MMPunchhi Commission on Centre – State Relations =============================== By its Resolution of 27th April 2007, the GOI has constituted the Commission on Centre – State Relations. The Terms of Reference of the Commission had been set out in the Government of India Resolution of 30th September 2005. The Commission is chaired by Justice Madan Mohan Punchhi, former Chief Justice of India. The other Members of the Commission are – Shri. Dhirendra Singh (Former Secretary to the Government of India), Shri. Vinod Kumar Duggal (Former Secretary to the GOI), Prof. (Dr.) N.R. Madhava Menon (Former Director, National Judicial Academy, Bhopal andNational LawSchool of India, Bangalore) and Dr. Amaresh Bagchi (Emeritus Professor, National Institute of Public Finance and Policy, New Delhi). A comprehensive review of Centre-State Relations was undertaken by the Sarkaria Commission in the mid-eighties. In the two decades that have gone by both the polity and economy have undergone profound changes, posing new challenges for government at all levels and calling for a fresh look at the relative roles and responsibilities of each level and their interrelations. The present Commission has been entrusted with this task and asked to make recommendations that would help to address the emerging challenges. The terms of Reference of the Commission will be as follows: (i) The Commission will examine and review the working of the existing arrangement between the Union and States as per the Constitution of India, the healthy precedents being followed, various pronouncements of the Courts in regard to powers, functions and responsibilities in all spheres including legislative relations, administrative relations, role of governors, emergency provisions, financial relations, economic and social planning, Panchayat Raj institutions, sharing of resources, including inter-state river water and recommend such changes or other measures as may be appropriate keeping in view the practical difficulties. (ii) In examining the reviewing the working of the existing arrangements between the Union and States andmaking recommendations as to the changes and measures needed, the Commission will keep in view the social and economic developments that have taken place over the years particularly over the last two decades and have due regard to the scheme and framework of the Constitution. Such recommendations would also need to address the growing challenges of ensuring good governance for promoting the welfare of the people whilst strengthening the unity and integrity of the country and of availing emerging opportunities for sustained and rapid economic growth for alleviating poverty and illiteracy in the early decades of the new millenium. (iii) Whi le examining and making its recommendations on the above, the Commission shall have particular regard, but not limit itsmandate to the following:- (a) The role, responsibility and jurisdiction of the Centre vis-a-vis States during major and prolonged outbreaks of communal violence, caste violence and any other social conflict leading to prolonged and escalated violence. (b) The role, responsibility and jurisdiction of the Centre vis-a-vis States in the planning and implementation of the mega projects like the inter-linking of rivers, that would normally take 15-20 years for completion and hinge vitally on the support of the States. (c) The role, responsibility and jurisdiction of the Centre vis-a-vis States in promoting effecting devolution of powers and authority to Panchayati Raj Institutions and Local Bodies including the Autonomous Bodies under the 6th Schedule of the Constitution within a specific period of time. (d) The role, responsibility and jurisdiction of the Centre vis-a-vis States in promoting the concept and practice of independent planning and budgeting at the District level. (e) The role, responsibility and jurisdiction of the Centre vis-a-vis States in linking Central Assistance of various kinds with the performance of the States. (f) The role, responsibility and jurisdiction of the Centre in adopting approaches and policies based on positive discrimination in favour of backward States. (g) The impact of the recommendations made by the 8th to 12th Finance Commissions on the fiscal relations between the Centre and States, especially the greater dependence of the States on devolution of funds from the Centre. (h) The need and relevance of separate taxes on the production and on the sales of goods and services subsequent to the introduction of Value Added Tax regime. (i) The need for freeing Inter-State trade in order to establish a unified and integrated domestic market as also in the context of the reluctance of State Governments to adopt the relevant Sarkaria Commission‘s recommendations in Chapter XVIII of its report (j) The need for setting up a Central Law Enforcement Agency empowered to take up suo moto investigation of crimes having Inter-State and/or International ramifications with serious implications on national security. (k) The feasibility of a supporting legislation under Article 355 for the purpose of suo moto deployment of Central forces in the States if and when the situation so demands. In finalising the 1,456-page report, in seven volumes, the Punchhi Commission took extensive help from the Justice Sarkaria Commission report, the National Commission to Review the Working of the Constitution (NCRWC) and the Administrative Reforms Commission report. However, in a number of areas, the Puncchi Commission report differs from the Sarkaria Commission recommendations. The major recommendations may be enumerated as follows: 1. There should be an amendment in Articles 355 and 356 to enable the Centre to bring specific trouble-torn areas under its rule for a limited period. 