Recommendations Of The Sarkaria Commission
The Sarkaria Commission was appointed in 1983 to review the Centre-State Relations and it submitted its report in 1988. In the light of the past 37 years’ experience, several suggestions were given by the Sarkaria Commission for the improvement of Centre-State relations. The general conclusion of the Commission is that under the Indian conditions a strong centre is necessary not only to protect and preserve the independence, integrity and unity of the country but also to ensure a uniform integrated policy of basic issues of national concern. The Commission felt that the considerations which weighed with the Constitution makers in giving a principally mentioned rule to the Centre are still relevant today.
According to the Commission, the distribution of powers between the Centre and the States made by the Constitution is by and large a proper reconciliation of the imperative need for a strong centre with the need for state autonomy. The Commission, therefore, felt that the basic scheme and provisions of the Constitution are sound and no structural changes are required. However, it has suggested certain changes in the functional and operational aspects of the Centre-State relationship. With this introduction, we may now study the major recommendations of the Sarkaria Commission.
Recommendations regarding Legislative Relations: 1. The residuary powers, other than taxation, shall be placed in the Concurrent List.
The Union Legislature should legislate on items in the Concurrent List only in matters of general importance. Whenever a State Bill is referred by the Governor to the President as far as possible the assent should be given. If in extreme cases if this is not possible, the president should furnish an explanation for not giving his assent.
When a State Legislative Assembly passes a resolution for the abolition of a Legislative Council, the Present shall cause it to be laid before the Parliament (with the comments of Union Government about the Parliament (with the comments of Union Government about the matter). The Parliament may approve or reject the resolution. In case of approval, a law has to be made to that effect.
Recommendations regarding Administrative Relations
Article 256, 257 and 365 are wholesome provisions designed to secure coordination between the Union and the States for effective implementation of the Union laws and the national policies indicated therein. In this connection, the Commission recommended that utmost caution should be exercised and all possibilities explored for settling points of conflict by all other available means before the issue of directions to a State or application of sanction under Article 365. A more extension and generous use of Article 258 should be made than has been done hitherto for progressive decentralisation of powers to the State Governments andy or their Officers and authorities.
Role of the Governor
The commission has made specific recommendations in regard to the role of the Governor:
a)An eminent person in some walk of life; b) A person not belonging to the same State;
A Person who has not largely taken part in Politics. Article 155 should be suitably amended prescribing the procedure of consultation with the State Chief Minister in the selection of a person to be appointed as Governor. In this connection, the Prime Minister has to consult the Vice-President of India and the Speaker of the Lok Sabha informally. The Governor’s tenure of five years in a.state should not be disturbed except for some extremely compelling reasons. After laying down the office as Governor, one should not return to active partisan politics. However, the Governor at the end of his tenure should be provided reasonable post· retirement benefits for himself and for his surviving spouse.
The Commission also stipulated certain principles for the Governor while choosing the Chief Minister for his guidance such as calling upon that party or the coalition having widest support in the Assembly etc. The Governor cannot dismiss the Council of Ministers so long as it continues to command a majority in the Assembly. A convention should be adopted that a caretaker Government should not take any major policy decisions. If the outgoing ministry cannot be installed as a caretaker government for certain reasons, the Governor without dissolving the Assembly should recommend for President’s Rule in the State.
The Governor has no discretionary power in the matter of nominations to the Legislative Assembly or the Council. The Governor in the capacity of the Chancellor of the University need not act on the advice of the Ministers under clause (1) of Article 163 When a Governor finds that it will be constitutionally improper for him to follow the advice of the Council of Ministers he should make every effort to persuade his ministers to adopt the correct course. He should exercise his discretionary powers only as a last resort.
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