Rajamannar Committee Report - CLAT PG PDF Download

Rajamannar Committee Report 

The DMK government of Tamil Nadu appointed a Commission to suggest changes in Union-State relations, aiming for greater State autonomy within the federal framework. The Committee, led by P.V. Rajamannar, a retired Chief Justice of the Madras High Court, presented its report on May 27, 1971.

 Key Recommendations of the Rajamannar Committee 

•  Transfer of Subjects:  The Committee proposed transferring various subjects from the Union and Concurrent Lists to the State List. It recommended that the  residuary powers of legislation and taxation  be granted to State Legislatures.
•  Inter-State Council:  Formation of an Inter-State Council with Chief Ministers of all States or their nominees, chaired by the Prime Minister.
•  Abolition of Planning Commission:  The existing Planning Commission should be replaced by a statutory body of experts, with States having their own Planning Boards.
•  Deletion of Central Directives:  The Committee suggested removing articles that empower the Centre to issue directives to States or take over State administration, opposing the Central Government's emergency powers.
•  Equal Representation in Rajya Sabha:  Every State should have equal representation in the Rajya Sabha, regardless of population.
•  Appointment of Governors:  Governors should be appointed by the President in consultation with the State Cabinet, and a person holding this office should not be appointed to any other government position.
•  Recruitment to Services:  Amend Article 312 to prevent the creation of new All-India cadres in the future.
•  High Courts as Highest Courts:  State High Courts should be the highest courts for all matters within State jurisdiction.
•  Territorial Integrity:  Interference with a State's territorial integrity should only occur with the State's consent.
•  Tax Revenue Sharing:  States should receive a share of tax revenues from corporation tax, customs and export duties, tax on capital value of assets, and excise duties.

Sarkaria Commission Report (1983-1988) 

The Sarkaria Commission was set up by the Central Government in  June 1983  to address the issues affecting the relationship between the Centre and the States. Chaired by Justice R.S. Sarkaria, the Commission aimed to recommend reforms for a fair distribution of powers between the Union and the States. It submitted its report in  1988  .

 Major Recommendations 

•  Union-Centric Approach with Flexibility:  The Commission's recommendations generally favored the Centre, emphasizing national unity and integrity. However, it advocated for the liberal use of  Article 258  , which allows the Centre to delegate authority to the States in specific matters.
•  Prudent Use of Article 356:  It advised against the frequent use of  Article 356  (President's Rule) and recommended exploring all alternative government formations before imposing it. Additionally, it suggested that State Assemblies should not be dissolved without parliamentary approval.
•  Inter-Government Council:  The formation of an Inter-Government Council, comprising the  Prime Minister  and Chief Ministers, was recommended to address issues causing friction between the Centre and the States.
•  Governorship Reforms:  The Commission rejected the idea of abolishing the Governor's office but suggested that active politicians should not be appointed as Governors. It also recommended that Governors should not belong to the ruling party at the Centre when the State and Centre are governed by different parties. Retiring Governors should be barred from accepting any office of profit.
•  All India Services:  Rather than disbanding All India Services, the Commission favored the addition of new All India Services for the country's integrity.
•  Three-Language Formula:  The true implementation of the three-language formula was recommended in all States to promote national unity and integrity.
•  Inter-State Councils:  The Commission strongly advocated for the establishment of Inter-State Councils to facilitate cooperation and coordination among States.
•  Judicial Transfers:  High Court Judges should not be transferred without their consent, ensuring judicial independence.
•  Tax Division:  While not favoring drastic changes in the tax division scheme, the Commission supported the sharing of  corporation tax  and  every consignment tax  .
•  Finance and Planning Commissions:  The existing division of functions between the  Finance Commission  and the  Planning Commission  was deemed reasonable, and the continuance of the existing arrangement was favored.

Recommendations of Commissions

The Administrative Reforms Commission (1968) made several recommendations regarding the role of the Governor in the context of President's Rule in India. Here are the key points:

 Governor's Report to the President 

• The Commission emphasized that the Governor's report should be  objective  and based on his own  judgment  , rather than influenced by the ministers or the Centre.
• The Governor is expected to report the facts as he sees and interprets them, exercising his own judgment.

 Role of the Governor under President's Rule 

• When President's Rule is imposed, the Governor should act under the  direction  of the Union Government.
• The Governor may be tasked with  administering  the state under the overall direction of the Union Government.

 Governors' Committee (1971) 

• Established by President  Y.V. Giri  , headed by Governor  Bhagwan Sahay  .
• The Committee emphasized the Governor's responsibility to ensure that  state administration  does not break down due to  political instability  .
• Regular reports should be sent by the Governor regarding the  political situation  in the state.
• The Governor should report any serious  internal disturbances  or external threats to the President, which may necessitate action under Article 356.

 Guiding Principles for Governors 

• The Committee recommended that Governors should act according to their  best judgment  , maintaining guiding principles as far as possible.
• The Governor's actions should not disturb the  responsible government  in the state lightly.

These recommendations were aimed at providing a framework for the Governor's role in maintaining political stability and ensuring effective administration in the states, especially during periods of political turmoil or when President's Rule is in effect.

