission Justice R.S. Sarkaria which submitted its report in 1987 Important Recommendations: India services (IAS, IPS and IFS) should be abolished. Anandpur Sahib Resolution- 1973 Important Recommendations: Centre’s jurisdiction should be restricted only to defence, foreign affairs, communications Currency and the entire residuary powers should be vested in the states Constitution should be made federal in the real sense and should ensure equal authority and representation to all the states at the Cent West Bengal Memorandum- 1977 Important Recommendations: The word ‘union’ in the Constitution should be replaced by the word The jurisdiction of the Centre should be confined to defence, foreign affairs, currency, communications and economic co-ordination the residuary should be vested in the states; 356 and 357 (President’s Rule) and 360 (financial emergency) repealed; State’s consent should be made obligatory for formation of new sation of existing states; Of the total revenue raised by the Centre from all sources, 75 per cent e allocated to the states; Rajya Sabha should have equal powers with that of the Lok Sabha; There should be only Central and state services and the all should be abolished. Sarkaria Commission- 1983 with a three member committee under Justice R.S. Sarkaria which submitted its report in 1987 Important Recommendations: nly to defence, foreign Currency and the entire residuary powers should be vested in the states Constitution should be made federal in the real sense and should ensure equal authority and representation to all the states at the Centre. The word ‘union’ in the Constitution should be replaced by the word The jurisdiction of the Centre should be confined to defence, foreign ordination with 356 and 357 (President’s Rule) and 360 (financial emergency) State’s consent should be made obligatory for formation of new states the Centre from all sources, 75 per cent hat of the Lok Sabha; There should be only Central and state services and the all-India 1983 with a three member committee under ? A permanent Inter Council should be set ? Article 356 (President’s Rule) should be used very sparingly, in extreme cases as a last resort when all the available alternatives fail. ? The institution of All and some more such services ? The residuary powers of taxation should continue to remain with the Parliament, while the other residuary powers should be placed in the Concurrent List. ? The Centre should have powers to deploy its armed forces, even without the consent should be consulted. ? The procedure of consulting the chief minister in the appointment of the state governor should be prescribed in the Constitution itself. ? The governor’s term of five years in a state except for some extremely compelling reasons. ? Selection of Governor on some concrete grounds: i. He should be eminent in some walk of life ii. He should be a person from outside the state iii. He should be a detached figure and not too intimate connected with the local politics of the states iv. He should be a person who has not taken too great a part in politics generally and particularly in the recent past ? Steps should be taken to uniformly implement the three language formula in its true spirit ? The commissioner for linguistic minorities should be activated. The Central government has implemented 180 (out of 247) recommendations of the Sarkaria Commission. The most important is the establishment of the Inter State Council in 1990. ? Punchhi Commission/ Second Commission on Centre 2007 under former CJI M.M. Punchhi Important Recommendations: A permanent Inter-State Council called the Inter-Governmental Council should be set up under Article 263. Article 356 (President’s Rule) should be used very sparingly, in extreme cases as a last resort when all the available alternatives fail. The institution of All-India Services should be further strengthened and some more such services should be created. The residuary powers of taxation should continue to remain with the Parliament, while the other residuary powers should be placed in the The Centre should have powers to deploy its armed forces, even the consent of states. However, it is desirable that the states consulted. The procedure of consulting the chief minister in the appointment of the state governor should be prescribed in the Constitution itself. The governor’s term of five years in a state should not be disturbed except for some extremely compelling reasons. Selection of Governor on some concrete grounds: He should be eminent in some walk of life He should be a person from outside the state He should be a detached figure and not too intimate connected with the local politics of the states He should be a person who has not taken too great a part in politics generally and particularly in the recent past Steps should be taken to uniformly implement the three language formula in its true spirit. The commissioner for linguistic minorities should be activated. The Central government has implemented 180 (out of 247) recommendations of the Sarkaria Commission. The most important is the establishment of the Inter ssion/ Second Commission on Centre-state Relations 2007 under former CJI