2. The commission has proposed “localising emergency provisions” under Articles 355 and 356, contending that localised areas — either a district or parts of a district — be brought under Governor’s rule instead of the whole state.Such an emergency provision should however not be of duration of more than three months. 3. The commission however supports their right to give sanction for the prosecution of ministers against the advice of the state government. 4. To make an amendment in the communal violence Bill to allow deployment of Central forces without the state’s consent for a short period. It has proposed that state consent should not become a hurdle in deployment of central forces in a communal conflagration. However, such deployment should only be for a week and post-facto consent should be taken fromthe state. 5. Among the significant suggestions made by the Commission is, laying down of clear guidelines for the appointment of chief ministers. Upholding the view that a pre-poll alliance should be treated as one political party, it lays down the order of precedence that ought to be followed by the governor in case of a hung house: a) Call the group with the largest prepoll alliance commanding the largest number; b) the single largest party with support of others; c) the post-electoral coalitionwith all parties joining the government; and last d) the postelectoral alliance with some parties joining the government and remaining including Independents supporting fromoutside. 6. The panel also feels that governors should have the right to sanction prosecution of a minister against the advice of the council of ministers. However, it wants the convention of making them chancellors of universities done away with. 7. As for qualifications for a governor, the Punchhi commission suggests that the nominee not have participated in active politics at even local level for at least a couple of years before his appointment. It also agrees with the Sarkaria recommendation that a governor be an eminent person and not belongs to the state where he is to be posted. 8. The commission also criticises arbitrary dismissal of governors, saying, “the practice of treating governors as political football must stop”. There should be critical changes in the role of the governor— including fixed five year tenure as well as their removal only through impeachment by the state Assembly. It has also recommended that the state chief minister have a say in the appointment of governor. 9. Underlining that removal of a governor be for a reason related to his discharge of functions, it has proposed provisions for impeachment by the state legislature along the same lines as that of President by Parliament.This, significantly, goes against the doctrine of pleasure upheld by the recent Supreme Court judgment. 10. Endorsing an NCRWC recommendation, it says appointment of governor should be entrusted to a committee comprising the Prime Minister, Home Minister, Speaker of the Lok Sabha and chief minister of the concerned state. The Vice- President can also be involved in the process. 11. Creation of an overriding structure tomaintain internal security along the lines of the US Homeland Security department 12. Givingmore teeth to the National Integration Council.For the National Integration Council (NIC), the commission has proposed that it should meet at least once a year. In case of any communal incident, it has said that a delegation of five members of the Council, who would be eminent persons, should visit the affected area within two days and submit a fact-finding report.The commission, however, rejects a suggestion from some stakeholders as well as the Liberhan Commission that the NIC be accorded constitutional status. 13. Endorsing an NCRWC recommendation, it says appointment of governor should be entrusted to a committee comprising the Prime Minister, Home Minister, Speaker of the Lok Sabha and chief minister of the concerned state. The Vice-President can also be involved in the process. 14. Unlike the Sarkaria report, the Punchhi report is categorical that a governor be given a fixed five-year tenure. The Punchhi Commission report also recommends that a constitutional amendment be brought about to limit the scope of discretionary powers of the governor under Article 163 (2). Governors should not sit on decisions andmust decide matters within a four-month period, it says. ========== By: iasplanner
Posted on: Sat, 27 Jul 2013 15:50:34 +0000
Trending Topics
Recently Viewed Topics
© 2015