International Journal of Research p-ISSN: 2348-6848 e-ISSN: 2348-795X Available at https://edupediapublications.org/journals Volume 02 Issue 09 September 2015

Sarkaria Commission & Federal Relations in : An Overview

Joginder Singh Research Scholar Department of Political Science, M.D.U., Rohtak (Haryana) E-mail: [email protected] ABSTRACT:

The way in which Governors had used their discretionary powers to serve the interests of the Centre in appointment of a Chief Minister as by Governor Tapase in Haryana and Governor Jagmohan in appointing G.M. Shah as the Chief Minister by dismissing the Government of N.T. Rama Rao by Governor Ram Lal in 1984 or in reservation of Bills passed by the State legislature for the consideration of the President, had come in for a very sharp criticism. In some cases particular individuals were appointed as Governors in disregard of the opposition by the Chief Minister. The Srinagar conclave‟ document therefore charged that Governor had frequently acted in violation of the spirit of the constitution and asked for an end to their discretionary power. The Commission took note of these violations and partisan working and also of their continuing active role in politics in some cases. It found that 60 percent of the Governors had taken active part in politics, many of them immediately prior to their appointment. Appointment of eminent persons shows a steep fall from 1980 onwards. While a recommendation was made for a suitable amendment to ensure that a Governor is selected following effective consultation with the Chief Minister of the State, for the rest it advised about development of healthy conventions. The present research paper highlights various suggestions made by Sarkaria Commission in the perspective of federal relations in India.

KEYWORDS: Federal Relations, Sarkaria Commission, Role of Governor, Article – 356, Inter-State Council, NDC.

INTRODUCTION: The radical relations continued unabated by Non- suggestion deleting several articles goes a Congress states like Andhra Pradesh, long way to change the basic nature and Karnataka, West Bengal, Kerala, Assam, structure of the Indian Constitution. But Tripura, Tamil Nadu and Jammu & the demand for restructuring Centre-state Kashmir. This forced Government of India

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to set up a commission under the Governor should test the majority support chairmanship of Justice R.S. Sarkaria to for a Chief Minister only on the floor of go into the question and recommend the Legislative Assembly. Under appropriate changes within the Article 154 (1) of the Constitution, the constitutional framework in August 1983. executive powers of the state are vested in The Commission took four years to the Governor. The Constitution provides complete its deliberations and submitted for the appointment of the Governor of its report on October 27, 1987. The each state by the President on the advice Commission made a total of 247 of the Union Council of Ministers. The recommendations of which 24 were role of Governor is vital in the smooth rejected, 10 were not considered wholly conduct of the relations between the relevant and 36 accepted with Centre and the States. In actual practice, modifications. One hundred and nineteen however, the Governor is appointed by the recommendations are reported to have Central Government to act as its won the government‟s full acceptance. representative at the state capital. In The present research paper highlights normal times, the Governor is the nominal some main recommendations of Sarkaria head of the state. However, in exceptional Commission. conditions, he can exercise his discretionary authority and even RECOMMENDATIONS OF THE COMMISSION: The Commission has recommend to the President the dismissal made a large number of recommendations of the government. The power of declare a which need to be considered as a package. state of Emergency is the most effective The more important of these tool in the hands of the Governor. During recommendations relate to: the President‟s rule, the Governor is vested with executive authority to carry ROLE OF GOVERNOR: Only out the functions of the state government. eminent persons, who are not active politicians, should be appointed as The Central Government‟s control governors, the selection should be made in over states through Governors became one consolation with the Vice President of of the controversial issues in Centre-state India, Speaker of the Lok Sabha and Chief relations. One of the major criticisms Minister of the state concerned, the against the Governors was that „they were

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acting as Center‟s agents and were Centre appointed Governor played an accused of their partisan role‟. They unfortunate role, bringing the status and repeatedly acted against the State integrity of the governorship into governments and the legislature, setting considerable disrepute. The Governor aside all democratic norms. The often tended to use his/her discretionary recommendation to impose the President‟s powers and interfered in matters relating rule by the Governors, particularly in a to administration and legislation which go politically conflicting context without beyond the provisions of the Constitution. exploring all possibilities of having an With the institution of Governor alternative government raised questions on increasingly embroiled in controversy, the the integrity of the Governor as State governments demanded for a greater representative of the Centre. say in the appointments and the dismissal