M.M. Punchhi Important Recommendations: Governmental Article 356 (President’s Rule) should be used very sparingly, in extreme cases as a last resort when all the available alternatives fail. India Services should be further strengthened The residuary powers of taxation should continue to remain with the Parliament, while the other residuary powers should be placed in the The Centre should have powers to deploy its armed forces, even of states. However, it is desirable that the states The procedure of consulting the chief minister in the appointment of the state governor should be prescribed in the Constitution itself. should not be disturbed He should be a detached figure and not too intimately He should be a person who has not taken too great a part in politics generally and particularly in the recent past Steps should be taken to uniformly implement the three language The commissioner for linguistic minorities should be activated. The Central government has implemented 180 (out of 247) recommendations of the Sarkaria Commission. The most important is the establishment of the Inter- state Relations- Page 4 Reforms in Centre-State Relations committees: ? Administrative Reforms Commission followed by K. Hanumanthayya Important Recommendations: ? Establishment of an Inter Constitution ? Appointment of persons having long experience in public life and administration and non ? Delegation of powers to the maximum extent to the states ? Transferring of more financial resources to the states to reduce dependency upon the Centre ? Deployment of Central armed forces in the states either on their request or otherwise No action taken ? Rajmannar Committee chairmanship of Dr P V Rajamannar 1971 Important Recommendations: ? Inter-State Council should be set up immediately; ? Finance Commission should be made a permanent body; ? Planning Commission should be disbanded and its place should be taken by a statutory body; ? Articles 356, 357 and totally omitted; ? The provision that the state ministry holds office during the pleasure of the governor should be omitted; ? Certain subjects of the Union List and the Concurrent List should be transferred to the State List; ? the residuary powers should be allocated to the states; and State Relations and recommendations of various Administrative Reforms Commission-1966 under Morarji Desai followed by K. Hanumanthayya Important Recommendations: Establishment of an Inter-State Council under Article 263 of th Appointment of persons having long experience in public life and administration and non-partisan attitude as governors Delegation of powers to the maximum extent to the states Transferring of more financial resources to the states to reduce dependency upon the Centre Deployment of Central armed forces in the states either on their request or otherwise Rajmannar Committee-1969 with three-member committee under the chairmanship of Dr P V Rajamannar with the Report coming o Important Recommendations: State Council should be set up immediately; Finance Commission should be made a permanent body; Planning Commission should be disbanded and its place should be taken by a statutory body; Articles 356, 357 and 365 (dealing with President’s Rule) should be The provision that the state ministry holds office during the pleasure of the governor should be omitted; Certain subjects of the Union List and the Concurrent List should be he State List; the residuary powers should be allocated to the states; and and recommendations of various under Morarji Desai State Council under Article 263 of the Appointment of persons having long experience in public life and Transferring of more financial resources to the states to reduce their Deployment of Central armed forces in the states either on their member committee under the with the Report coming out in Planning Commission should be disbanded and its place should be 365 (dealing with President’s Rule) should be The provision that the state ministry holds office during the pleasure Certain subjects of the Union List and the Concurrent List should be ? All-India services (IAS, IPS and IFS) should be abolished. No action taken ? Anandpur Sahib Resolution Important Recommendations: ? Centre’s jurisdiction should be restricted o affairs, communications ? Currency and the entire residuary powers should be vested in the states ? Constitution should be made federal in the real sense and should ensure equal authority and representation to all the states at the Cent ? West Bengal Memorandum Important Recommendations: ? The word ‘union’ in the Constitution should be replaced by the word ‘federal’; ? The jurisdiction of the Centre should be confined to defence, foreign affairs, currency, communications and economi the residuary shoul ? Articles 356 and 357 (President’s Rule) and 360 (financial emergency) should be repealed; ? State’s consent should be made obligatory for formation of new or reorganisation of existing ? Of the total revenue raised by should be allocated to the states; ? Rajya Sabha should have equal powers with t ? There should be only Central and state services and the all services should be abolished. ? Sarkaria Commission Justice R.S. Sarkaria which