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 |
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While appointing Governors, Centre should strictly abide by the guidelines provided by Sarkaria Commission. |
Removal of Governor/security of tenure |
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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. |
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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. |
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Dealing with State bills | When the President withholds his assent to the state bills, the
reasons should be communicated to the state government. |
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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.
UPSC Articles |
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UPSC Interview Marks | |
UPSC Eligibility | |
UPSC Selection Process |