The interventionist character of the of the Governors, apart from seriously Governor‟s power to return bills passed by reviewing the nature and extent of their the State government on mattes other than discretionary powers. In order to prevent Money Bills became another major area of the misuse of the discretionary powers of the Governor, many recommendations controversy. Governor, under Article 200 of the Constitution, can reserve certain were made by different committees and bills passed by State Legislatures for commissions. Some of them are as consideration of the President, Under follows: Article 201, the President may give his The Sarkaria Commission Report assent to such bills at his will, without a made following recommendations with time-limit, or exercise his veto power kept regard to the appointment of the pending. The Union government misused Governor: the provision extensively. This has  He should be an eminent person. undermined the legislative autonomy of  He should be a person from the states. From 1977 to 1985, some 1,130 outside the state. state bills were reserved for the President‟s consideration.  Must not have participated in active politics at least for sometime This has also made the role of before his appointment. governor critical and controversial. The

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 He should be a detached person be given a chance to prove the and not too activity connected with same.

the local politics of the state.  If the President‟s rule shall be  He should be appointed in imposed, it should be publicized in consolation with the Chief the media.

Minister of the state, Vice- ARTICLE–356: Invoking of Article 356 and the Speaker has been the subject of considerable of the Lok Sabha. controversy and debate. Article 356 was  His tenure of office must be first invoked in July 1959 against the guaranteed and should not be Communist government, led by EMS disturbed, except for extremely Namboodiripad in Kerala. Since then, the compelling reasons. Article has been abused several times to dismiss politically inconvenient  After demitting his office, the governments. From 1950 till date, various person appointed as Governor political parties ruling at the Centre should not be eligible for any other enforced/misused Article 356 on more appointment or office of profit than 120 occasions. In many cases, State under the Union or a State governments, which enjoyed majority in government except for a second the Assembly, were dismissed. And in term as Governor or election as other cases, State governments were Vice-President or President of dismissed without being given an India, as the case may be. opportunity to prove their strength on the  At the end of his tenure, reasonable floor of the House. post-retirement benefits should be Article 356 was miscued to provided. dismiss the States government of an  In case, none of the political opposition party or to manipulate political parties secure absolute majority to advantages to favour a practical party or form the government or even if the individual. The Centre used this provision ruling party loses its mandate on to serve its own political interests. It has the floor of the house, they should rarely taken into account the Article 355

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before making proclamation under Article be dispensed with only in cases of extreme 356. Political misuse of this provision has urgency where failure on the part of the been extensive, particularly by the Union to take immediate action under Congress ruled Centre. From 1967 Article 356 would lead to disastrous onwards, when the Non-Congress State consequences. The alternatives suggested governments were voted to power at the by the Sarkaria Commission include issue state level, the Congress invoked Article of a warning to the errant state in specific 356 to dismiss the duly elected State terms that it is not carrying on the governments. government of the state in accordance

By the mid-1980s, the emergence with the Constitution. It had also of the BJP and a number of regional suggested that before taking action under political parties not only challenged the Article 356, any explanation received one-party dominance of Congress party from the state should be taken into but also questioned the arbitrary use a account. Prior to invoking Article 356, the Article 356 and the partisan role of the commission recommended that it should Governor. In response to the demand by be a „speaking document‟ containing a precise and clear statement of all materials several opposition leaders, Indira Gandhi, on 24 March, 1983 appointed a facts and grounds. commission headed by Justice R.S. INTER-GOVERNMENTAL Sarkaria to go into the Centre-State COUNCIL: An inter Governmental relationship. Council should be set up under Article 263

The Sarkaria Commission made 12 comprising the Prime Minister, all Chief recommendations relating to Article 356. Ministers and Union Cabinet Ministers to The Commission recommended that the deal with all major problems, other than article should be resorted to “Very economic and developmental, between sparingly, in extreme cases as a measure Union, state and local governments, the of last resort, when all available Council should be assisted by a small alternatives fail to prevent or rectify a Standing Committee of Ministers and an breakdown of the constitutional machinery Advisory Committee of experts; Zonal in the state.” The Commission had said councils should first consider zonal inter- that the alternatives to Articles 356 might state problems before they are taken up by

