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The Administrative Reform Commission, 1969:
- The constitution necessitates the formation of an inter-state council (Article 263).
- Governors with considerable public service experience and nonpartisan attitudes are appointed.
- The most power has been handed to states.
- To reduce dependency on the federal government, more financial resources should be allocated to the states.
- Central armed forces are stationed in states at their request or on their own initiative.
- The Tamil Nadu government formed the Rajamannar committee, which made a number of suggestions to address the power imbalance between the centre and the state.
- In the Anandpur Sahib resolution, Punjab offered similar proposals to remedy these discrepancies, while West Bengal made similar recommendations in a memorandum.
- To review the state of center-state relations, the government established the Sarkaria Commission in 1983 and the Punnchi Commission in 2007.
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Sarkaria Commission:
Background:
- As a result of the agitation for State autonomy, the Central Government constituted the Sarkaria Commission to recommend improvements in the Centre-State relationship.
- The Commission’s report was published in 1988.
- The founding fathers of the Indian Constitution were extremely concerned about protecting the country’s unity and integrity. They were fully aware of the country’s divisive and disruptive forces at work. At the time of independence, only a strong central authority could deal with these threats.
- As a result, the framers of the Constitution gave the Centre a strong position.
- At the same time, they made measures for the development of cooperative federalism.
- The Indian federation’s functioning during the previous five decades illustrates that the relationship between the Centre and the States has not always been cordial.
- The Administrative Reforms Commission, as well as a number of other commissions, have been established by the Indian government to monitor Centre-State relations on a regular basis.
- The Union Government constituted the Sarkaria Commission to make recommendations on how to improve Centre-State relations.
- The Sarkaria Commission was founded in 1983 to assess and analyse current arrangements between the Centres and States in all domains, and to provide recommendations for appropriate modifications and measures in response to the need for more autonomy.
- An uncommon scenario brought them together: the need to overthrow Indira Gandhi’s emergency government. As the Congress party, led by Indira Gandhi, came to power with a large majority, the fight for state autonomy fell into the background.
- Even as the push for more state financial resources continues, there is currently no drive for state autonomy, as there was earlier.
- In Indian politics, there was a dramatic movement in the alignment of forces in 1990.
Recommendations:
- When it comes to establishing a permanent inter-state council, Article 356 should be handled with caution.
- The institution of all-India service must be strengthened.
- The legislature should keep its residuary powers.
- The reasons for the President’s vetoes of state bills should be made public. Without the agreement of the states, the Centre should be able to deploy its armed forces. The states, on the other hand, should be consulted.
- The process for consulting the chief minister before appointing a state governor should be laid out in the constitution. Governors should have a five-year term limit.
- A commissioner for linguistic minorities must be appointed.
Recommendations in relation to Article 356’s application:
- Only use this material in extreme circumstances and as a last resort. Only in the event of a political crisis, internal subversion, physical collapse, or non-compliance with the center’s constitutional obligations can it be utilised.
- Before doing so, a specific warning to the erroneous state should be provided, and an alternative course of action should be examined before activating it.
- The material fact and reasons for invoking President Rule should be included in the Proclamation; this will give Parliament effective oversight over President Rule invocation.
- The Governor’s report must be a “speaker’s document” that gets a lot of press.
- As a result, the Sarkaria Commission worked hard to streamline the interaction between the federal government and the states.
- It has become a go-to resource for any discussion on center-state relations, and it has been cited by the courts on several occasions.
- On its guidance, the Inter-State Council was established in 1990, and its recommendations have been implemented.
- Many of its important recommendations have yet to be implemented, and federal-state conflicts continue to be a recurring topic.
Recommendations with regard to Legislative Matters:
- Within the broad framework of the Union Law’s Policy, the Union should normally occupy only that portion of a concurrent subject on which uniformity of policy and action is required in the larger national interest, leaving the rest to state action.