submitted its report in 1987 Important Recommendations: India services (IAS, IPS and IFS) should be abolished. Anandpur Sahib Resolution- 1973 Important Recommendations: Centre’s jurisdiction should be restricted only to defence, foreign affairs, communications Currency and the entire residuary powers should be vested in the states Constitution should be made federal in the real sense and should ensure equal authority and representation to all the states at the Cent West Bengal Memorandum- 1977 Important Recommendations: The word ‘union’ in the Constitution should be replaced by the word The jurisdiction of the Centre should be confined to defence, foreign affairs, currency, communications and economic co-ordination the residuary should be vested in the states; 356 and 357 (President’s Rule) and 360 (financial emergency) repealed; State’s consent should be made obligatory for formation of new sation of existing states; Of the total revenue raised by the Centre from all sources, 75 per cent e allocated to the states; Rajya Sabha should have equal powers with that of the Lok Sabha; There should be only Central and state services and the all should be abolished. Sarkaria Commission- 1983 with a three member committee under Justice R.S. Sarkaria which submitted its report in 1987 Important Recommendations: nly to defence, foreign Currency and the entire residuary powers should be vested in the states Constitution should be made federal in the real sense and should ensure equal authority and representation to all the states at the Centre. The word ‘union’ in the Constitution should be replaced by the word The jurisdiction of the Centre should be confined to defence, foreign ordination with 356 and 357 (President’s Rule) and 360 (financial emergency) State’s consent should be made obligatory for formation of new states the Centre from all sources, 75 per cent hat of the Lok Sabha; There should be only Central and state services and the all-India 1983 with a three member committee under ? A permanent Inter Council should be set ? Article 356 (President’s Rule) should be used very sparingly, in extreme cases as a last resort when all the available alternatives fail. ? The institution of All and some more such services ? The residuary powers of taxation should continue to remain with the Parliament, while the other residuary powers should be placed in the Concurrent List. ? The Centre should have powers to deploy its armed forces, even without the consent should be consulted. ? The procedure of consulting the chief minister in the appointment of the state governor should be prescribed in the Constitution itself. ? The governor’s term of five years in a state except for some extremely compelling reasons. ? Selection of Governor on some concrete grounds: i. He should be eminent in some walk of life ii. He should be a person from outside the state iii. He should be a detached figure and not too intimate connected with the local politics of the states iv. He should be a person who has not taken too great a part in politics generally and particularly in the recent past ? Steps should be taken to uniformly implement the three language formula in its true spirit ? The commissioner for linguistic minorities should be activated. The Central government has implemented 180 (out of 247) recommendations of the Sarkaria Commission. The most important is the establishment of the Inter State Council in 1990. ? Punchhi Commission/ Second Commission on Centre 2007 under former CJI M.M. Punchhi Important Recommendations: A permanent Inter-State Council called the Inter-Governmental Council should be set up under Article 263. Article 356 (President’s Rule) should be used very sparingly, in extreme cases as a last resort when all the available alternatives fail. The institution of All-India Services should be further strengthened and some more such services should be created. The residuary powers of taxation should continue to remain with the Parliament, while the other residuary powers should be placed in the The Centre should have powers to deploy its armed forces, even the consent of states. However, it is desirable that the states consulted. The procedure of consulting the chief minister in the appointment of the state governor should be prescribed in the Constitution itself. The governor’s term of five years in a state should not be disturbed except for some extremely compelling reasons. Selection of Governor on some concrete grounds: He should be eminent in some walk of life He should be a person from outside the state He should be a detached figure and not too intimate connected with the local politics of the states He should be a person who has not taken too great a part in politics generally and particularly in the recent past Steps should be taken to uniformly implement the three language formula in its true spirit. The commissioner for linguistic minorities should be activated. The Central government has implemented 180 (out of 247) recommendations of the Sarkaria Commission. The most important is the establishment of the Inter ssion/ Second Commission on Centre-state Relations 2007 under former CJI M.M. Punchhi Important Recommendations: