Sarkaria Commission was constituted by the Government of India in 1983 to look after the situation on various matters, the most important being centre-state relations. The most important recommendation that the Sarkaria Commission made was the setting up of a permanent Inter-state council called the Intergovernmental Council. The Commission recommended that this council should be set up under Article 263 of the constitution. The UPSC Indian Polity and Governance Syllabus includes Sarkaria Commission Report which is described in this article.

Sarkaria Commission Report - Historical Background

• With a view to reviewing the working of the existing arrangements between the Union and the States in the changed socio-economic scenario, the Ministry of Home Affairs constituted a Commission in June 9, 1983 under the Chairmanship of Retd. Justice R.S. Sarkaria with Shri B. Sivaraman and Dr. S.R. Sen as its members.
• The Commission examined and reviewed the working of the existing arrangements between the Union and States in regard to powers, functions and responsibilities in all spheres and recommended such changes or other measures as may be appropriate.
• The commission keep in view the social and economic developments that have taken place over the years and have due regard to the scheme and framework of the Constitution which the founding fathers have so sedulously designed to protect the independence and ensure the unity and integrity of the country which is of paramount importance for promoting the welfare of the people.

Sarkaria Commission Report - Recommendations

• The Commission submitted its report in October 1987 with 247 recommendations.
• It out-rightly rejected the demand for curtailing the power of centre and stated that a strong center is essential to safeguard national unity and integrity. However, it observed the over-centralization as an avoidable phenomenon.

Recommendation on Administrative Relation

• On administrative relations, Sarkaria made some observations: “Federalism is more a functional arrangement for cooperative action than a static institutional concept”.

Sarkaria Commission on selection of a person to the office of the Governor

• The Sarkaria Commission has suggested the following additional criteria for selecting a person to the office of the Governor.
• A politician belonging to the ruling party at the Centre should not be appointed as Governor of a State being run by some other party or by a combination of other parties.
• He must be appointed after consultation with the Chief Minister of the State concerned.
• He should be an eminent person in some walk of life.
• 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.
• Persons belonging to the minority groups should continue to be given a chance.
• 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.
• After he vacates office, he should not be allowed any other Constitutional post except that of Governor, Vice-President and President.
• Just because he prepared a report under Article 356 it does not mean that he is an agent of the Centre. This is because he takes oaths in the name of the Constitution, the law and the people of the State. He should be satisfied bona fide that there is a breakdown of Constitutional machinery he should report in the interest of the State.
• At the end of his tenure, reasonable post-retirement benefits should be provided.

Sarkaria Commission on selection of the Chief Minister by the Governor

• In choosing a Chief Minister, the Governor should be guided by the following principles, viz.
• The party or combination of parties which command the widest support in the Legislative Assembly should be called upon to form the Government.
• The Governor’s task is to see that a Government is formed and not to try to form a government which will pursue policies which he approves.
• 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 form 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.
• The Governor while going through the process described above should select a leader who in his (Governor’s) judgement is most likely to command a majority in the Assembly.
• A Chief Minister, unless he is the leader of a party which has an absolute majority in the assembly, should seek a vote of confidence in the Assembly within 30 days of taking over. This practice should be religiously adhered to with the sanctity of a Rule of Law.
• The Governor should not risk determining the issue of majority support, on his own, outside the Assembly. The prudent course for him would be to cause the rival claims to be tested on the floor of the House.

Sarkaria Commission on Article 356

• The Commission noted that this article has been misused in 90 percent of the cases for political purposes. So, it recommended that:
• The President proclamation should include the reasons as to why the State cannot be run as per the normal provision of the Constitution.
• As far as possible, the centre should issue a warning to the State government before resorting to the use of Article 356.
• It should not be used to serve political purposes.
• Article 356 should be amended so that the President be empowered to dissolve the State Legislature only after approval by the Parliament.

Sarkaria Commission’s Recommendation on Legislative Matters

Recommendation on Article 258:

• The commission recommended that the President should delegate some of the Union executive function in concurrence with the states. This will help in furthering the spirit of “cooperative federalism”.

Recommendation on Concurrent List:

• The centre should loosen its control over the subjects of the concurrent list and consult the State Government before enacting any laws on such subjects.

Recommendation on Article 252: 

• In case parliament makes law under Article 252 (by the mutual consent of two or more states) such law should be in force for not more than three years.
• Currently such law can only be repealed by Parliament whenever it wants, Although the power to Legislate has been given by the States.

Recommendation On Inter-State River Water Tribunals:

• The award of the Inter-State River Water Tribunals should be made binding automatically, three months after the award has been given and not after the notification by the centre.

Recommendation On Inter – State Council:

• Under Article 263, the centre should appoint “Inter-State Council” and its name should be changed to “Intergovernmental Council”, so as to exclude political issues.

Recommendation On Tax Sharing

• Taxation power, which were so far in the union list, should be shifted to the concurrent  list in view of the need for  states to mobilize  more resources.
• The surcharge must be levied for a limited period.

Recommendation on Judiciary

• The judges of the High Court should not be transferred against their will.