- When the Union wants to pass legislation on an issue from the Concurrent List, inter-governmental councils must be convened to hear from the states.
- Parliamentary law passed under paragraphs (1) of Article 252 should be for a set period of not more than three years if two or more States request it.
- A State’s resolution for the creation or termination of a Legislative Council will be presented to Parliament as soon as possible after it is received.
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Rajamannar Committee:
- This committee was constituted in 1969 by the DMK administration in Tamil Nadu. In addition to recommending for the immediate creation of an Inter-state Council, following recommendations were made:
Recommendations:
- The Union administration should contact the inter-state council before making a decision that impacts the interests of one or more states.
- Any bill affecting the interests of the states should be referred to the Inter-State Council before being introduced in parliament.
- Article 356 could only be used in extreme cases of complete breakdown of law and order in the state.
- States should be given the ability to levy residuary taxes.
- These recommendations were completely ignored by the united administration.
Anandpur Sahib Resolution, 1973:
- In 1978, the Akali Dal released the controversial Anandpur Sahib Resolution.
- It aimed to give states more autonomy by limiting the Centre’s role to defense, international relations, communications, railways, and currency.
- It also claimed residuary powers for the government.
- In the 1980s, as regional parties gained stronger, they banded together to pursue state autonomy.
- Their ‘conclaves,’ held in Vijaywada, Delhi, and Srinagar, triggered calls for a rethinking of the Centre-State relationship.
- The national government also turned down these recommendations.
- In 1973, the Akali Dal passed the Anandpur Sahib Resolution, which advocated for the central government’s jurisdiction to be limited to only defence, foreign affairs, communications, and money, with residuary powers left to the states.
- It also advocated equal power and representation for the states at the federal level.
West Bengal Memorandum:
- In December 1977, the West Bengal Communist administration produced the West Bengal Memorandum
- The word ‘union’ should be replaced by the word ‘federal’ in the constitution.
- The center’s jurisdiction will be limited to defence, foreign affairs, communications, and economic cooperation.
- The Rajya Sabha now has the same powers as the Lok Sabha, thanks to the removal of Articles 356, 357, and 360.
- Services that cover the entire country are being phased out.
- 75 percent of the revenue raised by the federal government should go to the states.
- Replace the word union with the word federation in the constitution.
- Defense, foreign affairs, currency, communications, and economic coordination are the only areas where the centre has jurisdiction.
- All other matters, including residuary, should be under state authority.
- The states should receive 75% of the total revenue raised by the Centre from all sources.
- Only central and state services should be available, and all-India services should be discontinued. The Rajya Sabha should have equal power to the Lok Sabha.
Punchhi Commission, 2007:
Background:
- The Central Government established the Punchhi Commission in 2007 to investigate the center-state relationship, as well as the possibility of giving the centre extensive powers for suo moto deployment of Central forces in states and investigation of national security offences.
- Former Chief Justice of India M.M. Punchhi presided over the meeting. It made its proposal in 2009.
Recommendations:
- By giving governors a five-year term and removing them through the impeachment procedure, the Union should be extremely cautious in establishing Parliamentary supremacy in areas allocated to the states.
- It established a set of criteria to be taken into account when appointing governors:
- He should be someone from outside the state who is well-known in a certain subject.
- He should be a distant character with no political ties to the area. In the recent past, he should not have been involved in politics. A five-year fixed term should be handed to the government.
- Governors may be subject to the same impeachment process as the president.
- The Governor should require the Chief Minister to demonstrate his majority on the House floor, and he should set a time limit for this.
- Keep the Bommai case rules in mind while making decisions affecting the President’s ruling.
- The Inter-State Council should be used more regularly to promote center-state ties.
National Commission to Review the Working of the Constitution (NCRWC):
- It provided suggestions, many of which were similar to those given by the Sarkaria Commission.
Recommendations:
- The Inter-State Trade and Commerce Commission should be established, according to Article 307 of the Constitution.
