Sarkaria Commission

Sarkaria Commission

TOPIC: Polity

Context- On February 13, West Bengal Chief Minister Mamata Banerjee called her Tamil Nadu counterpart M K Stalin and suggested a meeting of CMs of non-BJP ruled states over the “constitutional overstepping and brazen misuse of power by (their) Governors”.

Concept-

About Sarkaria Commission:

• The Sarkaria Commission was set up in 1983 by the central government of India.
• The Sarkaria Commission’s charter was to examine the central-state relationship on various portfolios and suggest changes within the framework of Constitution of India.
• The Commission was so named as it was headed by Justice Ranjit Singh Sarkaria(Chairman of the commission), a retired judge of the Supreme Court of India.
• The other members of the committee were Shri B. Sivaraman (Cabinet Secretary), Dr S.R. Sen (former Executive Director of IBRD) and Rama Subramaniam (Member Secretary).

Recommendations on Role of Governor:

• On the issue of appointment of the Governors, it made some important recommendations, as given in the following:
  • The Governor should be eminent in some walk of life and from outside the state.
  • He should be a detached figure without intense political links, or should not have taken part in politics in the recent past.
  • Besides, he should not be a member of the ruling party.
  • He should be appointed after effective consultations with the state Chief Minister and Vice President and Speaker of the Lok Sabha should be consulted by the PM before his selection.
  • Procedure of consulting the chief minister in the appointment of the state governor should be prescribed in the constitution itself
  • As far as possible, the governor should enjoy the term of five years.
  • He should be removed before his tenure only on the grounds as mentioned in the constitution or if aspersions are cast on his morality, dignity, constitutional propriety, etc.
  • In the process of removal, the state government may be informed and consulted.

Other Important Recommendations:

• Setting up a permanent inter-state council.
• Article 356 should be used sparingly.
• Residuary power should remain with the parliament.
• Reasons should be communicated to the state when state bills are vetoed by the President.
• Centre should have powers to deploy its armed forces, even without the consent of states. However, it is desirable that the states should be consulted.
• Institution of all-India service should be strengthened.