The Sarkaria Commission was established by the Indian government in 1983 to investigate many issues, the most important of which was the relationship between the center and the states. The Sarkaria Commission's most important recommendation was the establishment of a permanent Inter-state council known as the Intergovernmental Council. According to the Commission, this council should be established under Article 263 of the constitution. The UPSC Indian Polity and Governance Syllabus include recommendations of the Sarkaria Commission which is described in this article.

Sarkaria Commission - Historical Background

• The Ministry of Home Affairs established a Commission on June 9, 1983, under the chairmanship of Retd. Justice R.S. Sarkaria, with Shri B. Sivaraman and Dr. S.R. Sen as members, to review the working of the existing arrangements between the Union and the States in the changed socio-economic scenario.
• In all areas, the Commission studied and analyzed the functioning of the current arrangements between the Union and States in terms of powers, functions, and duties, and suggested any changes or other steps that were necessary.
• The commission will take into account the social and economic changes that have occurred over time, as well as the Constitution's scheme and framework, which the founding fathers painstakingly designed to protect the country's independence and ensure the country's unity and integrity, both of which are critical for promoting the people's welfare.

Recommendations of Sarkaria Commission

• In October 1987, the Commission issued its report, which included 247 recommendations. It firmly rejected the call for the center's power to be curtailed, stating that a strong center is necessary to maintain national unity and integrity. Over-centralization, on the other hand, was identified as a preventable problem.

Recommendation on Judiciary

• High Court judges should not be transferred without their will.

Recommendation on Administrative Relation

• Sarkaria made the following observations on administrative relations: "Federalism is more of a functional arrangement for cooperative activity than a static institutional concept."

On selection of a person to the office of the Governor

• The Sarkaria Commission has proposed the following additional criteria for appointing someone to the Governorship.
• A politician from the federal government's dominant party should not be appointed Governor of a state ruled by another party or a coalition of parties.
• After consulting with the Chief Minister of the State in question, he must be nominated.
• He should be a well-known figure in some field.
• He should come from outside the country and be a distant figure who isn't too involved in the country's local politics.
• He should be someone who hasn't been involved in politics in the past, especially in the recent past.
• People who are members of minority groups should be given an opportunity.
• His term in office must be assured, and he should not be removed from office unless there are exceptionally compelling grounds or if disciplinary action is being taken against him. He must be given a reasonable opportunity to demonstrate his case against the grounds for his removal. In the event that the Governor is terminated or resigns, the Government should present a statement to both Houses of Parliament detailing the reasons that led to the removal or resignation, as the case may be.
• After he leaves office, he should be barred from holding any other constitutional position other than Governor, Vice-President, or President.
• He is not an agent of the Centre just because he prepared a report pursuant to Article 356. He does so because he swears allegiance to the Constitution, the law, and the people of the state. He must be satisfied that there is a genuine breakdown of constitutional machinery, which he must report in the public interest.
• Reasonable post-retirement benefits should be offered at the end of his service.

On selection of the Chief Minister by the Governor

• The Governor should be guided by the following principles when selecting a Chief Minister:
• To establish the government, the party or coalition of parties with the most votes in the Legislative Assembly should be called upon.
• The Governor's job is to make sure that a government is established, not to strive to form a government that will follow policies that he approves of.
• If a single party has an absolute majority in the legislature, the party's leader shall be invited to become the Chief Minister automatically.
• If no such party exists, the Governor should choose a Chief Minister from the following party or group of parties by sounding them in the following order of preference:
• Prior to the elections, a coalition of parties was formed.
• With the assistance of others, including "independence," the largest single party is making a claim to form the government.
• A post-election alliance of parties in which all coalition partners join governments.
• A post-election alliance of parties that includes some members of a government and others, including "independents," who support the government from the outside.
• During the above-described process, the Governor should choose a leader who, in his (Governor's) opinion, is most likely to command a majority in the Assembly.
• A Chief Minister should seek a vote of confidence in the Assembly within 30 days after taking office unless he is the leader of a party with an absolute majority in the Assembly. With the sanctity of a Rule of Law, this practice should be followed faithfully.
• Outside of the Assembly, the Governor should not take the risk of deciding the question of majority support on his own. It would be prudent for him to put the competing assertions to the test on the House floor.

Recommendations on Article 356

• According to the Commission, this item has been utilized for political reasons in 90% of the cases. As a result, it was suggested that:
• The reasons why the state cannot be managed according to the Constitution's normal provisions should be included in the President's declaration.
• Before resorting to Article 356 as a last resort, the federal government should give a warning to the state administration.
• It should not be exploited for political gain.
• Article 356 should be changed so that the President can only dissolve the State Legislature with Parliament's permission.

Sarkaria Commission’s Recommendation on Legislative Matters

Recommendation on Article 258:

• According to the report, the President should delegate some executive functions of the Union in consultation with the states. This will aid in the promotion of "cooperative federalism."

Recommendation on Concurrent List:

• The federal government should relinquish jurisdiction over items on the concurrent list and consult with state governments before implementing legislation on them.

