Sarkaria Commission, Recommendations

The Sarkaria Commission was established in 1983 by the Government of India to examine and review the workings of the Indian federal system and suggest improvements in Centre-State relations. It was chaired by Justice R. S. Sarkaria, a retired Supreme Court judge.

The commission studied various areas of governance, focusing on legislative, administrative, and financial relations between the Centre and the States. Its recommendations aimed to promote cooperative federalism and address issues like governors’ discretionary powers and the use of Article 356.

Sarkaria Commission

The clash of interests between the Centre and the States has been a long-standing issue in India, often causing disturbances in the smooth functioning of the democratic machinery. In response to these challenges, the Sarkaria Commission was set up in 1983 by the Parliament under the chairmanship of Justice R. S. Sarkaria. Along with members Shri B. Sivaraman and Dr. S. R. Sen, the commission examined the existing arrangements between the Union and the States.

• Objectives: Its primary objective was to assess the distribution of powers, functions, and responsibilities and recommend reforms to ensure better coordination and cooperation between the two levels of government.

Sarkaria Commission Recommendations

The Sarkaria Commission made several crucial recommendations to improve Centre-State relations and ensure a balanced distribution of powers. It emphasized the need for restraint in using Article 356 and suggested that it should only be applied as a last resort. The Commission recommended strengthening fiscal federalism by giving States more financial autonomy and suggested reforms in the appointment and role of Governors to ensure they remain impartial. It also proposed establishing a permanent Inter-State Council to promote dialogue between the Centre and the States, fostering greater cooperative federalism.

Sarkaria Commission on Emergency Provisions

The Sarkaria Commission emphasized that Article 356 should be invoked very sparingly and only in extreme cases, as a measure of last resort, when all available alternatives to rectify or prevent a breakdown of the constitutional machinery in the State have been exhausted.

• In cases where the State Government is not functioning per the Constitution, or where there is a failure of constitutional machinery in the State, the Sarkaria Commission recommended that a warning should be issued to the errant State.
• Additionally, before taking action under Article 356, any explanation provided by the State should be duly considered.
• In the event of a political breakdown, the Governor is required to explore all possibilities for forming a government that enjoys majority support in the State Assembly.
• Furthermore, the State Legislative Assembly should not be dissolved either by the Governor or the President before the proclamation under Article 356(1) is laid before Parliament.

Sarkaria Commission on Inter-State Council

The Sarkaria Commission recommended the establishment of a permanent Inter-State Council under Article 263, to be called the Inter-Governmental Council. The Commission suggested that the Council should consist of a General Body that would be assisted by a smaller Standing Committee. The General Body of the Inter-Governmental Council would consist of the following members:

1. Prime Minister (Chairman)
2. All Chief Ministers of the States
3. All Union Cabinet Ministers, or those Union Ministers dealing with subjects of common interest to both the Union and the States.

Sarkaria Commission on Appointment of Governor

The Sarkaria Commission stressed the importance of consultation with the State Chief Minister during the appointment of the governor and proposed that the Governor’s tenure should generally be five years, only to be disturbed in exceptional circumstances. The key recommendations for the appointment of Governors are:

• The appointee should be eminent in some walk of life.
• The Governor should be a person from outside the State.
• The Governor should be a detached figure, not too involved in local politics.
• The appointee should not have been too actively involved in politics, particularly in recent years.
• A politician from the ruling party at the Union shouldn’t be appointed as Governor in a State governed by another party or coalition.

Sarkaria Commission on All-India Services

The Sarkaria Commission affirmed that the All India Services (AIS) remains as essential today as they were when the Constitution was framed. The Commission strongly opposed any move to disband the AIS or allow States to opt out of the scheme, deeming such actions as retrograde and harmful to the nation’s broader interests. The key recommendations for the strengthening of the All India Services are:

• Improvements should be made in the selection, training, deployment, development, and promotion processes for AIS officers.
• There should be a shift from the current emphasis on generalism to greater specialization in specific areas of public administration.
• Training and career development policies should be aligned to promote specialization within the services.

Sarkaria Commission on Legislative Relations

The Sarkaria Commission made significant recommendations regarding Legislative Relations between the Centre and the States, focusing on the need for coordination and cooperation in areas of shared responsibility. The Commission recommended that residuary powers of legislation related to taxation matters should remain exclusively with Parliament, while other residuary subjects, except taxation, should be placed in the Concurrent List. Other key recommendations include:

• The coordination of policy and action in concurrent or overlapping areas of jurisdiction should be achieved through mutual consultation and cooperation.
• In the field of education, the Union Government should set norms and standards, with professional bodies like the U.G.C. responsible for oversight, while actual implementation should be left to the States.
• When a Resolution for the abolition or creation of a Legislative Council is passed by a State Legislative Assembly, the President should present it to Parliament along with the comments of the Union Government. Parliament should then decide whether to accept or reject the request within a reasonable time.

Sarkaria Commission on Financial Matters

The Sarkaria Commission made several key recommendations on financial matters, focusing on improving fiscal coordination between the Union and the States. The Commission emphasized that the surcharge on income tax should not be levied by the Union Government unless it is for a specific purpose and a limited period, ensuring that such measures are not used excessively or indefinitely. Key recommendations on financial matters include:

• The Finance Commission should draw upon experts from different parts of the country.
• To ensure an adequate flow of funds to backward regions within States, the Commission suggested the creation of expert bodies similar to the Finance Commission at the State level.

Sarkaria Commission Other Recommendations

Apart from its major suggestions on Centre-State relations, the Sarkaria Commission provided several other recommendations aimed at improving administrative practices and resolving disputes more effectively. Some key additional recommendations include:

• The Governor should not act against the advice of the Council of Ministers in dealing with a State Bill presented to the President under Article 200.
• State governments should avoid the practice of repeatedly promulgating Ordinances without seeking to replace them with an Act of the Legislature.
• The Inter-State Water Disputes Act should be amended to empower the Union Government to appoint a tribunal suo motu if necessary when a dispute is confirmed.
• Government work at both the Union and State levels should be conducted in the local language, especially when it affects local populations, to ensure better governance in a welfare State.

Sarkaria Commission Significance

The Sarkaria Commission’s recommendations played a significant role in shaping Centre-State relations in India. Though not all recommendations were implemented, the report has remained an important reference point for subsequent commissions and reforms, including the Punchhi Commission. It enhanced awareness of the need for greater cooperation and dialogue between the Centre and the States, especially in handling sensitive matters like the use of Article 356.

Sarkaria Commission UPSC PYQs

Question 1) Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past? (UPSC Prelims 2019)

(a) First Administrative Reforms Commission (1966)

(b) Rajamannar Committee(1969)

(c) Sarkaria Commission (1983)

(d) National Commission to Review the Working of the Constitution(2000)

Ans: (c)