Center to seek comments on Punchhi commission recommendations a fresh

Center to seek comments on Punchhi commission recommendations a fresh

Subject: Polity

Context: Federalism

Context: Nearly five years after announcing that its work on the Punchhi Commission’s report on Centre-state relations is “complete”, the Union Ministry of Home Affairs (MHA) has decided to start the process of seeking the states’ comments on the issue afresh.

Concept:

• The Punchhi Commission was constituted by the then Manmohan Singh-led UPA government in April 2007 under the chairmanship of former Chief Justice of India (CJI) Madan Mohan Punchhi. In 2010, the Commission submitted its report to the Centre in seven volumes.
• The Punchhi panel’s recommendations were considered by the ISC’s Standing Committee at its meetings held in April 2017
• The ISC’s Standing Committee on May 25, 2018, the Centre announced that the “work on Punchhi Commission Report, has been completed
• It has been decided to obtain updated comments of the State Governments/ UT Administrations on the recommendations of the Standing Committee.

Major responsibilities of the Punchhi Commission

• To inspect the possible role, obligations, jurisdiction and responsibilities of the Center during major communal violence conflagration like violence and other social societal conflicts.
• To find out if there is a need for setting up a “Central Law Enforcement Agency” to take the criminal matters up that are of national, interstate or international importance. Or matters that have implications on national security.
• To look into the practicality of deploying central forces in the state whenever needed wherein the Centre takes suo moto cognizance of the matters.
• To study the Centre’s responsibilities and obligations towards the states in the efficient delegation of power and autonomy to the Panchayati Raj institutions and other establishments which are considered local government bodies.
• To examine matters pertaining to the Centre-State relations. These should include matters like taxation and linking of rivers.
• To encourage independent budgeting and planning at the district level. To create a link between Central assistance of States and the performance of the States.
• To study the roles and responsibilities and the removal procedures with respect to Governors.
• To establish unified domestic marketing by examining the relevance of separate taxes for freeing the inter-state trade.

The 7 volumes of recommendations: Evolution of Centre-State Relations in India, Constitutional Governance and the Management of Centre-State Relation, Centre-State Financial Relations and Planning, Local Self Governments and Decentralized Governance, Internal Security, Criminal Justice and Centre-State Cooperation, Environment, Natural Resources and Infrastructure, Socio-Economic Development, Public Policy and Good Governance

Punchhi panel’s recommendations for federalism:

• All alternative courses available to the Union government for discharging its responsibility under Article 355 should be exhausted to contain the situation and the exercise of the power under Article 356 should be limited strictly to rectifying a “failure of the Constitutional machinery in the State
• The governor should invite the leader of “a pre-poll alliance commanding the largest number” or the “largest single party” to form the government in case no party or pre-poll coalition has a clear majority.
• States should be consulted through the inter-state council before bills are introduced on matters that fall in the concurrent list. A concurrent list is one of the three lists; in this, the matters on which both State and Centre government can formulate laws on are mentioned.
• The treaty-making power of the union should be regulated with respect to treaties formulated in concern with the matters present in the State list. This way, the states will get more representation in their internal affairs. The Commission identified that the states need to be more involved in such kinds of treaties that are formulated in reference to their issues.
• Creation of a superseding structure for matters relating to internal security (like the Homeland Security Department in the United States). This structure could be known as the ‘National Integration Council’. Further, it was recommended that this council should have at least one annual meeting and that a five-member delegation of the Council must, within a period of two days, visit any communally affected area.
• There should be an amendment in the Communal Violence Bill. According to this amendment, the Centre will have the right to deploy its forces in the State without the consent of the State for a limited period of time. Such deployment of forces can last only for a week and after that week ‘post-facto’ consent should be taken from the state
• Appointment and Removal of Governors 
  • The incumbent should stay away from active politics (even at a local level) for at least two years prior to his appointment.
  • There should be a say of the State’s Chief Minister while making the Governor’s appointment.
  • A committee should be formed that is entrusted with the task of appointment of governors. This committee may comprise the Prime Minister, the Home Minister, the Lok Sabha’s speaker and the concerned Chief Minister of the State.
  • Deletion of the Doctrine of Pleasure from the Constitution.
  • The term of appointment should be five years.
  • Governor could only be removed via a resolution by the State Legislature.
  • Recommendation of provision for the Governor’s impeachment by State Legislature.
  • Right of Governor to sanction the prosecution of ministers against the advice of the State Government.
  • It was also recommended by the Commission that the convention of appointing governors as chancellors of universities must also come to an end.