Governmental Article 356 (President’s Rule) should be used very sparingly, in extreme cases as a last resort when all the available alternatives fail. India Services should be further strengthened The residuary powers of taxation should continue to remain with the Parliament, while the other residuary powers should be placed in the The Centre should have powers to deploy its armed forces, even of states. However, it is desirable that the states The procedure of consulting the chief minister in the appointment of the state governor should be prescribed in the Constitution itself. should not be disturbed He should be a detached figure and not too intimately He should be a person who has not taken too great a part in politics generally and particularly in the recent past Steps should be taken to uniformly implement the three language The commissioner for linguistic minorities should be activated. The Central government has implemented 180 (out of 247) recommendations of the Sarkaria Commission. The most important is the establishment of the Inter- state Relations- ? It underlined that ‘cooperative federalism’ will be the key for sustaining India’s unity, integrity and social and economic development in fut ? The Union should be extremely restrained in asserting Parliamentary supremacy in matters assigned to the states. Greater flexibility to states in relation to subjects in the State List and “transferred items” in the Concurrent List is the key for bett ? There should be a continuing auditing role for the Inter in the management of matters in concurrent or overlapping jurisdiction. ? The period of six months prescribed in Article 201 for State Legislature to act when t made applicable for the President also to decide on assenting or withholding assent to a state bill reserved for consideration of the President. ? Parliament should make a law on the subject of Entry 14 of List I (treaty making and implementing it through Parliamentary legislation) to streamline the procedures involved. ? While selecting Governors, the Central Government should adopt the following strict guidelines as recommended in the Sarkaria Commission report and a. He should be eminent in some walk of life b. He should be a person from outside the state c. He should be a detached figure and not too intimately connected with the local politics of the states d. He should be a person who in politics generally and particularly in the recent past ? Governors should be given a fixed tenure of five years and their removal should not be at the sweet will of the Government at the Centre. ? The procedure laid down for i mutandis can be made applicable for impeachment of Governors as well. ? Article 163 does not give the Governor a general discretionary power to act against or without the advice of his Council of Ministers. It underlined that ‘cooperative federalism’ will be the key for sustaining India’s unity, integrity and social and economic development in future. The Union should be extremely restrained in asserting Parliamentary supremacy in matters assigned to the states. Greater flexibility to states in relation to subjects in the State List and “transferred items” in the Concurrent List is the key for better Centre-state relations. There should be a continuing auditing role for the Inter-state Council in the management of matters in concurrent or overlapping The period of six months prescribed in Article 201 for State Legislature to act when the bill is returned by the President can be made applicable for the President also to decide on assenting or withholding assent to a state bill reserved for consideration of the Parliament should make a law on the subject of Entry 14 of List I treaty making and implementing it through Parliamentary legislation) to streamline the procedures involved. While selecting Governors, the Central Government should adopt the following strict guidelines as recommended in the Sarkaria Commission report and follow its mandate in letter and spirit: He should be eminent in some walk of life He should be a person from outside the state He should be a detached figure and not too intimately connected with the local politics of the states He should be a person who has not taken too great a part in politics generally and particularly in the recent past Governors should be given a fixed tenure of five years and their removal should not be at the sweet will of the Government at the The procedure laid down for impeachment of President, mutatis mutandis can be made applicable for impeachment of Governors as Article 163 does not give the Governor a general discretionary power to act against or without the advice of his Council of Ministers. It underlined that ‘cooperative federalism’ will be the key for sustaining India’s unity, integrity and social and economic The Union should be extremely restrained in asserting Parliamentary supremacy in matters assigned to the states. Greater flexibility to states in relation to subjects in the State List and “transferred items” in state relations. state Council in the management of matters in concurrent or overlapping The period of six months prescribed in Article 201 for State he bill is