Punchhi Commission was set up to look into the new issues of Centre-State relations keeping in view the changes that have taken place in the polity and economy of India since the Sarkaria Commission had last looked at the issue of Centre-State relations over two decades ago. The Commission had submitted its report to the then Home Minister of India in March 2010. The UPSC Indian Polity and Governance Syllabus includes Punchhi Commission Report which is described in this article.

Punchhi Commission Report - Historical Background

• The Government of India constituted a Commission on Centre-State Relations under the chairmanship of Justice Madan Mohan Punchhi.
• Aim: To examined and reviewed the working of the existing arrangements between the Union and States, various pronouncements of the Courts in regard to powers, functions and responsibilities in all spheres including legislative relations, administrative relations, role of governors, emergency provisions, financial relations, economic and social planning, Panchayati Raj institutions, sharing of resources including inter-state river water etc."
• It was established on 27th of April, 2007.

Punchhi Commission Report - Highlights

• To investigate what role, duty, and authority the Centre might have during major and long-term outbreaks of communal violence, caste violence, or other social disputes.
• Other facets of the Centre-State relationship, such as taxes and river connections, will be examined.
• Examine whether a central law enforcement agency is required to conduct suo motu investigations into crimes with inter-State or worldwide ramifications that pose a serious threat to national security.
• To investigate the necessity and utility of distinct taxes for facilitating interstate trade and creating a unified domestic market.
• To promote the concept of independent planning and budgeting at the district level and linking Central assistance of various kinds with the performance of the States.
• To study the feasibility of supporting legislation under Article 355.
• To investigate the Centre's role, responsibility, and authority in promoting successful devolution of powers and autonomy to Panchayati Raj institutions and local bodies in relation to the States.

Recommendation Of Punchhi Commission In The Terms Of Reference Of The Finance Commission

• Considerations specified in the terms of reference of the Finance Commission should be even handled as between the Centre and the States. There should be an effective mechanism to involve the States in the finalization of the terms of reference of the Finance Commissions.
• It was concerned about the increase in the revenue collected through cesses and surcharges. It recommended that the Central Government should review all the existing cesses and surcharges with a view to bringing down their share in the gross tax revenue.
• Because of the close linkages between the plan and non-plan expenditure, an Expert Committee may be appointed to look into the issue of distinction between the plan and non-plan expenditure.
• There should be much better coordination between the Finance Commission and the Planning Commission. The synchronization of the periods covered by the Finance Commission and the five-year plan will considerably improve such coordination. The Punchhi Commission recommended that another attempt be made to synchronize the periods.
• The 12th Finance Commission recommended that the Finance Commission Division in the Ministry of Finance should be converted into a full-fledged department, serving as the permanent secretariat for the Finance Commissions. The Punchhi Commission endorsed this recommendation of the 12th Finance Commission.

Commission On Governor

• He should be from outside the State and a detached figure not too connected with the local politics of the State. He should be a person who has not taken an active part in politics, generally and particularly in the recent past at least two years prior to his appointment.
• He must be appointed after consultation with the Chief Minister of the State concerned.
• 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.
• His tenure of office must be guaranteed and should not be disturbed except extremely compelling reasons and if any action is to be taken against him. He must be given a reasonable opportunity for showing cause against the grounds on which he is sought to be removed. In case of such termination or resignation by the Governor, the Government should lay before both the Houses of Parliament a statement explaining the circumstances leading to such removal or resignation, as the case may be.
• Recommendation of provision for the Governor's impeachment by State Legislature.

Other Major Recommendation Of Punchhi Commission

In the context of Article 355 and Article 356

• The report also advised that Article 355 and Article 356 of the Constitution should be amended. The recommendation seeks to protect States' interest by curbing the centre's misuse of powers.
• It specified that the Centre should rather than bring the whole state under emergency, bring only the troubled area under its jurisdiction. The time period of an emergency should be more than three months.

In the context of Communal Violence Bill

• As per the Commission's recommendation, there should be an amendment in the Communal Violence Bill, as per which 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.

In the context of Concurrent List

• The Commission recommended that the States should be consulted through the inter-state council before bills are introduced on matters that fall in the concurrent list.

In the context of National Integration Council

• It recommended the creation of a superseding structure for matters relating to internal security. This structure could be known as the National Integration Council'.
• Further it 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.

In the context of President Pocket Veto Power

A provision should be made according to which the President's decision to exercise his Pocket Veto Power is communicated within a period of six months to the respective State.

In the context of Union’s Treaty making Power

According to the commission's recommendations, the union's treaty-making power should be limited to treaties involving topics on the State list. States will have more representation in their internal affairs this way. The Commission determined that nations should be more involved in treaties that are drafted in response to their concerns. This will ensure that the many levels of government can coexist peacefully.

Punchhi Commission On Choosing A Chief Minister By The Governor

• Punchhi Commission also gave certain guidelines for the Governor in choosing a Chief Minister:
• In choosing a Chief Minister, the Governor should be guided by the following principles, viz.
• The party or combination of parties that command the widest support in the Legislative Assembly should be called upon to form the Government.
• If there is a single party having an absolute majority in the assembly, the leader of the party should automatically be asked to become the Chief Minister.
• If there is no such party, the Governor should select a Chief Minister from among the following party or group of Parties by sounding them, in turn, in the order of preference indicated below.
• An alliance of parties that was formed prior to the elections.
• The largest single party staking a claim to form the government with the support of others including “independence”.
• A post-electoral coalition of parties, with all the partners in the coalition joining governments.
• A post-electoral alliance of parties with some of the parties in the alliance from a government and a remaining party, including “independents”, supporting the government from outside.