- The Governor is nominated by a committee consisting of the Prime Minister, the Home Minister, the Speaker of the Lok Sabha, and the Chief Minister of the state in question.
- Disaster and emergency management should be covered under the Concurrent List of the Seventh Schedule.
- Before using Article 356, a state should be given an opportunity to explain its position and fix the issue, to the extent possible.
- The themes that should be considered during the conversations should be specifically stated in the 1990 Inter-State Council order.
Ranganath Committee:
- The National Commission for Religious and Linguistic Minorities, often known as the Ranganath Misra Commission, was established on October 29, 2004, by the Indian government to study various problems about linguistic and religious minorities in India.
- Justice Ranganath Misra, the former Chief Justice of India, presided over the meeting.
- The commission delivered its report to the government on May 21, 2007.
Recommendations:
- Give Muslims a 10% quota and other minorities a 5% quota in government jobs and admissions to all higher education institutions (graduation and above).
- Religious minorities, predominantly Muslims, would be allocated 8.4% of the present OBC quota of 27%.
- Allow Dalits to benefit from the Scheduled Caste reservation quota if they convert to Islam or Christianity.
Kelkar Commission:
Recommendations:
- According to research, the three key pillars of the PPP framework that need be enhanced are governance, institutions, and capacity.
- The research recommends the creation of a 3PI (public-private partnership institute of excellence) to complement institutional capacity building activities.
- The 1988 Prevention of Corruption Act should be amended as quickly as possible to punish corrupt practices while protecting those who made honest mistakes.
- It is important to avoid challenges to Swiss contract awarding practices that obstruct openness.
- Unsolicited proposals in the procurement process encourage unfair treatment of potential bidders and should be avoided.
- Deep discount bonds, also known as zero coupon bonds, should be encouraged by banks and financial institutions as a low-cost source of long-term funding. During the project’s early stages, this will reduce debt payment expenses.
- Following the successful completion of the projects, stock in the company may be offered to long-term investors, including international institutional buyers.
- The proceeds from the divestment would go toward new infrastructure projects.
- Independent sectoral regulators should be established when a new sector is announced to be employing the PPP model.
- Regulators should work together to achieve their goals.
- If there were no independent regulators, the projects would be subjected to bureaucratic and political pressure.
- The Model Concession Agreement (MCA) should be revised to ensure that risks are distributed fairly among all parties. Instead of taking a “one-size-fits-all” strategy, do a project-specific risk analysis.
- PPP growth into other areas like health, other social sectors, and urban transportation should be looked at seriously.
- The private sector should be shielded from any sudden changes in the economic or policy environment.
- The government may draft a PPP law with Parliament’s permission. It provides an authorized framework for implementing executives as well as oversight obligations for the legislative and regulatory authorities.
- The Infrastructure PPP Project Review Committee (IPRC) should be established to analyze stress in PPP projects and make timely recommendations.
- The Chairperson of an Infrastructure PPP Adjudication Tribunal (IPAT) should form the benches based on the needs of the case.
- State-owned companies and public sector businesses should not be allowed to bid on PPP contracts. The public-private partnership (PPP) concept was developed to take advantage of the private sector’s management and operational efficiency.
- A swift and flexible dispute resolution process is necessary to allow restructuring within the project’s commercial and financial constraints.
- The PPP model is not recommended for small-scale projects due to transaction costs.
Mandal Commission:
Major Recommendations:
- Based on 11 social, educational, and economic factors, the committee classified 3,743 castes and communities as belonging to the Other Backward Classes.
- The OBC category was anticipated to account for 52 percent of the total population.
- One of the report’s primary recommendations was a 27 percent reservation in government positions, schools, and colleges, which also extended to promotions at all levels.
- Meanwhile, any unfilled reserved quotas would be carried over for another three years before being de-reserved.