Recommendation on Article 252:

• If parliament passes legislation under Article 252 (with mutual consent of two or more nations), it should only be in effect for three years.
• Although the States have given Parliament the right to legislate, such laws can currently only be repealed by Parliament at any time.

Recommendation On Inter-State River Water Tribunals:

• The award of the Inter-State River Water Tribunals should be made automatically binding three months after the judgment is made, not after the center notifies the parties.

Recommendation On Inter-State Council:

• Article 263 requires the center to form an "Inter-State Council," which should be renamed "Intergovernmental Council" to avoid political concerns.

Recommendation On Tax Sharing

• In light of the necessity for states to mobilize more resources, taxation power, which was previously on the union list, should be moved to the concurrent list.
• The surcharge must only be in place for a short time.

Conclusion

• The central government has implemented 180 of the Sarkaria Commission's recommendations (out of 247).
• Some of the recommendations have been implemented, such as having the governor come from outside the state.
• The significance of putting the Sarkaria commission's recommendations on governor selection and appointment into implementation has been repeatedly emphasized by the Supreme Court.
• The government has agreed to a couple of the Sarkaria Commission's recommendations on Articles 356 and legislative matters. The Inter-State Council's name, however, has not been altered to 'Intergovernmental Council,' as the Commission advised.

FAQs

MCQs

1. Which year was the Sarkaria Commission established?

A. 1983
B. 1975
C. 1992
D. 1988

2. According to the Sarkaria Commission, under what circumstances should Article 356 be used?

A. For administrative convenience
B. As a regular tool for governance
C. Only in exceptional circumstances
D. At the discretion of the President

3. What was one of the key recommendations of the Sarkaria Commission regarding financial relations?

A. States should depend entirely on the centre for resources
B. Greater financial autonomy for states
C. Uniform tax structure across India
D. Financial control should remain with the centre

4. Which body did the Sarkaria Commission recommend activating as a permanent body for resolving centre-state disputes?

A. NITI Aayog
B. Inter-State Council
C. National Development Council
D. Zonal Councils

5. Which list did the Sarkaria Commission recommend the Union Government should consult states before legislating on?

A. Union List
B. State List
C. Concurrent List
D. Residual List

GS Mains Questions and Model Answers

Q1: Discuss the significance of the Sarkaria Commission in strengthening federalism in India.

Answer: The Sarkaria Commission played a significant role in strengthening federalism by addressing critical issues of centre-state relations. Its recommendations, particularly those related to the Governor's appointment, the use of Article 356, and the activation of the Inter-State Council, aimed to reduce friction between the centre and the states. By suggesting a more equitable distribution of resources and enhancing state autonomy in financial matters, the Commission provided a balanced approach to federalism. The Commission's emphasis on cooperative federalism and the consultation of states on concurrent matters furthered the spirit of collaboration within India's federal structure.

Q2: Analyze the recommendations of the Sarkaria Commission regarding the use of Article 356. How do these recommendations aim to prevent its misuse?

Answer: The Sarkaria Commission recommended that Article 356 should be used only in exceptional circumstances and after a detailed investigation. It suggested that the imposition of President's Rule should be the last resort when all other options have failed. These recommendations aimed to prevent the misuse of Article 356 for political purposes and to protect the autonomy of state governments. The Commission also stressed the need for transparency in the process and for judicial review to ensure that the Article is not misused.

Q3: How did the Sarkaria Commission's recommendations on financial relations promote greater fiscal autonomy for states?

Answer: The Sarkaria Commission recommended greater fiscal autonomy for states by advocating for a more equitable distribution of tax revenues between the centre and the states. It emphasized that states should have greater control over their financial resources to manage their expenditures and developmental needs. The Commission also highlighted the importance of strengthening the role of the Finance Commission to ensure that financial devolution is fair and just. These recommendations were aimed at promoting a balanced economic growth across states and reducing financial dependence on the centre.

Previous Year Questions on Sarkaria Commission

1. UPSC CSE Mains 2020 (GS Paper 2)

Question: The role of Governors in state politics has often been a matter of controversy. In light of the Sarkaria Commission's recommendations, discuss how the appointment and role of Governors can be depoliticized.

Answer: The Sarkaria Commission recommended that the Governor should be a neutral figure and the Chief Minister should be consulted during the appointment process. It emphasized that the Governor should be someone who has not been closely connected with local politics and should remain non-partisan. By making the process more transparent and involving the state leadership, the Commission sought to depoliticize the Governor’s role and reduce controversies regarding the office. The recommendation to limit the discretionary powers of the Governor further aimed at ensuring neutrality.

2. UPSC CSE Mains 2018 (GS Paper 2)

Question: How does the Sarkaria Commission's report address the issue of the misuse of Article 356 in India?

Answer: The Sarkaria Commission addressed the issue of the misuse of Article 356 by recommending that it should be used sparingly and only in extreme situations where the constitutional machinery of the state has completely broken down. It suggested that before invoking Article 356, alternative means of resolving the crisis should be explored. The Commission also emphasized that the imposition of President’s Rule should follow a detailed and impartial inquiry, and the action should be subject to judicial review to prevent misuse for political purposes.