Centre-State Relationship: Challenges and Recommendations for Federalism

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Missing Federal Bridging institutions: India lacks a robust institutional architecture and conflict mediation process to resolve deadlock between Centre and State and to have amicable relationship between the two. The best example of this is the Inter – State council which was expected to promote the spirit of ‘cooperative federalism’ by meeting at least thrice a year. But till now the council has only met eleven times since its inception almost thirty years ago.

  • Growth in regionalism: There is growth in parochialism. People are increasingly identifying with their regional identities which is leading to a growth in secessionist tendencies. For example, the Khalistani movement in Punjab and secessionist demands in Jammu and Kashmir and certain regions in the north-east.
  • Foreign policy: The constitution grants absolute legislative power to the Parliament in the sphere of foreign policy. Foreign relations fall exclusively under the jurisdiction of the central or Union government. However, despite this clear delineation foreign policy and treaty making powers of the centre have been under greater scrutiny by the states. 
  • Role of states: Regional parties especially in West Bengal and Tamil Nadu have played a key role in determining the foreign policy stand of the government; the best example being the cancellation of the Teesta River Treaty agreement with Bangladesh due to opposition by West Bengal Chief Minister Mamata BanerjeeAn intriguing instance where a state limited the foreign policy actions of the center occurred in 2012, when the Chief Minister of Kerala declined the Italian defense minister’s request to permit the trial of two Italian marines in Rome, who were accused of killing fishermen from Kerala in Indian waters. This lack of cooperation from Kerala subsequently led Italy blocking India’s accession to the elite Missile Technology Control Regime (however, India became a member of MTCR in 2016), preventing India from accessing drone technology.

Strengthening Centre-State Relationship: Key Recommendations from Commissions

Various commissions have given their suggestions and recommendations on various issues related to centre-state relations. These include-

  • The Administrative Reforms Commission was established in 1966, chaired by Morarji Desai
  • Rajamannar Committee which was set up by the Tamil Nadu government in 1969.
  • The Sarkaria Commission was appointed in 1983 and was led by R.S. Sarkaria, a retired Supreme Court judge. 
  • The Punchhi Commission was formed in 2007 under the leadership of Madan Mohan Punchhi, a former Chief Justice of India. 

1st ARC Recommendations: Shaping a Balanced Centre-State Relationship

  • An Inter-State Council was established under Article 263 of the Constitution. 
  • Governors should be appointed from individuals with extensive experience in public life and administration, possessing a non-partisan outlook. 
  • Powers should be delegated to states as much as possible. 
  • More financial resources should be transferred to states to lessen their reliance on the Center. 
  • Deployment of Central armed forces in the states should occur either at their request or otherwise. 

Governor’s Role in the Centre-State Relationship: A Comparative Analysis of Sarkaria and Punchhi Reports

On issues related to the office of the Governor

Issue Sarkaria Commission Punchhi Commission
Appointment of Governor
  1. The person appointed should be eminent in some walk of life and from outside the state.
  2. These forces ought to be kept separate from political involvement and should not be closely linked to local politics in recent times.
  3. Provision of consulting the chief minister in appointment of the Governor should be included in the constitution itself.
While appointing Governors, Centre should strictly abide by the guidelines provided by Sarkaria Commission. 
Removal of Governor/security of tenure
  1. They should enjoy his term of 5 years as much as possible.
  2. Reasons for his removal should be laid down in the constitution.
  3. State government should be consulted in their removal.
  4. The reasons for a governor’s removal should be specified in the Constitution. 
  5. State governments should be consulted before their removal. 
  1. They should enjoy full tenure of 5 years and should not be removed on the  will of the centre.
  2. A procedure should be laid down in the constitution for his removal just like the impeachment of the President.
Arbitrary imposition of President’s rule in the state President’s rule should be used very sparingly, in extreme cases as a last resort, when all others alternatives fail.
  1. Article 356 should only be applied to address a “failure of the constitutional machinery in the state.”
  2. Appropriate amendments are necessary to reflect the guidelines established in the landmark Supreme Court ruling in S.R. Bommai v. Union of India (1994). 
Discriminatory and partisan role of the Governor/misuse of discretionary powers The Governor can not dismiss the council of ministers as long as it commands the majority in the assembly.
  1. The Governor must use his discretionary powers reasonably, in good faith, and with caution, avoiding arbitrary usage.
  2. It is necessary to lay down clear guidelines in the constitution to be followed by the Governor in appointment of the CM in case of hung assembly.
  3. Before removal, the chief minister should be asked to prove his majority on the floor of the assembly within a time limit.
Dealing with State bills When the President withholds his assent to the state bills, the

reasons should be communicated to the state government.

  1. The Governor is required to decide within six months whether to grant assent to a bill or to reserve it for the President’s consideration.
  2. The President should act on a state bill within 6 months after it is presented before him.

Punchhi Commission on Governors: Balancing Power and Federal Structure in India

  • The Governor should retain the authority to approve the prosecution of a state minister against the advice of the Council of Ministers, if the Cabinet decision seems motivated and is backed by relevant evidence.
  • The tradition of Governors serving as Chancellors of universities and holding other statutory roles should be discontinued. Their functions should be limited to those outlined in the Constitution. In 2022, the West Bengal assembly passed a legislation to replace the Governor with the chief minister as the chancellor of the state universities.

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