- ‘Occupation’ castes including Dhobi, Lohar, and Teli were among the OBCs on the list. The percentage of persons classed as OBC varied depending on where they lived.
- The Banias were only included in the OBC list in Bihar; similarly, the Jats were only included in the OBC list in Rajasthan.
- The Mandal Commission also pushed for land redistribution and improvements in production relations.
States Reorganization Commission:
- In 1953, the States Reorganization Commission (SRC) was constituted for the first time to research the matter and provide principles and basic proposals for reorganizing the States.
- The Commission’s report was submitted in September of 1955.
Major Recommendations:
- The Commission was established by Prime Minister Jawahar Lal Nehru. S. Fazal Ali led the SRC, which also included M. Panikkar and H. N. Kunzru.
- Parliament passed the States Reorganization Act, 1956, under Article 3 of the Indian Constitution, to give effect to the reorganization scheme that resulted from the study of the suggestions in the Report.
- The Constitution (Seventh Amendment) Act Of 1956 established the state reorganization system.
- It contains Article 350A, which is designed to carry out one of the primary recommendations of the States Reorganisation Commission on language minority’ protection in the aftermath of reorganization.
- The new states created as a result of the reorganization of states1956 include Andhra Pradesh, Bombay, Kerala, Madhya Pradesh, Madras, Mysore, Punjab, and Rajasthan.
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Various Commissions and their Recommendations FAQs
What were the recommendations of the Administrative Reforms Commission?
The constitution calls for the establishment of an inter-state council (Article 263). Governors with a long history of public service and a nonpartisan approach are chosen. States have been given the most power More financial resources should be distributed to the states to lessen reliance on the federal government. At the request of or on their own initiative, central armed forces are stationed in states.
What was the background of the Sarkaria Commission?
The Central Government established the Sarkaria Commission to recommend reforms in the Centre-State relationship as a result of the agitation for State autonomy. The report of the Commission was released in 1988. The Indian Constitution's original fathers were particularly concerned about maintaining the country's unity and integrity.
What were the recommendations of the Sarkaria Commission?
Article 356 should be approached with prudence when it comes to establishing a permanent inter-state council. The all-India service institution must be strengthened. The legislature's residuary powers should be preserved. The President's grounds for vetoing state measures should be made public.
What were the recommendations of the Rajmannar Committee?
Article 356 should be approached with prudence when it comes to forming a permanent inter-state council. The all-India service institution has to be strengthened. The legislature's residual powers should be preserved.
What were the recommendations of the Anandput Sahib Resolution, 1973?
The Akali Dal issued the contentious Anandpur Sahib Resolution in 1978. By limiting the responsibility of the Centre to military, international relations, communications, railways, and currency, it attempted to grant states more authority. It further contended that the government had residuary powers.
What were the recommendations of the West Bengal Memorandum?
The West Bengal Memorandum was published by the West Bengal Communist administration in December 1977. In the constitution, the word 'union' should be substituted by the word 'federal.' Defense, foreign affairs, communications, and economic cooperation will be the sole responsibilities of the centre.
What was the background of the Punchhi Commission?
The Punchhi Commission was established by the Central Government in 2007 to look into the relationship between the centre and the states, as well as the idea of giving the centre broad powers for suo moto deployment of Central forces in states and investigation of national security offences. M.M. Punchhi, the former Chief Justice of India, presided over the meeting. In 2009, it made a suggestion.
What were the recommendations of the Punchhi Commission?
The Union should be extremely cautious in establishing Parliamentary supremacy in sectors allotted to the states by granting governors a five-year term and dismissing them through the impeachment procedure.
What were the recommendations of the NCRWC?
According to Article 307 of the Constitution, the Inter-State Trade and Commerce Commission should be constituted. A committee consisting of the Prime Minister, the Home Minister, the Speaker of the Lok Sabha, and the Chief Minister of the state in question nominates the Governor. The Concurrent List of the Seventh Schedule should cover disaster and emergency management.