Sarkaria Commission

Topic: Federalism and Centre-State Relations · NCERT: Class 11, Ch 7 "Federalism"

Meaning

The Sarkaria Commission was the first Commission on Centre-State Relations. It was set up in 1983 under Justice R.S. Sarkaria, a retired Supreme Court judge. It submitted its report in 1987–88 with 247 recommendations [3].

It matters because it shaped the debate on how the Union and the states should share power. One of its main proposals led to the creation of the Inter-State Council in 1990 [3].

Explanation

Why it was set up

• Centre-State relations are about how the Union and the states share three kinds of power: making laws, running the government and handling money. These rules are in Parts XI and XII and the Seventh Schedule.
• By the early 1980s, many states had complaints:
• President's rule (when the Union government takes over the running of a state for a time, under Article 356) was used often.
• Governors were seen as agents of the party ruling at the Centre.

• The Union made laws on Concurrent List subjects (subjects on which both the Union and the states can make laws) without asking the states.

• The Union replied by appointing the Sarkaria Commission to study the relationship.

Its basic approach

• It did not want a weaker Centre or a major change to the structure.
• It accepted the existing constitutional design.

• It wanted that design to work fairly, with more consultation (the Centre asking the states before acting).

• Put simply: fix the practice, not the structure.

Main recommendations

• Inter-State Council: set up a permanent Inter-State Council under Article 263, where the Centre and the states can meet and settle problems by talking.
• Article 356: use President's rule only as a last resort, after every other way to fix the problem has failed.
• Governors:
• The Governor should be non-partisan (not active in party politics).
• The Governor should come from outside the state.
• The Governor should be chosen after consulting the Chief Minister.

• The Governor should normally complete the five-year term. Early removal should happen only for compelling reasons, and the Governor should get a chance to explain [6].

• Reservation of bills: the Governor can send a state bill to the President for approval instead of signing it (Articles 200/201). Sarkaria said this should be used sparingly (rarely).

• Concurrent List: the Union should consult the states before making laws on Concurrent List subjects.
• Zonal councils: these regional advisory forums of the Centre and states should be revived (made active again).
• All-India services: the IAS, IPS and IFoS should be kept, because they bind the Union and the states together.
• No extra roles for the Governor: state legislatures should not give the Governor statutory powers (powers under ordinary state laws) that the Constitution did not foresee [7].

Limits

• Its recommendations were only advice. They did not bind the government.
• Its Governor proposals were never made law. Article 156, which covers the Governor's term, is unchanged [6].

In the Constitution and practice

• Article 263: the President may set up an Inter-State Council if this serves the public interest. The Council can:
• (a) inquire into and advise on disputes between states;
• (b) study subjects of common interest to the Union and the states;

• (c) recommend better coordination of policy and action.

• Inter-State Council created (1990):

• Following Sarkaria, it was set up by a Presidential Order dated 28 May 1990, with the Prime Minister as chair [3].
• It is only advisory (its advice does not bind anyone).

• It has met only 11 times. The 11th meeting, on 16 July 2016, came after a gap of about 10 years [4].

• How far it was implemented: by November 2001, the Inter-State Council had taken a view on 230 of the 247 recommendations [3]:

• 108 had been implemented;
• 87 were being implemented;

• 35 had been rejected.

• Article 156 (Governor's term): the Governor holds office for five years but "during the pleasure of the President". This means the President, acting on the Union Cabinet's advice, can remove the Governor at any time. Sarkaria's advice did not change this text [6].

• B.P. Singhal v. Union of India (2010) [6]:
• The Union can remove a Governor without giving reasons.
• But the removal must not be arbitrary (without good reason). It needs rare and exceptional reasons.
• Losing the Centre's confidence is not enough.

• Courts can check a removal through judicial review (the courts' power to test government action against the Constitution).

• Later reviews built on Sarkaria:

• The NCRWC (2002, under Justice M.N. Venkatachaliah) again asked for restraint in using Article 356. It said the CM should be consulted before a Governor is removed early [6].

• The Punchhi Commission (2007–10) was the second Commission on Centre-State Relations [2].

• NCERT (Class 11, Ch 7) cites Sarkaria's advice on non-partisan Governors as one way to reduce Centre-State friction.

Don't confuse with

• Punchhi Commission: the second Commission on Centre-State Relations. It was set up in 2007, reported in 2010 and made 273 recommendations in 7 volumes [2]. Sarkaria (1983) was the first and made 247 [3].
• Inter-State Council: this is a body under Article 263, set up in 1990 [3]. The Sarkaria Commission was a commission that recommended making it permanent. The Commission advised; the Council was the result.
• Zonal Councils: these are statutory bodies (made by an Act of Parliament), created under the States Reorganisation Act 1956 [5]. Sarkaria did not create them. It only asked for them to be revived.
• Governor reforms (Sarkaria vs Punchhi): Sarkaria wanted a Governor from outside the state, chosen after consulting the CM. Punchhi wanted removal only by a resolution of the state legislature and a fixed five-year term [6].

Prelims Hooks

• Sarkaria Commission: set up in 1983, report in 1987–88, 247 recommendations, chaired by Justice R.S. Sarkaria [3].
• Sarkaria → a permanent Inter-State Council under Article 263 → created by a Presidential Order of 28 May 1990, chaired by the Prime Minister [3]. It is neither a statutory body nor a body with a fixed form in the Constitution.
• Trap: a Governor "from outside the state, chosen after consulting the CM" = Sarkaria. Removal of a Governor "only by a state legislature resolution" and "localised emergency" = Punchhi.
• By November 2001: of 230 recommendations considered, 108 implemented, 87 being implemented, 35 rejected [3].
• Sarkaria said Article 356 should be used only as a last resort, and the reservation of bills under Articles 200/201 should be used sparingly.
• Sarkaria supported keeping the all-India services and reviving the zonal councils.

Mains Points

• "Fix the practice, not the structure":
• Sarkaria kept a strong Centre. It pushed for consultation (on Concurrent List laws and on choosing Governors) and restraint (Article 356 as a last resort).
• This shows that Indian federalism changes more through conventions (accepted practices) than through constitutional amendments.

• Weakness: its Governor reforms were never made law. Article 156 is unchanged, so B.P. Singhal (2010) is the only legal check on removing a Governor [6].

• Office of the Governor: Sarkaria's ideas are still the base for answers on Governor reform:

• a non-partisan person from outside the state;
• chosen after consulting the CM;
• normally completes the full term;
• gets no extra statutory roles under state laws [7].

Link these to the recent disputes over Governors as university chancellors, such as West Bengal (2022) and Tamil Nadu (April 2022) [7].

• The result it left behind is weak in practice:
• The Inter-State Council exists, but it is only advisory. It has met only 11 times since 1990 [4].
• Reform ideas: fixed yearly meetings, a permanent secretariat (a support office) that can do research, and a duty to follow up on its advice. These would make cooperative federalism (the Centre and the states working together) real.

Related concepts

• Punchhi Commission
• Inter-State Council
• Zonal councils
• North Eastern Council

Read more

• Reviewing the relationship: Sarkaria, Punchhi and the coordination bodies