Various Committees on Centre-State Relations in India

Till 1967, the relations between centre and states continued to be quite smooth because congress was in power both at the centre and most of the states. After that strains appeared because Congress lost power in many states and many coalition Governments were formed in India by the opposition parties. In 1977, the congress lost power at centre and the Janata party formed a government. Soon after assumption of power the Janata government dismissed congress ministries in nine states. But in 1980 congress again returned to power at the centre and dismissed Janata ministries in nine states. A vociferous demand for reforms in centre-state relations was made by West Bengal, Jammu and Kashmir , Punjab, Maharashtra, Kerala, Tamil nadu, Andhra Pradesh etc. states of India.

A number of committee were appointed to examine the following:

• How far the centre had encroached upon the field of the states ?
• Suggest how the states could be granted genuine autonomy?

These committees made several recommendations. Similarly the administrative reforms commission also recommended withdrawal of centre from the areas reserved for the states. It also recommended formulation of certain guidelines for the exercise of discretionary powers by the governor.

Rajamannar Committee

This committee was set up by DMK government in Tamil Nadu in 1969. Apart from making a call for immediate constitution of Inter-state Council, this committee made following recommendations:

• Union government should not take any decision without consulting the inter-state council when such decision can affect the interests of one or more states.
• Every bill which affects interests of the states should be first referred to inter-state council before it is introduced in parliament.
• Article 356 should be used only in rare cases of complete breakdown of law and order in state.
• Residuary power of taxation should be vested with states.

These recommendations were completely ignored by the union government.

Anandpur Sahib Resolution

This resolution was passed by Akali Dal in 1973 and it called for making Indian constitution a federal one in real sense. It said that centre’s jurisdiction should be restricted only in defence, foreign affairs, communications and currency. All the remaining and residuary powers should be vested in states. All states should have equal authority at centre.

West Beneal Memorandum

The communist government in West Bengal published a memorandum in 1977 and sent it to central government. It made the following demands:

• Replace the word Union in the constitution with federation.
• Confine the jurisdiction of centre in matters of only defence, foreign affairs, currency, communications and economic coordination
• All other subjects including the residuary should be vested in the states·
• Repeal articles 356, 357 and 360.
• State’s consent should be made obligatory for formation of new states or reorganisation of existing states
• Of the total revenue raised by the Centre from all sources 75 per cent should be allocated to the states.
• Rajya Sabha should have equal power with that of the Lok Sabha;
• There should be only Central and state services and the all-India services should be abolished.

Obviously, these were radical demands, and thus this memorandum went to great dustbin of central government.

Sarkaria commission

Justice R. S. Sarkaria Commission was appointed in June 1983 and it had presented its report to Rajiv Gandhi Government in 1987. This commission did not favour any structural changes; and regarded the existing constitutional arrangement sound. It stressed on cooperative federalism and noted that the federalism is more a functional arrangement for cooperative action than a static institutional concept. It stated that a strong centre is essential to safeguard the national unity and integrity and rejected the demand for curtailing powers of centre. At the same time, it did not equate strong centre with centralization of powers because over-centralisation leads to blood pressure at the centre and anaemia at the periphery.

The other key recommendations are as follows:

• Set up a permanent inter-state council called as “Inter-Governmental Council” under article 263 of the constitution.
• Use of article 356 in extreme cases and only as a last resort.
• Further strengthen the All India Services and add more services to them.
• Residuary powers of taxation should be continued to be with centre while other residuary powers should be placed in concurrent list.
• President should communicate reasons to state governments when he withholds assent to bills of state legislature.
• Rename National Development Council as National Economic and Development Council (NEDC).
• Fresh constitution of Zonal Councils to promote spirit of federalism.
• Centre should continue to have powers to deploy armed forces without even consent of states. However, there should be a mechanism to consult the states.
• Centre should consult the states before making a law on concurrent list.
• The constitution should be amended to provide for consultation with Chief Minister in the appointment of the state governor.
• Corporation Tax should be included in sharable pool {it was not there at that time}.
• Governor should not be able to dismiss the council of ministers as long as it commands majority in state assembly.
• Governor’s term should be fixed to five years; and it should be disturbed except for some extremely compelling reasons.
• No commission of inquiry should be set up against a minister in state unless demand is made by
• Centre should levy surcharge only for specific purpose and for strictly a limited period.
• The commission found division of functions between finance commission and planning commission reasonable and recommended their continuation.
• Steps should be taken to implement three language formula.
• No autonomy for radio and television but decentralisation in their operations.
• No change in the role of Rajya Sabha and Centre’s power to reorganise the states.
• The commissioner for linguistic minorities should be activated.

In summary, Sarkaria commission did not suggest any drastic changes in federal scheme but favoured several changes to remove irritants in centre-state relations.

MM Punchhi Commission

This commission was set up by UPA Government in 2007 and it gave its recommendations in 2010. The key recommendations are as follows:

• There should be a consultation process between union and states via Interstate Council for legislation on concurrent subjects.
• Regarding state bills, the President’s pocket veto is baffling because no communication is given to the state when president decides to withhold assent. This should end and there should be a reasonable time (6 months) in which president communicates his decision.
• The treaty making powers of union should be regulated and states should get greater participation in treaties where interests of states are involved.
• Governor should get clear guidelines for appointment of Chief Ministers so that he does not mis-uses his discretionary powers in this context.
• There should be a two years cool off period from active politics before a person is made governor. State chief minister should have a say in the appointment of governor. Governor’s appointment should be done by a committee comprising the Prime Minister, Home Minister, Speaker of the Lok Sabha and chief minister of the concerned state.
• For removal of Governor, the doctrine of pleasure should end and governor should not be removed at whim of central government. Governor should be removed either by impeachment or by resolution in state assembly.
• Convention of making the Governors as chancellors of universities should end.
• Article 355 and 356 should be amended. Via these amendments, the Centre should be enabled to bring specific troubled areas under its rule for a limited period, thus there should be localized emergency provisions instead of entire state.
• National Integration Council should be provided teeth so that it can take some actions in event of communal violence. However, it rejected constitutional status to NIC.
• For a short period, Centre should have sweeping powers to deploy army without state’s content in the communal violence bill {which it was given to study}.