Sarkaria commission report(1983)

RECOMMENDATIONS OF SARKARIA COMMISSION

1. SARKARIA COMMISSION REPORT(1983) establishment of Inter state council appointment of governors ……………… SUBMITTED BY, ATHIRA KRISHNAN

2. INTRODUCTION THE UNION GOVT. IN 1983 APPOINTED A COMMISSION UNDER THE CHAIRMANSHIP OF JUSTICE RANJIT SINGH SARKARIA TO REVIEW THE RELATIONS BETWEEN STATE AND CENTRAL THE COMMISSION SUBMITTED 1600 PAGE FINAL REPORT ON 27 th OCT 1987 BEFORE THEN PRIME MINISTER RAJIV GANDHI THE REPORT WAS A CHARTER TO EXAMINE THE BALANCE OF POWER BETWEEN CENTRAL AND STATE RELATIONS SUGGESTED CHANGES REGARDING THIS ISSUE IN THE CONSTITUTION OF INDIA

3. OBJECTIVES OF THE REPORT 247 SPECIFIC RECOMMENDATIONS INCLUDED CENTRAL STATE RELATIONS, RELATING TO LEGISLATIVE MATTERS AND APPOINTMENT OF GOVERNORS AND FINALLY USE OF ART.356 OF THE INDIAN CONSTITUTION IT WAS WIDELY ACCEPTED BUT THE RECOMMENDATIONS WERE NOT IMPLEMENTED BY THE GOVT “ CONSENSUS AND CORPORATION BETWEEN STATES AND CENTRAL” ULTIMATE AIM UNITY AND INTEGRITY OF OUR COUNTRY WELFARE OF CITIZENS – HARMONIOUS RELATION AMONG BOTH UNION AND STATE

4. REASONS FOR THE COMMISSION REPORT SUPREMACY OF UNION LEGISLATIVE POWER ART 254(1) REPUGNACY OF STATE MADE LAWS –VOID BY CENTRAL –THE CONFLICT AND OVERLAPING IN SEVENTH SCHEDULES ENTRUSTEMENT OF UNION FUNCTIONS TO STATE AND VICEVERSA ART 258(1) IMPOSES POWERS AND DUTIES TO STATE GOVT ITS OFFICES AND AUTHORITIES- TO WHICH STATE HAS NEITHER HAS THE RIGHT TO MAKE ANY LEGISLATION OVER IT NOR ITS CONSENT IS AN IMPORTANT CONDITION PRECEDENT CONTROL OF UNION EXECUTIVE OVER STATE LEGISLATION ART.200,201 RECONSIDERATION OF PRESIDENT AND GOVERNORS IN THE BILLS PASSED BY THE STATE LEGISLATURE EMERGENCY PROVISIONS ART 352-359- CONSENT OF STATE GOVT. NOT NECESSARY INDEPENDENCY OF STATES – IMPOSITION OF TAXES

5. RECOMMENDATIONS OF THE SARKARIA COMMISSION REPORT “(a) A permanent Inter-State Council called the Inter-Governmental Council (IGC) should be set up under Article 263. (b) The IGC should be charged with the duties set out in clauses (b) and (c) of Article 263, other than socio-economic planning and development.” ( para 9.10.01 of the Report)

6. RECOMMENDATIONS ESTABLISHMENT OF A PERMANENT INTER STATE COUNCIL AS A NATIONAL INDEPENDENT FORUM IN ACCORDANCE WITH ART.263 COORDINATION OF POLICIES OF LARGE COMMON INTEREST CONSULTATION AND INTERACTION IS NECESSARY DIVISION OF MATTERS IN STATE AND CENTRAL LIST IS NOT ABSOLUTE IT OVERLAPS IN MANY AREAS SETTING UP A COUNCIL UNDER ART.263 FOR THE SMOOTH INDEPENDENCY OF STATES FORMATION OF INTER GOVT.MENTAL COUNCIL CONSISTING OF P.M AND C.Ms OF VARIOUS STATES TO DISCUSS VARIOUS ASPECTS OF GOVERNANCE IN DISPUTE BETWEEN THEM RESPECTIVELY SUGGESTED ACTIVE POLITICIANS, MEMBER OF RULING PARTY AT THE CENTRE SUCH PERSONS SHALL NOT BE APPOINTED AS GOVERNORS GOVERNORS ARE DEBARRED FROM ACCEPTING OFFICE OF PROFITS

7. RECOMMENDATIONS…….. JUDGES OF HIGH COURT SHOULD NOT BE TRANSFERRED WITHOUT THEIR CONSENT IMPLEMENTATION OF THE THREE LANGUAGE FORMULA i.e.,(Regional language, Hindi ,English recommendation of Education Commission in 1965-66) FOR MAINTAINING TRUE SPIRIT OF EACH STATES AND NATIONAL INTEGRITY THE WORKS OF UNION AND STATE GOVT. WHICH DIRECTLY AFFECTS THE LOCAL PEOPLE MUST BE IN LOCAL LANGUAGE CENTRAL CONTROL OVER RADIO AND TELEVISION SHOULD BE CHANNALISED TO EACH CENTRES AT STATE FAVOURED FOR AMENMENTS IN SHARING CORPORATION AND CONSIGNMENT TAX ONLY INSISTED THAT INTER STATE COUNCIL STRICTLY MENTIONED FOR THE PURPOSE MENTIONED IN ART.263 OF THE CONSTITUTION