 Rajamannar Committee Recommendations on Articles 356 and 357 

The Rajamannar Committee, formed in 1969 under the DMK government in Tamil Nadu, recommended significant changes regarding Articles 356 and 357 of the Indian Constitution.

 Key Recommendations 

• The Committee  recommended deleting Articles 356 and 357  from the Constitution.
• If retained, it suggested  adding safeguards  to protect states from arbitrary central actions under Article 356.
• It emphasized that the  Governor should act as the constitutional head  of the state, not as an agent of the Centre.
• The  tenure of state ministries  should not depend on the Governor's pleasure but on their majority in the Legislative Assembly.
• The Committee  recommended exploring all options  before imposing President's Rule and suggested that the  Legislative Assembly  should have a say in such decisions.
• It also proposed that  President's Rule  should not be imposed for failures to implement Union directions unless there is a complete breakdown of law and order.
• The recommendations aimed to  enhance state autonomy  and prevent misuse of President's Rule provisions.

 Rejection and Impact 

• The Union Government  rejected  these recommendations, considering the deletion of Articles 356 and 357 as  not feasible for national unity  and constitutional functioning.
• Despite being  rejected  , the Rajamannar Committee's suggestions highlighted important issues of  state autonomy  and the balance of power between the Centre and states.
• Over time, the  issues raised by the Committee have remained relevant  in discussions about Centre-State relations and federalism in India.

The Sarkaria Commission Report (1988) on Centre-State Relations 

The Sarkaria Commission, established in 1983 and chaired by Justice R.S. Sarkaria, aimed to review and suggest reforms for Centre-State relations in India. The Commission's report, submitted in 1988, addressed various aspects of Article 356, which deals with the imposition of President's Rule in states.

 1. Rare Usage of Article 356 

• The Commission recommended that Article 356 should be invoked only in  extreme cases  when all other alternatives fail to address a breakdown of constitutional machinery in a state.

 2. Warning Before Action 

• A warning should be issued to the state government before taking action under Article 356, indicating that it is not functioning in accordance with the Constitution.

 3. Use of Article 355 

• In cases of  external aggression  or  internal disturbance  paralyzing state administration, the Union government should utilize Article 355 before considering Article 356.

 4. Political Breakdown 

• During a political breakdown, the Governor should attempt to install a government with majority support in the State Assembly. If not feasible, the outgoing Ministry may act as a caretaker government.

 5. Proclamation of President's Rule 

• The proclamation of President's Rule should be placed before both Houses of Parliament within two months for approval.

 6. Dissolution of State Assembly 

• The State Assembly should not be dissolved until the Proclamation under Article 356 has been laid before Parliament and considered.

 7. Safeguards for Proclamation Review 

• Clauses (7) and (8) of Article 352 should be incorporated into Article 356 to enable parliamentary review of the Proclamation's continuance.

 8. Material Facts in Proclamation 

• The material facts and grounds for invoking Article 356 should be included in the Proclamation.

 9. Governor's Report on Article 356 

• The Governor's report regarding Article 356 should be a 'speaking document' and placed before each House of Parliament.

 10. Publicity of Governor's Report 

• The Governor's report leading to Article 356 proclamation should be widely publicized in the media.

 11. Amendment in Article 356 (5) 

• The word 'and' between sub-clauses (a) and (b) in Clause (5) of Article 356 should be replaced with 'or'.

 Constitutional Structure and Federal Relations 

• The Sarkaria Commission's recommendations aim to prevent the misuse of President's Rule provisions and promote  cooperative federalism  .
• Despite the lack of political will for implementation, the suggestions are valuable for enhancing  Centre-State relations  .
• The Commission's efforts reflect the ongoing challenges in Union-State relationships and the need for a balanced approach.

 Background 

The Venkatachaliah Commission (2002) made several recommendations regarding the use of Article 356, which deals with the imposition of President's Rule in Indian States. The Commission emphasized that Article 356 should be used sparingly and only as a last resort, after exhausting other options such as Articles 256, 257, and 355.

 Key Recommendations of the Commission 

•  Use of Article 356:  The Commission stressed that Article 356 should be a last resort, used only after other Articles like 256, 257, and 355 have been tried.
•  Political Breakdown:  In cases of political breakdown, the concerned State should be given a chance to explain and rectify the situation before a proclamation under Article 356 is made.
•  Confidence of the Assembly:  The determination of whether the Council of Ministers has lost the confidence of the State Assembly should be made on the floor of the House.
•  Election of Chief Minister:  The election of the Chief Minister and removal of the Government should only be through a constructive vote of no-confidence.
•  Governor's Report:  President's Rule should be based on the Governor's report, which should be a clear and precise document outlining the reasons for the recommendation.
•  Continuation of President's Rule:  Provisions were suggested for the continuation of President's Rule even if elections cannot be held, and for the revocation of such proclamations by the Lok Sabha.
•  Dissolution of Legislative Assembly:  The Legislative Assembly should not be dissolved before the proclamation of President's Rule is laid before Parliament.
•  Implementation of Suggestions:  The suggestions of the Constitution Review Commission were deemed useful for checking the misuse of President's Rule provisions.

The Commission's recommendations aimed to ensure a more judicious and accountable use of Article 356, balancing the need for intervention in cases of political instability with respect for the democratic process.