returned by the President can be made applicable for the President also to decide on assenting or withholding assent to a state bill reserved for consideration of the Parliament should make a law on the subject of Entry 14 of List I treaty making and implementing it through Parliamentary legislation) While selecting Governors, the Central Government should adopt the following strict guidelines as recommended in the Sarkaria follow its mandate in letter and spirit: He should be a detached figure and not too intimately has not taken too great a part in politics generally and particularly in the recent past Governors should be given a fixed tenure of five years and their removal should not be at the sweet will of the Government at the mpeachment of President, mutatis mutandis can be made applicable for impeachment of Governors as Article 163 does not give the Governor a general discretionary power to act against or without the advice of his Council of Ministers. Page 5 Reforms in Centre-State Relations committees: ? Administrative Reforms Commission followed by K. Hanumanthayya Important Recommendations: ? Establishment of an Inter Constitution ? Appointment of persons having long experience in public life and administration and non ? Delegation of powers to the maximum extent to the states ? Transferring of more financial resources to the states to reduce dependency upon the Centre ? Deployment of Central armed forces in the states either on their request or otherwise No action taken ? Rajmannar Committee chairmanship of Dr P V Rajamannar 1971 Important Recommendations: ? Inter-State Council should be set up immediately; ? Finance Commission should be made a permanent body; ? Planning Commission should be disbanded and its place should be taken by a statutory body; ? Articles 356, 357 and totally omitted; ? The provision that the state ministry holds office during the pleasure of the governor should be omitted; ? Certain subjects of the Union List and the Concurrent List should be transferred to the State List; ? the residuary powers should be allocated to the states; and State Relations and recommendations of various Administrative Reforms Commission-1966 under Morarji Desai followed by K. Hanumanthayya Important Recommendations: Establishment of an Inter-State Council under Article 263 of th Appointment of persons having long experience in public life and administration and non-partisan attitude as governors Delegation of powers to the maximum extent to the states Transferring of more financial resources to the states to reduce dependency upon the Centre Deployment of Central armed forces in the states either on their request or otherwise Rajmannar Committee-1969 with three-member committee under the chairmanship of Dr P V Rajamannar with the Report coming o Important Recommendations: State Council should be set up immediately; Finance Commission should be made a permanent body; Planning Commission should be disbanded and its place should be taken by a statutory body; Articles 356, 357 and 365 (dealing with President’s Rule) should be The provision that the state ministry holds office during the pleasure of the governor should be omitted; Certain subjects of the Union List and the Concurrent List should be he State List; the residuary powers should be allocated to the states; and and recommendations of various under Morarji Desai State Council under Article 263 of the Appointment of persons having long experience in public life and Transferring of more financial resources to the states to reduce their Deployment of Central armed forces in the states either on their member committee under the with the Report coming out in Planning Commission should be disbanded and its place should be 365 (dealing with President’s Rule) should be The provision that the state ministry holds office during the pleasure Certain subjects of the Union List and the Concurrent List should be ? All-India services (IAS, IPS and IFS) should be abolished. No action taken ? Anandpur Sahib Resolution Important Recommendations: ? Centre’s jurisdiction should be restricted o affairs, communications ? Currency and the entire residuary powers should be vested in the states ? Constitution should be made federal in the real sense and should ensure equal authority and representation to all the states at the Cent ? West Bengal Memorandum Important Recommendations: ? The word ‘union’ in the Constitution should be replaced by the word ‘federal’; ? The jurisdiction of the Centre should be confined to defence, foreign affairs, currency, communications and economi the residuary shoul ? Articles 356 and 357 (President’s Rule) and 360 (financial emergency) should be repealed; ? State’s consent should be made obligatory for formation of new or reorganisation of existing ? Of the total revenue raised by should be allocated to the states; ? Rajya Sabha should have equal powers with t ? There should be only Central and state services and the all services should be abolished. ? Sarkaria Commission Justice R.S. Sarkaria which submitted its report in 1987 Important Recommendations: India services (IAS, IPS and IFS) should be abolished. Anandpur Sahib Resolution- 1973 Important