Conclusion

The M.M. Punchhi Commission has produced an insightful report with excellent proposals for seamless coordination and cooperation between the union government and state governments. Some of the proposals, such as having the governor come from outside the state, have been implemented. These recommendations should be implemented with a proper framework to extract the most benefit we can out of them.

FAQs

MCQs

1. What was the main purpose of the Punchhi Commission?

A) To study India's economic growth
B) To evaluate Centre-State relations
C) To propose election reforms
D) To investigate judicial appointments

2. When was the Punchhi Commission formed?

A) 1990
B) 2000
C) 2007
D) 2014

3. Who headed the Punchhi Commission?

A) Justice R.S. Sarkaria
B) Justice M.M. Punchhi
C) Dr. B.R. Ambedkar
D) Justice Y.V. Chandrachud

4. What recommendation did the Punchhi Commission make regarding the appointment of Governors?

A) They should be appointed for life
B) They should be chosen after consulting the Chief Minister
C) They should be elected by the people
D) They should only be from the judiciary

5. Under which Article does the Punchhi Commission recommend guidelines for the imposition of President’s Rule?

A) Article 356
B) Article 370
C) Article 239A
D) Article 324

GS Mains Questions and Model Answers

Q1: Examine the importance of the Punchhi Commission’s recommendations on Centre-State relations in India. How do these recommendations aim to strengthen cooperative federalism?

Answer: The Punchhi Commission’s recommendations are pivotal for strengthening Centre-State relations in India by addressing issues related to power distribution, governance, and cooperative federalism. The commission proposed reforms to ensure that the relationship between the Centre and the States is more balanced and cooperative. Key recommendations included enhancing the role of the Inter-State Council for better dispute resolution, refining the Governor’s role to make it more transparent and impartial, and providing guidelines for the imposition of President’s Rule under Article 356 to avoid misuse. These measures aim to foster trust and collaboration between the Centre and the States, ensuring that the federal structure operates efficiently while respecting the autonomy of each unit. By promoting dialogue, transparency, and equitable power-sharing, the Punchhi Commission's suggestions aim to reinforce the foundation of cooperative federalism in India.

Q2: What challenges have been identified in the implementation of the Punchhi Commission's recommendations? Suggest measures to overcome these challenges.

Answer: The implementation of the Punchhi Commission's recommendations has faced several challenges, including political resistance, lack of consensus among states, and administrative inertia. One of the main issues is the reluctance of the Centre and some States to adopt recommendations that could potentially limit their power. Additionally, the recommendations related to the Governor's role and President's Rule under Article 356 have seen limited uptake due to concerns over political control and authority. To overcome these challenges, building a broad-based political consensus and fostering dialogue between the Centre and State governments is essential. Strengthening institutions like the Inter-State Council and ensuring robust legislative action can facilitate the implementation of key recommendations. Regular review mechanisms and pilot programs could also help demonstrate the efficacy of these reforms, encouraging wider adoption.

Q3: Analyze the role of the Governor in State politics as recommended by the Punchhi Commission. How can these recommendations help prevent conflicts between the Centre and the States?

Answer: The Punchhi Commission's recommendations on the role of the Governor aim to make this position more impartial and effective, reducing potential conflicts between the Centre and the States. The commission suggested that the appointment of the Governor should involve consultation with the State's Chief Minister to ensure a more transparent and consensual process. It also emphasized that the Governor should act as a constitutional head and avoid involvement in day-to-day political affairs, using discretionary powers only in exceptional circumstances. By limiting the discretionary powers of the Governor and clarifying their role in governance, the recommendations seek to minimize political misuse and foster trust between the Centre and the States. These measures can help prevent conflicts by establishing a more balanced and accountable framework for the Governor's role, ensuring that State governments feel respected in their autonomy while maintaining constitutional harmony.

Previous Year Questions on the Punchhi Commission

1. UPSC CSE Prelims 2021:

Question: The Punchhi Commission was primarily established to address issues related to:

A) Electoral reforms
B) Centre-State relations
C) Economic liberalization
D) Judicial appointments

Answer: (B)

Explanation: The Punchhi Commission was set up to review and make recommendations on Centre-State relations in India to enhance cooperative federalism and governance.

2. UPSC CSE Mains 2020 (GS Paper 2):

Question: "Discuss the relevance of the Punchhi Commission's recommendations in the current context of Centre-State relations in India. How do these recommendations aim to promote cooperative federalism?"

Answer: The Punchhi Commission's recommendations remain highly relevant in the current context of Centre-State relations in India, particularly as cooperative federalism continues to face challenges. The recommendations include strengthening the role of the Inter-State Council, refining the use of President’s Rule under Article 356, and redefining the role of the Governor to prevent political bias. These suggestions aim to foster mutual respect and dialogue between the Centre and the States, ensuring that governance is cooperative rather than confrontational. By encouraging power-sharing, transparency, and constitutional adherence, the Punchhi Commission’s proposals support a more balanced federal structure. Implementing these recommendations can mitigate issues of overreach and ensure smoother Centre-State interactions, reinforcing the principles of cooperative federalism and enhancing national integration.