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the Inter-Governmental Council. LANGUAGE POLICY: Overzealous official or state language policy can be a ECONOMIC AND DEVELOPMENT COUNCIL: The present National very counter-productive and divisive Development Council should be force; Articles 347, 350 and 351 should be reconstituted under Article 263 as implemented purposefully and in their true Economic and Development Council with spirit, three language formula should be a small Standing Committee and a nexus enforced scrupulously and uniformly and with the Planning Commission to deal tendency in some states to have virtual two or four language formulae, ate the with all economic and development problems‟ State Finance and Planning cost minorities, should be firmly curbed‟ Boards should be strengthened and Rashtrabhasha should be simplified. function as the link between the National Incumbents of constitutional offices and Planning Commission and state other sentinels of the polity should be governments on the one hand and provide selected from among persons of admitted financial assistance and development competence and integrity and provided advice to the districts on the other; District with reasonable security of tenure. level planning should be given high STATE BILLS: Decision re-assent priority and a part of Entry 5 of State List should be given within four months. I may be transferred to concurrent list to fully agree with the conclusions and ensure regular elections to and functioning recommendations of the Report of the of Zila Parish ads and municipalities by an Commission. If these are carefully listed, all India statute. considered and accepted by our

FINANCE: Corporation tax should be legislatures and implemented by the made shareable with states, certain other executive, it should help bring about levies, loan procedures and foreign significant improvement in relations exchange municipal bonds should be tax between Union, state and local exempt; Centrally sponsored schemes governments. But it is also my considered should be strictly limited as per opinion that this itself will not be enough. recommendations of Ramamurti Because of its anxiety not to appear to go Committee. beyond its terms of reference and create undue controversy, the Commission has

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avoided dealing with importance issues the other hand, it held that the centre like our system of government, political should consult the states on concurrent parties and system of election, resulting in subject. The commission also did not excessive politics of confrontation. These favour restrictions on the powers of the also have counterproductive effects on center to deploy armed forces in the states, Union state relations and need careful even though it favoured consultations with consideration. the concerned state governments before these forces are actually deployed in the STRONG CENTRE SHOULD states. CONTINUE: The Sarkaria Commission favours the retention of a strong centre. It SUPPORT FOR COOPERATIVE family rejects the demand for the FEDERALISM: The Report favours curtailment of the powers of the centre in greater cooperation between centre and the interest of national unity and integrity. states. It wants an end of confrontation “We absolutely need to have a strong which has been a feature of Centre-State centre and there is no doubt about it. relations in India for the last few years. Without that everything will wither This can be achieved through frequent away.” The commission does not favour consultations between the centre and the fundamental changes in the provisions of states and by avoiding unilateral decisions the constitution and asserts that the by the Centre. It also wants greater constitution has worked reasonably well cooperation between the centre and the and withstood the stresses and strains of states in the matter of formulation of plans the heterogeneous society in the throes of and their implementation. The commission change. However, along with it, the report is quite critical of the manner in which accepts the importance of preventing vital democratic traditions and undue centralism. conventions have been dealt with by the governments of late and expediency has REJECTION OF DEMAND FOR THE sometimes been given precedence over TRANSER OF SOME SUBJECTS OF wisdom and short-term advantages over STATE LIST TO THE CONCURRENT LIST : The commission long-term benefits. rejected, demand for the transfer of certain RECOMMENDATIONS state subjects to the concurrent List. On REGARDING THE ISSUE OF

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APPOINTMENT OF CHIEF be set up as a permanent body. Apart from MINISTER: The Report suggests that the looking into Centre-State disputes it leader of the majority party in the state should also study matters relating to socio- legislature should be appointed as Chief economic development of the country and Minister. If no single party enjoys a clear- planning. This body should include all the cut majority in the State Legislature, the Chief Ministers, representatives of Union person who is likely to command a territories, all Union Cabinet Ministers majority in the Assembly be appointed and also other central and State Ministers Chief Minister by the Governor. In such a as becomes necessary. Since it would be a case it should be obligatory for the Chief very large body, a standing committee of Minister to seek majority vote in the the IGC should be set-up under the Assembly within 30 days. chairmanship of P.M. and six chief ministers, each belonging to one zone of RECOMMENDATION REGARDING the country. This standing committee SUMMONING OF THE SESSIONS would meet „in camera‟ at least once in OF THE STATE LEGISLATURE: Generally the Governor should convene tow months and then the Centre-State coordination would be more effective. the sessions of State Assembly only on the recommendations of the State Minister, NATIONAL DEVELOPMENT but under certain circumstances he can COUNCIL: The NDC should be given a make use of his discretion in the matter of formal or constitutional status and its summoning the session of the State duties and functions should be clearly Legislature. Article 263 of the defined. Its name should be changed to Constitution says about the setting up of become „National Economic and Inter-State council to look into matters of Development Commission. Centre-State dispute and recommend or SOME OTHER suggest steps for their resolution and the RECOMMENDATIONS: President is enjoined upon to implement  No commission of Inquiry should the recommendations of this body but the be set up against a Union or State Commission has recommended that this Minister to investigation charges Article should be amended in a way that of corruption of abuse of power Inter-Governmental council (IGC) should