Recommendations: Centre’s jurisdiction should be restricted only to defence, foreign affairs, communications Currency and the entire residuary powers should be vested in the states Constitution should be made federal in the real sense and should ensure equal authority and representation to all the states at the Cent West Bengal Memorandum- 1977 Important Recommendations: The word ‘union’ in the Constitution should be replaced by the word The jurisdiction of the Centre should be confined to defence, foreign affairs, currency, communications and economic co-ordination the residuary should be vested in the states; 356 and 357 (President’s Rule) and 360 (financial emergency) repealed; State’s consent should be made obligatory for formation of new sation of existing states; Of the total revenue raised by the Centre from all sources, 75 per cent e allocated to the states; Rajya Sabha should have equal powers with that of the Lok Sabha; There should be only Central and state services and the all should be abolished. Sarkaria Commission- 1983 with a three member committee under Justice R.S. Sarkaria which submitted its report in 1987 Important Recommendations: nly to defence, foreign Currency and the entire residuary powers should be vested in the states Constitution should be made federal in the real sense and should ensure equal authority and representation to all the states at the Centre. The word ‘union’ in the Constitution should be replaced by the word The jurisdiction of the Centre should be confined to defence, foreign ordination with 356 and 357 (President’s Rule) and 360 (financial emergency) State’s consent should be made obligatory for formation of new states the Centre from all sources, 75 per cent hat of the Lok Sabha; There should be only Central and state services and the all-India 1983 with a three member committee under ? A permanent Inter Council should be set ? Article 356 (President’s Rule) should be used very sparingly, in extreme cases as a last resort when all the available alternatives fail. ? The institution of All and some more such services ? The residuary powers of taxation should continue to remain with the Parliament, while the other residuary powers should be placed in the Concurrent List. ? The Centre should have powers to deploy its armed forces, even without the consent should be consulted. ? The procedure of consulting the chief minister in the appointment of the state governor should be prescribed in the Constitution itself. ? The governor’s term of five years in a state except for some extremely compelling reasons. ? Selection of Governor on some concrete grounds: i. He should be eminent in some walk of life ii. He should be a person from outside the state iii. He should be a detached figure and not too intimate connected with the local politics of the states iv. He should be a person who has not taken too great a part in politics generally and particularly in the recent past ? Steps should be taken to uniformly implement the three language formula in its true spirit ? The commissioner for linguistic minorities should be activated. The Central government has implemented 180 (out of 247) recommendations of the Sarkaria Commission. The most important is the establishment of the Inter State Council in 1990. ? Punchhi Commission/ Second Commission on Centre 2007 under former CJI M.M. Punchhi Important Recommendations: A permanent Inter-State Council called the Inter-Governmental Council should be set up under Article 263. Article 356 (President’s Rule) should be used very sparingly, in extreme cases as a last resort when all the available alternatives fail. The institution of All-India Services should be further strengthened and some more such services should be created. The residuary powers of taxation should continue to remain with the Parliament, while the other residuary powers should be placed in the The Centre should have powers to deploy its armed forces, even the consent of states. However, it is desirable that the states consulted. The procedure of consulting the chief minister in the appointment of the state governor should be prescribed in the Constitution itself. The governor’s term of five years in a state should not be disturbed except for some extremely compelling reasons. Selection of Governor on some concrete grounds: He should be eminent in some walk of life He should be a person from outside the state He should be a detached figure and not too intimate connected with the local politics of the states He should be a person who has not taken too great a part in politics generally and particularly in the recent past Steps should be taken to uniformly implement the three language formula in its true spirit. The commissioner for linguistic minorities should be activated. The Central government has implemented 180 (out of 247) recommendations of the Sarkaria Commission. The most important is the establishment of the Inter ssion/ Second Commission on Centre-state Relations 2007 under former CJI M.M. Punchhi Important Recommendations: Governmental Article 356 (President’s Rule) should be used very sparingly, in extreme cases as a last resort when all the available alternatives