• The Commission recommended that coordination of policies and implementation in a dual polity, especially given large areas of common interest and shared action, requires a sustained process of contact, consultation, and interaction, for which a proper forum is necessary.
  • The Commission observed that executive powers of the Union and States overlap in many areas. The division of matters in the Union List and State List is not absolute. Several entries overlap.
  • In implementing its laws and policy, the Union is mainly dependent on State administrations. Union and States can entrust their executive functions to each other. States are dependent on the Union for financial resources and in many administrative matters.
  • Interdependence is indispensable in a diverse and developing society. Institutionalized and sustained consultation is critical given this interdependence. The Commission recommended setting up a Council under article 263 of the Constitution.

The important recommendations of the Commission included :

  • Formation of an intergovernmental council consisting of the prime minister and chief ministers of states to collectively decide on various governance aspects that cause friction between the center and states.
  • Sparing use of article 356 of the Constitution should be made, and all possibilities of forming an alternative government must be explored before imposing the president's rule in the state. The state assembly should not be dissolved unless the parliament approves the proclamation.
  • It rejected the demand for the abolition of the governor's office and his selection from a panel of names given by the state governments. However, it suggested that active politicians should not be appointed governors. When different political parties rule the state and the center, the governor should not belong to the ruling party at the center. Further, the retiring governors should be debarred from accepting any office of profit.
  • The judges of high courts should not be transferred without their consent.
  • The three-language formula should be implemented in its true spirit in all the states in the interest of unity and integrity of the country.
  • The work of the union and the state governments, which directly affects the local people, must be carried out in the local language.
  • Central control over radio and television should be relaxed, and the individual Kendra’s should be free to decide the timing for the relay of national hook-up programs.
  • It favored amendments for sharing certain taxes between the center and the states, even though it generally opposed the curtailment of the center’s powers.
  • The financial sphere did not favor any drastic changes in the basic scheme of division of taxes but favored sharing of corporation tax and levy of consignment tax.
  • It did not favor disbanding all-India services in the interest of the country’s integrity. Instead, it selected new all-India services.
  • It made a strong case for inter-state councils but insisted that these should be used only for the purpose mentioned in article 263 of the constitution.
  • It favored retention of the national development council and suggested activation of the zonal councils.
  • It found the present division of functions between the finance commission and the planning commission as reasonable and favored the continuance of this arrangement.
  • It favored the determination of terms of reference of the finance commission in consultation with the state governments.
  • It also suggested setting up similar expert bodies at the state level.

Status of Implementation

  • We can see that the Sarkaria Commission did not suggest any drastic changes in the existing scheme. However, it favored several constitutional and functional modifications to remove irritants in the center-state relations.
  • Neither the congress (I) government under Rajiv Gandhi nor the national front government under V.P. Singh accepted the recommendations of the Sarkaria Commission.
  • The Government under P.V. Narasimha Rao decided to implement some recommendations but the United Front government under H D Deva Gowda, soon after the assumption of power in June 1996, announced its intention to implement the Sarkaria Commission fully.
  • Accordingly, it activated the inter-state council after a gap of six years. It decided to set up a panel to examine the contentious issues relating to center-state relations.
  • To promote healthy center-state relations, the united front government favored a decision-making system. The BJP-led coalition government also continued this policy. In January 1999, the inter-state council decided to accept 124 recommendations of the Sarkaria Commission. In 2001 the interstate board agreed that the governor, after demitting office, would be banned from returning to active politics that chief ministers on the appointment of governors; the governor can, however, become vice-president or president.
  • The inter-state council covered 59 recommendations of the Sarkaria Commission, which touched upon the role of the governors, legislative relations, intergovernmental board, mines and minerals, all-India services, mass media, and languages.
  • Taxation power, which was so far in the union list, should be shifted to the concurrent list, given the need for states to mobilize more resources.
  • There should be active consultation with the state government for all legislations regarding subjects on the concurrent list, except in emergent cases.
  • States should be allowed to impose local or municipal taxes on industrial or commercial properties owned by the center.
  • Regarding the institution of a commission of inquiry against a minister in a state, it was decided to build appropriate safeguards in the commission of inquiry act to prevent its misuse by the center.
  • The issue of center-state relations again came up for consideration before the inter-state council held at Sri Nagar in August 2003. The board insisted on incorporating certain safeguards in the constitution so that the president's rule could not be imposed in the state under article 356; it emphasized that article 356 should be used only as a last resort.
Share


Know the Sources +