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unless such a resolution is first act effectively in the country. passed by the Parliament by simple  Terms of Reference of the Finance majority. Commission should be determined  Regarding the administration of by the Centre in consolation with Union Territories, the Commission the States, and the existing division has recommended that there should of responsibilities between the be a special standing committee for should each such unit under the charge of continue. the Union Home Minister so that  A Zonal Council should be the problems could be looked into constituted to provide a forum, for expeditiously. the first level discussion on most,  The vacancies of High Court if not all, issues of regional and Judges should be filled within a inter-state relevance. time schedule. The Chief Justice of  Sarkaria Commission recommends India should also consult a High that residuary powers of legislation Court Judge before advising the in regard to taxation matters should President for his transfer from one remain with Parliament, while the High Court to another. residuary field, other that of  The Centre should have full power taxation, should be placed in the to decide a matter relating to Concurrent List. The Constitution deployment of its armed forces or may be suitably amended to give paramilitary forces in any state for effect to this recommendation.

the maintenance of law and order CONCLUSION: Thus , the Commission and in such matters the State has wisely suggested measures relating to should give full cooperation. the office of the Governor and proper use  The Centre should make laws to of Article 356 and no consideration was implement the scheme of given to the sensitive, rather dangerous democratic decentralization in the implications of the Anandpur Sahib country, Regular elections should Resolution, because granting much be held so that local bodies may autonomy to the states at the cost of the

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powers of the Centre would not have been Punchi Commission and would establish in the national interest. The harmonious federal relations with the successive Central governments in India states. failed to implement the recommendations REFERENCES: of the Sarkaria Commission. Out of 247 . A. L. Gupta and Others, (ed.), recommendations made by Sarkaria Confrontational Politics in India, Commission, only two recommendations Commonwealth Publishers, New had been accepted, the one is that the Delhi, 1989. Inter-State Council has been create by the . Bidhut Chakarborty, Centre-State Act of the Parliament. But its meetings are Relations in India, Segments not held regularly. Secondly powers had Book, Allahabad, 1990. been devalued to the local government . S.C. Arora, Current Issues and institutions by enacting 73rd and 74th Trends in Centre-State Relations, Constitutional Amendment Acts. It is Mittal Publication, New Delhi, alleged that the recommendations of 1991. Sarkaria Commission are palliatives and . S.S. Tiwana, “Centre- State note creative. On matters of vital Relations in India: A Plea for State importance to the healthy growth of Indian Autonomy”, Punjab Journal of democracy, instead of examine actual Politics, Vol. 26 (1), 2002. misuse of constitutional provisions by the . R.P. Bhatia, “Evolution and Union Government and suggesting Strengthening of Union State safeguards to prevent them in future, the Relations in India”, Vidhanmala, Sarkaria Commission has played to the No. 1-2, January – Dec. 2004. tune of the Union Government thereby . S.A. Palekar, Political System in accepting its centralising powers as India, ABD Publisher, Jaipur, inevitable. But the commission failed to 2006. perceive certain inherent defects in the . S.K. Mehra and Others, “Role of original allocation of powers, between the Governor in Indian Federal Union and the States. Recently BJP Govt. System- New Dimensions under has stated that it will act on the Article 356”, Vidhanmala No. 1, suggestions of Sarkaria Commisison and June 2008.

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. P.D. Sharma, Indian Administration: Retrospect and Prospect, Rawat Publication, Jaipur, 2009. . K. Dhiravidamani, “Article-356 and Centre-State Relations”, Third Concept, Vol. 25 (247) Nov. 2011. . R.K. Jha, Fundamentals of Indian Political System, Pearson Education, New Delhi, 2012. . B.L. Pharia, Indian Govt. and Politics, Sahitya Bhawan, Agra, 2014.

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