Conclusion

• The Central government has implemented 180 (out of 247) recommendations of the Sarkaria Commission. Some of the proposals, such as having the governor come from outside the state, have been implemented. The Supreme Court has often highlighted the importance of putting the Sarkaria commission's recommendations on governor selection and appointment into action. Government has accepted a few recommendations of the Sarkaria Commission of Articles 356 & legislative matter. However, the name of the inter-State Council has not been changed to ‘Intergovernmental Council’ as recommended by the Commission.
• It did not favour structural changes and regarded the existing constitutional arrangement and principles relating to the institution as sound. But it emphasized the need for the change in functional or operational aspect.

FAQs

Q1: What was the main objective of the Sarkaria Commission?

Q2: What were the key recommendations of the Sarkaria Commission?

Q3: How did the Sarkaria Commission address the issue of emergency provisions?

Q4: What impact did the Sarkaria Commission have on Indian federalism?

Q5: What is the significance of the Sarkaria Commission in contemporary Indian politics?

MCQs

1. What year was the Sarkaria Commission established?

(a) 1980

(b) 1983

(c) 1985

(d) 1990

2. Which of the following was a recommendation of the Sarkaria Commission?

(a) Centralization of powers

(b) More autonomy for states

(c) Abolition of state governments

(d) Complete independence for states

3. The Sarkaria Commission suggested reforms in which area?

(a) Electoral system

(b) Central agencies' functioning in states

(c) Judiciary

(d) Local self-governments

4. What did the Sarkaria Commission say about emergency provisions under Article 356?

(a) They should be used frequently.

(b) They should be abolished.

(c) They should be used sparingly and with consultation.

(d) They should apply only to union territories.

5. What is the primary focus of the Sarkaria Commission's report?

(a) Economic policies

(b) Social justice

(c) Indian federalism

(d) Foreign relations

GS Mains Questions and Model Answers

Q1: Analyze the recommendations of the Sarkaria Commission and their relevance to Indian federalism.

Answer: The Sarkaria Commission's recommendations emphasize the need for a balanced federal structure in India, advocating for enhanced state autonomy while maintaining the integrity of the Union. The report highlighted key areas such as the distribution of powers, the functioning of central agencies in states, and the use of emergency provisions under Article 356. Its advocacy for cooperative federalism remains pertinent today as it addresses contemporary challenges in governance, including regional disparities and demands for greater state rights. The Commission's emphasis on consultation and collaboration between the Centre and states continues to influence policy-making, making its recommendations a foundational text in the study of Indian federalism.

Q2: Discuss the impact of the Sarkaria Commission on state-central relations in India.

Answer: The Sarkaria Commission has had a lasting impact on state-central relations in India by highlighting the need for a more equitable distribution of powers and responsibilities. Its recommendations prompted discussions on the autonomy of states and the central government's approach to governance. The call for reform in the administration of central agencies in states and the emphasis on respecting state autonomy have led to increased awareness and initiatives aimed at promoting cooperative federalism. Moreover, the Commission's findings have influenced subsequent constitutional amendments, which aim to strengthen state rights and address the concerns of regional disparities, thereby shaping the landscape of Indian politics and governance.

Q3: Evaluate the significance of the Sarkaria Commission's findings in the context of contemporary political dynamics in India.

Answer: The significance of the Sarkaria Commission's findings is underscored by the evolving political dynamics in India, where demands for regional autonomy and decentralized governance are gaining prominence. The Commission's emphasis on cooperative federalism resonates with current political discourse, advocating for a collaborative approach to governance that respects the diversity of states while ensuring national integrity. Its recommendations serve as a framework for addressing contemporary issues such as inter-state disputes, resource allocation, and policy implementation. Furthermore, as regional parties gain strength, the need for a balanced power dynamic becomes increasingly critical, making the Sarkaria Commission's findings relevant in guiding contemporary governance and political strategies.

Previous Year Questions on  Sarkaria Commission Report

1. UPSC CSE 2021

Question: "Examine the role of the Sarkaria Commission in shaping the federal structure of India."

Answer: The Sarkaria Commission played a pivotal role in shaping the federal structure of India by addressing the complexities of state-central relations and advocating for a more balanced distribution of powers. Established in 1983, its findings underscored the importance of state autonomy and cooperative federalism, which are essential for addressing regional disparities and governance challenges in a diverse nation like India. The Commission recommended reforms in various areas, including the administration of central agencies in states and the appropriate use of emergency provisions under Article 356. By emphasizing the need for consultation and collaboration between the Centre and states, the Sarkaria Commission laid the groundwork for ongoing discussions about federalism in India. Its recommendations continue to influence constitutional amendments and policy reforms aimed at enhancing state rights, thereby making a lasting impact on Indian political dynamics.

2. UPSC CSE 2022

Question: "Analyze the implications of the Sarkaria Commission's recommendations on contemporary governance in India."

Answer: The implications of the Sarkaria Commission's recommendations on contemporary governance in India are significant as they provide a framework for understanding the dynamics of federalism in a rapidly changing political landscape. The Commission's advocacy for a more equitable distribution of powers and greater state autonomy resonates with current demands for decentralized governance. Its emphasis on cooperative federalism highlights the necessity for collaboration between the Centre and states, particularly in managing inter-state issues and regional development. The recommendations regarding emergency provisions and the functioning of central agencies underscore the importance of respecting state autonomy while maintaining national integrity. As India navigates complex governance challenges, the Sarkaria Commission's insights remain relevant, guiding policymakers in fostering a balanced and effective federal structure that accommodates the diverse needs of its population.