The reports of the Commissions / Committees appointed by the Government of India relating to Union-State Relations.
Commission on Centre-State Relations (Sarkaria Commission)
Sarkaria Commission (1988)
Reports of the Sarkaria Commission (All chapters of the Report in PDF Format)
The Commission was constituted in June, 1983 under the chairmanship of Shri R.S. Sarkaria, a retired judge of the Supreme Court. The Commission was entrusted with the responsibility to examine and review the working of the existing arrangements between the Union and States in regard to powers, functions and responsibilities in all spheres and recommend such changes or other measures as may be appropriate. While examining and reviewing the working of the existing arrangements between the Union and States and making recommendations as to the changes and measures needed, the Commission was asked to keep in view the social and economic developments that had taken place over the years and have due regard to the scheme and frame-work of the Constitution.
The Report of the Commission had covered almost all aspects which have a bearing on Centre-State Relations. The recommendations of the Commission relating to financial relations, planning and river water disputes are briefly highlighted below.
The main recommendations on financial matters include, inter alia, upward revision of the limit on profession tax from the then existing Rs. 250 per annum, restriction of the levy of surcharge on income tax only for specific purposes, taking into account the opportunity cost of expenditure incurred on populist schemes, Union Government not departing from the recommendations of the Finance Commissions without compelling reasons, and review of royalty rates on minerals, petroleum and natural gas every two years.
Other emendations relating to financial matters include extending the period for overdrafts from 7 to 14 days, giving consent freely to States for borrowing from banks and financial institutions for periods less than one year under Clause (4) of Article 293, etc.
On matters relating to planning, the Commission recommended involvement of States at all stages of plan formulation, discouraging the practice of States submitting plan proposals aggregating to much higher plan size than that warranted by resources estimated by the Resources Working Group, keeping the number of Centrally Sponsored Schemes to the minimum, and evolving a mechanism like Finance Commission at the State level to enable the State Government take an objective view of resources to be devolved or transferred to the Districts.
On the issues inter-State river water disputes, the Commission recommended appointment of a Tribunal once an application under Section 3 of the Inter-State River Water Disputes Act (33 of 1956) is received from a State, within a period not exceeding one year from the date or receipt of the application of any disputant State, and the amendment of the Inter-State Water Disputes Act 1956 so that a Tribunal’s award has the same force and sanction behind it as an order or decree of the Supreme Court.
National Commission to Review the Working of the Constitution
National Commission to Review the Working of the Constitution
Report
In March 2000, the Government of India appointed the National Commission under the chairmanship of Justice M.N. Venkataachaliah, former Chief Justice of India to review the working of the Constitution, with a mandate to examine, in the light of the experience of the past fifty years, as to how best the Constitution can respond to the changing needs of efficient, smooth and effective system of governance and socio- economic development of modern India within the framework of parliament democracy and to recommend changes if any, without interfering with its basic structure.
Of the various recommendations made by the Commission, 58 recommendations involve amendment to the Constitution, 86 involve legislative measures and the rest involve executive action. The Commission made recommendations in respect of fundamental rights, directive principles, electoral processes, Parliament and State Legislatures, judiciary, Union-State relations, decentralization and devolution and pace of socio-economic change and development. In respect of the directive principles of the State policy, the Commission recommended a strategic plan of action to create a large number of employment opportunities in five years. In Chapter-6 relating to Executive and Public Administration, the Commission recommended that the district should be considered as a basic unit of planning for development. The Commission recommended that Union Government should take steps for the early enactment of the freedom of information legislation. To fight corruption and mal-administration, the Commission recommended enactment of Public Interest Disclosure Acts and protection of informants against retribution and any form of discrimination.
On the issue of Union State relations, the Commission recommended individual and collective consultations with States to be undertaken through the Inter State Council. The Commission also recommended that management of disasters and emergencies, natural or man-made should be included in the Concurrent List of the Constitution.
In respect of financial matters, the Commission recommended an appropriate amendment to the Constitution to enable States to levy and collect certain taxes which are currently being levied and collected by the Union.
For eliminating barriers to inter State trade and commerce, the Commission recommended establishing an Authority by Law called ‘The Inter-State Trade and Commerce Commission’.
River disputes between two or more States should be heard and disposed by a Bench of not less than three Judges and if necessary, a Bench of five Judges of the Supreme Court.
Under the head pace of socio-economic development, the Commission recommended residential schools for SCs and STs in every district in the Country, bringing under the purview of a statute covering all aspects of reservation for members of SC, ST and BCs. The Commission recommended setting up Arakshan Nyaya Adalats or Tribunals to adjudicate upon all cases and disputes pertaining to reservation in posts and vacancies in government, public sector, banks and other financial institutions, universities and organizations to which reservations are applicable.
Commission on Centre-State Relations (Punchhi Commission)
Punchhi Commission (2010)
Report of the Commission on Centre State Relations ( All the Volumes of the Report In PDF Format)
The Government of India had set up the Commission on Centre-State relations in September, 2005 with Justice Madan Mohan Punchhi, former Chief Justice of India as its Chairman. The Commission had been set up to examine and review the working of the existing arrangements between the Union and States, in regard to powers, functions and responsibilities in all spheres and recommend such changes as may be appropriate.
After examining all aspects, the Commission had come to the conclusion that cooperative federalism would be the key for sustaining India’s unity, integrity and social development in future. On this issue of Centre-State fiscal relations, the Commission recommended a comprehensive review of all transfers to States with a view to minimizing the component of discretionary transfers, particularly those transferred to Centrally Sponsored Schemes. Other recommendations include, cost sharing in the implementation of all future Central legislations, revision of royalty rates on major minerals at least once in every three years, sharing of offshore royalties, targets under Fiscal Responsibility and Budget Management Acts to be made State Specific, review of all existing cesses and surcharges with a view to bringing down their share in the gross tax revenue of the Centre, etc.
The Commission’s recommendations with regard to Planning Commission and plan formulation include restricting the plan formulation to five years and dispensing with the approval of annual plans of States, and reduction in the number of CSS in a phased manner. The Commission also recommended that the Planning Commission should focus more on coordination rather than micro managing sectoral plans of the Central Ministries and the States.