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Comments of State on Recommendations of Centre State Relations Commission

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Comments of State on Recommendations of Centre State Relations Commission Comments of State on recommendations of Centre State Relations commission 1 CONTENTS Page Number Volume -II Constitutional Governance and Management of Centre- 3-19 State Relations Volume -III Centre State Financial Relations & Planning 20-42 Volume -IV Local Self Governments & Decentralized Governance 43-49 Volume –V Internal Security Criminal Justice and Centre-State 50-83 Cooperation Volume -VII Socio Economic Development Public Policy and Good 84-104 Governance 2 Volume - II Constitutional Governance and Management of Centre-State Relations 3 11.4 Bills reserved for consideration of the President S.N. Para No Recommendation of the Commission Views of Punjab Government 1 11.4.01 Article 201 empowers the President to assent or withhold assent to a Bill Any Bill presented to the reserved by a Governor for the President's consideration. If the President President by Governor for returns the Bill with any message, the State Legislature shall reconsider the consent must be Bill accordingly within a period of six months for presentation again to the considered during the life Presidentforhisconsideration. [Para3.6.02] time of the State 2 11.4.02 States have expressed concern that Bills so submitted sometimes are legislature. In no case, indefinitely retained at the Central level even beyond the life of the State the time limit prescribed Legislature. Allowing the democratic will of the State Legislature to be for the President to decide thwarted by Executive fiat is questionable in the context of 'basic features' of on the Bill should be more the Constitution. Therefore the President should be able to decide than six months. consenting or withholding consent in reasonable time to be communicated to the State. In the Commission's view, the period of six months prescribed 219 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 Bill reserved for consideration of the President. [Para 3.6.03] 4 11.6 Appointment and Removal of Governors S.N. Para No Recommendation of the Commission Views of Punjab Government 3 11.6.01 Given the status and importance conferred by the Constitution Existing pattern is OK. on the office of the Governor and taking into account his key role in maintaining Constitutional governance in the State, it is important that the Constitution lays down explicitly the qualifications or eligibility for being considered for appointment. Presently Article 157 only says that the person should be a citizen of India and has completed 35 years of age. 4 11.6.02 The Sarkaria Commission approvingly quoted the eligibility Existing pattern is OK. However, it criteria that Jawaharlal Nehru advocated and recommended its is opined that while appointing adoption in selecting Governors. Governor, active consultation of the State Government should be taken These criteria are: 221 1. He should be eminent in some walk of in view. States must have life 2. He should be a person from outside the State 3. He should independent Governors and not be a detached figure and not too intimately connected with the additional charge as at present. local politics of the States; and 4. He should be a person who has Additional charge in case of not taken too great a part in politics generally and particularly in emergency should not be more than the recent past. one month. 5 11.6 Appointment and Removal of Governors S.N. Para No Recommendation of the Commission Views of Punjab Government 5 11.6.03 The words and phrases like "eminent", "detached figure", "not It is not agreeable. It is opined that taken active part in politics" are susceptible to varying persons of repute and eminence, interpretations and parties in power at the Centre seem to who have contributed/sacrificed/ have given scant attention to such criteria. The result has been worked for the service of the politicization of Governorship and sometimes people society should be eligible for the unworthy of holding such high Constitutional positions getting appointment of Governors. Instead appointed. This has led to some parties demanding the of qualification, integrity and abolition of the office itself and public demonstration against mental capability of the person some Governors in some States. This trend not only should be given due weightage. undermines Constitutional governance but also leads to unhealthy developments in Centre-State relations. [Para 4.4.04] 6 11.11 "Local emergency" under Article 355 and 356 S.N. Para No Recommendation of the Commission Views of Punjab Government 6 11.11.01 Given the strict parameters now set for invoking the emergency State assembly should not be dissolved in provisions under Articles 352 and 356 to be used only as a case of imposition of the emergency. measure of "last resort", and the duty of the Union to protect Central Govt. may provide any type of States under Article 355, it is necessary to provide a assistance in the field of law and order, in Constitutional or legal framework to deal with situations which financial terms or otherwise in case of require Central intervention but do not warrant invoking the internal/ external aggression. No such extreme steps under Articles 352 and 356. Providing the power for dissolution of the State framework for "localized emergency" would ensure that the Government should be given to Union State Government can continue to function and the Assembly Govt. in Article 352 and 355. Emergency would not have to be dissolved while providing a mechanism to should be imposed in rare of the rarest let the Central Government respond to the issue specifically cases. Administration should be left to the and locally. The imposition of local emergency, it is submitted, wisdom of the State Government. is fully justified under the mandate of Article 355 read with Entry 2A of List I and Entry 1 of List II of the Seventh Schedule. It is submitted that Art. 355 not only imposes a duty on the Union but also grants it, by necessary implication, the power of doing all such acts and employing such means as are reasonably necessary for the effective performance of that duty. [Para5.4.21] 7 11.12 Power of Union to give directions to State S.N. Para No Recommendation of the Commission Views of Punjab Government 7 11.12.03 Another related issue is about the term 'existing laws" used in Article The state should comply to laws 256 Summary of Conclusions and Recommendations 228 Report of including Presidential Ordinances the Commission on Centre-State Relations which are in addition to and international treaties and laws made by Parliament to which the executive power of State shall customary international laws ensure compliance. The Commission is of the view that these relate which are applicable to it. to other laws including Presidential Ordinances and international treaties and customary international law applicable to the State concerned. Rule of Law demands executive compliance of all laws. Article 51 warrants it and there can be no exception unless a law specifically authorizes deviation. 8 11.12.04 A question is raised whether the scope of Article 257 Clause (3) should Only advisory note/guiding be widened besides railways to include other vital installations like principles should be issued by the major dams, space stations, nuclear installations, communication Union Govt., if any deficiency is centres etc. The Commission is of the opinion that the executive power observed by them on part of the of the Union shall also extend to the giving of directions to a State as to State Govt. in safeguarding central the measures to be taken for the protection of Union property property. No administrative declared by the Union Government to be of national importance. interference of Union Govt. should Clause (3) of Art. 257 should accordingly be amended. be there in such cases. However from defence point of view, important installations like [Para 6.3.05 & 6.3.06] nuclear, space stations may be included in addition to the railways. 8 11.12 Power of Union to give directions to State S.N. Para No Recommendation of the Commission Views of Punjab Government 9 11.13.01 Federalism is a living faith to manage diversities Union Govt. is controlling the economy of and it needs to be supported by institutional State Govt. by increasing day to day mechanisms to facilitate co-operation and co- interference in the State matters. In this way ordination among the Units and between the Units the Centre is taking over the powers of State and the Union. Co-operative federalism is easily Govt. and States have been reduced to the endorsed but difficult to practice without adequate status of dignified Municipal Committees. means of consultation at all levels of government. Federalism would be operative in the real [Para 6.4.05] sense if (i) Union Government’s Interference is minimum and only in unavoidable circumstances in State matters. (ii) For matters in Concurrent Lists’, due weightage should be given to the opinion of the State Government. (iii) (iii) For matters of Central Lists, consultation of effected States may be duly taken in view. 9 11.13 Co-ordination between States, Centre-State Relations and Inter-State Council S.N. Para No Recommendation of the Commission Views of Punjab Government 10 11.13.03 Though the Article does not provide a dispute settlement All the Administrative disputes function to the Council, it envisages the Council to inquire into should be promptly/actively and advise on disputes between States towards settlement of settled by the Inter State Council contested claims. The Commission is of the view that the (ISC).
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