fail. India Services should be further strengthened The residuary powers of taxation should continue to remain with the Parliament, while the other residuary powers should be placed in the The Centre should have powers to deploy its armed forces, even of states. However, it is desirable that the states The procedure of consulting the chief minister in the appointment of the state governor should be prescribed in the Constitution itself. should not be disturbed He should be a detached figure and not too intimately He should be a person who has not taken too great a part in politics generally and particularly in the recent past Steps should be taken to uniformly implement the three language The commissioner for linguistic minorities should be activated. The Central government has implemented 180 (out of 247) recommendations of the Sarkaria Commission. The most important is the establishment of the Inter- state Relations- ? It underlined that ‘cooperative federalism’ will be the key for sustaining India’s unity, integrity and social and economic development in fut ? The Union should be extremely restrained in asserting Parliamentary supremacy in matters assigned to the states. Greater flexibility to states in relation to subjects in the State List and “transferred items” in the Concurrent List is the key for bett ? There should be a continuing auditing role for the Inter in the management of matters in concurrent or overlapping jurisdiction. ? The period of six months prescribed in Article 201 for State Legislature to act when t made applicable for the President also to decide on assenting or withholding assent to a state bill reserved for consideration of the President. ? Parliament should make a law on the subject of Entry 14 of List I (treaty making and implementing it through Parliamentary legislation) to streamline the procedures involved. ? While selecting Governors, the Central Government should adopt the following strict guidelines as recommended in the Sarkaria Commission report and a. He should be eminent in some walk of life b. He should be a person from outside the state c. He should be a detached figure and not too intimately connected with the local politics of the states d. He should be a person who in politics generally and particularly in the recent past ? Governors should be given a fixed tenure of five years and their removal should not be at the sweet will of the Government at the Centre. ? The procedure laid down for i mutandis can be made applicable for impeachment of Governors as well. ? Article 163 does not give the Governor a general discretionary power to act against or without the advice of his Council of Ministers. It underlined that ‘cooperative federalism’ will be the key for sustaining India’s unity, integrity and social and economic development in future. The Union should be extremely restrained in asserting Parliamentary supremacy in matters assigned to the states. Greater flexibility to states in relation to subjects in the State List and “transferred items” in the Concurrent List is the key for better Centre-state relations. There should be a continuing auditing role for the Inter-state Council in the management of matters in concurrent or overlapping The period of six months prescribed in Article 201 for State Legislature to act when the bill is returned by the President can be made applicable for the President also to decide on assenting or withholding assent to a state bill reserved for consideration of the Parliament should make a law on the subject of Entry 14 of List I treaty making and implementing it through Parliamentary legislation) to streamline the procedures involved. While selecting Governors, the Central Government should adopt the following strict guidelines as recommended in the Sarkaria Commission report and follow its mandate in letter and spirit: He should be eminent in some walk of life He should be a person from outside the state He should be a detached figure and not too intimately connected with the local politics of the states He should be a person who has not taken too great a part in politics generally and particularly in the recent past Governors should be given a fixed tenure of five years and their removal should not be at the sweet will of the Government at the The procedure laid down for impeachment of President, mutatis mutandis can be made applicable for impeachment of Governors as Article 163 does not give the Governor a general discretionary power to act against or without the advice of his Council of Ministers. It underlined that ‘cooperative federalism’ will be the key for sustaining India’s unity, integrity and social and economic The Union should be extremely restrained in asserting Parliamentary supremacy in matters assigned to the states. Greater flexibility to states in relation to subjects in the State List and “transferred items” in state relations. state Council in the management of matters in concurrent or overlapping The period of six months prescribed in Article 201 for State he bill is returned by the President can be made applicable for the President also to decide on assenting or withholding assent to a state bill reserved for