8. RECOMMENDATIONS…….. SETTING UP EXPERT BODIES AT STATE LEVEL IN TERMS OF REFERENCE TO FINANCE COMMISSION RETENTION OF NATIONAL DEVELOPMENT COUNCIL (aim is to promote common economic policy and ensure balanced development all over the country CONSTITUTED IN 1967 ON OCT.7 th ) DISPERSING OF ALL INDIA SERVICES AND CONSTITUTE A NEW ONE FOR THE INTEREST NATIONAL INTEGRITY

9. DRAWBACKS AND ANALYSIS OF SARKARIA COMMISSION REPORT REPORT DID NOT SUGGEST DRASTIC CHANGES TO THE EXISTING SCHEMES HOWEVER FAVOURED SEVERAL CHANGES TO BRING A SMOOTH RELATION BETWEEN STATE AND UNION NEITHER THE CONGRESS GOVT. THEN HEADED BY THE RAJIV GANDHI NOR THE NATIONAL FRONT GOVT UNDER V.P SINGH ACCEPTED THE RECOMMENDATIONS OF THE REPORT THE UNITED GOVT. UNDER P.V NARASIMHA RAO DECIDED TO IMPLEMENT SOME OF THE SUGGESTIONS OF THE REPORT IN 1996 ACTIVATED INTER STATE COUNCIL AFTER THE GAP OF 6 YEARS –SETUP A PANEL TO EXAMINE THE IN DEPTH ISSUES AND DISPUTES BETWEEN THE STATES AND UNION RELATIONS

10. INTER STATE COUNCIL :- composition THE COUNCIL CONSISTS OF :- THE PRIME MINISTER –CHAIRMAN CHIEF MINISTERS OF ALL STATES – AS MEMBERS CHIEF MINISTERS OF UNION TERRITORIES SIX MINISTERS OF CABINET RANK IN THE UNION COUNCIL OF MINISTERS TO BE NOMINATED BY THE PRIME MINISTER- MEMBERS

11. CONSTITUTIONAL PROVISIONS RELATED ………. ART 263 PROVISIONS RELATED TO INTER STATE COUNCIL – If at any time it appears to the President that the public interests would be served by the establishment of a Council charged with the duty of –   (a) inquiring into and advising upon disputes which may have arisen between States; (b) investigating and discussing subjects in which some or all of the States, or the Union and one or more of the States, have a common interest; or (c) making recommendations upon any such subject and, in particular, recommendations for the better co-ordination of policy and action with respect to that subject , it shall be lawful for the President by order to establish such a Council, and to define the nature of the duties to be performed by it and its organization and procedure .”

12. INTER STATE COUNCIL IN JAN 1999 THE INTER STATE COUNCIL DECIDED TO IMPLEMENT 124 RECOMMENDATIONS OF THE REPORT IN 2001 INTER STATE COUNCIL DECIDED GOVERNOR AFTER DEMITTING HIS OFFICE SHALL NOT ACTIVELY RETURN TO POLITICS AND BANNED SUCH ACTIVITY –HE CAN BE APPOINTED AS PRESIDENT OR VICE PRESIDENT INTER STATE COUNCIL COVERED 59 RECOMMENDATIONS OF THE REPORT WHICH EMPHASISED ABOUT ROLE OF GOVERNORS, LEGISLATIVE RELATIONS, INTER GOVTMENTAL COUNCIL ,MINES AND MINERALS ,ALL INDIA SERVICES ,MASS MEDIA AND LANGUAGES

13. INTER STATE COUNCIL………… . THE ISSUE OF CENTRE –STATE RELATIONS AGAIN CAME UP FOR CONSIDERATION BEFORE THE INTER-STATE COUNCIL AT ITS EIGHTH MEETING HELD AT SRI NAGAR IN 28 TH AUGUST 2003 THE COUNCIL INSISTED ON INCORPORATION OF CERTAIN SAFEGUARDS IN THE CONSTITUTION SO THAT PRESIDENT’S RULE COULD NOT BE IMPOSED IN THE STATE UNDER ART.326 IT INSISTED THATA ART.356 SHOULD BE USED ONLY AS A LAST RESORT

14. INTER STATE COUNCIL- PRESENT STATUS…….. "The Inter-State Council is certainly the most significant platform for strengthening Centre-State and Inter-State relations “-NARENDRA MODI The meetings of Inter-State Council and Zonal Councils are efforts to enable Centre and States to actively participate on development related policies .“-RAJNATH SINGH MINISTER OF HOME AFFAIRS ELEVENTH MEETING OF INTER STATE COUNCIL CONDUCTED ON - 16 TH JULY 2016, AT RASHTRAPATHI BHAWAN ,NEW DELHI

15. AGENDA OF ELEVENTH MEETING OF INTER STATE COUNCIL ……….. Consideration of the Recommendations of the Punchhi Commission on Centre-State Relations Use of Aadhaar as an identifier and use of DBT for providing Subsidies, Benefits and Public Services Improving Quality of School Education with focus on improving learning outcomes, incentivizing better performance, etc. Internal Security with focus on intelligence sharing and coordination for combating terrorism / insurgency , police reforms and police modernization

16. CONCLUSION TO IMPROVE THE CENTRAL STATE RELATIONS ON THE BASIS OF RECOMMENDATIONS OF THE REPORT EFFECTIVE WORKING OF INTER STATE COUNCIL- MUST NOT BE MERE ADVISORY CHARACTER-BUT SHOULD BE EVOLVED AS A CONVENTION TO ACEPT ALL THE RECOMMENDATIONS RECOMMENDATIONS OF THE REPORT FOR THE UNITY AND INTEGIRTY OF THE NATION DEVELOPING A SMOOTH RELATION BETWEEN CENTRAL AND STATE…………………………………..