consideration of the Parliament should make a law on the subject of Entry 14 of List I treaty making and implementing it through Parliamentary legislation) While selecting Governors, the Central Government should adopt the following strict guidelines as recommended in the Sarkaria follow its mandate in letter and spirit: He should be a detached figure and not too intimately has not taken too great a part in politics generally and particularly in the recent past Governors should be given a fixed tenure of five years and their removal should not be at the sweet will of the Government at the mpeachment of President, mutatis mutandis can be made applicable for impeachment of Governors as Article 163 does not give the Governor a general discretionary power to act against or without the advice of his Council of Ministers. ? In respect of bills passed by the Legislative Assembly of a state, the Governor should take the decision within six months whether to grant assent or to reserve it for consideration of the President. ? On the question of Governor’s role in appointment of Chief Minister in the case of a hung assembly, it is necessary to lay down certain clear guidelines to be followed as Constitutional conventions. These guidelines may be as follows: a. The party or combination of parties which commands the widest support in the Legislative Assemb form the Government. b. If there is a pre one political party and if such coalition obtains a majority, the leader of such coalition shall be called by the Governor to form the Government. c. In case no party or pre Governor should select the Chief Minister in the order of preference indicated here. i. ii. iii. iv. ? On the question of dismissal of a Chief Minister, the Governor should invariably insist on the Chief Minister proving his majority on the floor of the House for which he should prescribe a time limit. ? On the question of in Constitutional machinery in states, suitable amendments are required to incorporate the guidelines set forth in the landmark judgement of the Supreme Court in S.R. Bommai V. Union of India (1994). s passed by the Legislative Assembly of a state, the Governor should take the decision within six months whether to grant assent or to reserve it for consideration of the President. On the question of Governor’s role in appointment of Chief Minister hung assembly, it is necessary to lay down certain clear guidelines to be followed as Constitutional conventions. These guidelines may be as follows: The party or combination of parties which commands the widest support in the Legislative Assembly should be called upon to form the Government. If there is a pre-poll alliance or coalition, it should be treated as one political party and if such coalition obtains a majority, the leader of such coalition shall be called by the Governor to form vernment. In case no party or pre-poll coalition has a clear majority, the Governor should select the Chief Minister in the order of preference indicated here. The group of parties which had pre-poll alliance commanding the largest number The largest single party staking a claim to form the government with the support of others A post-electoral coalition with all partners joining the government A post-electoral alliance with some parties joining the government and the remaining including independents supporting the government from outside On the question of dismissal of a Chief Minister, the Governor should invariably insist on the Chief Minister proving his majority on the the House for which he should prescribe a time limit. On the question of invoking Article 356 in case of failure of Constitutional machinery in states, suitable amendments are required incorporate the guidelines set forth in the landmark judgement of Supreme Court in S.R. Bommai V. Union of India (1994). s passed by the Legislative Assembly of a state, the Governor should take the decision within six months whether to grant On the question of Governor’s role in appointment of Chief Minister hung assembly, it is necessary to lay down certain clear guidelines to be followed as Constitutional conventions. These The party or combination of parties which commands the widest ly should be called upon to poll alliance or coalition, it should be treated as one political party and if such coalition obtains a majority, the leader of such coalition shall be called by the Governor to form poll coalition has a clear majority, the Governor should select the Chief Minister in the order of poll alliance le party staking a claim to form the electoral coalition with all partners joining electoral alliance with some parties joining the government and the remaining including rting the government from On the question of dismissal of a Chief Minister, the Governor should invariably insist on the Chief Minister proving his majority on the the House for which he should prescribe a time limit. voking Article 356 in case of failure of Constitutional machinery in states, suitable amendments are required incorporate the guidelines set forth in the landmark judgement of Supreme Court in S.R. Bommai V. Union of India (1994).Read More
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