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Sarkaria Commission Insights

The Sarkaria Commission was established in 1983 to investigate tensions between India's central and state governments and provide recommendations. It was chaired by Justice Ranjit Singh Sarkaria. The Commission recommended that Article 356, which allows the central government to dismiss state administrations, only be used in exceptional circumstances and with parliamentary approval. It also suggested loosening central control over the Concurrent List, establishing a permanent Inter-State Council, and implementing new criteria for appointing governors, such as consulting with state chief ministers and assuring governors' terms in office.

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226 views1 page

Sarkaria Commission Insights

The Sarkaria Commission was established in 1983 to investigate tensions between India's central and state governments and provide recommendations. It was chaired by Justice Ranjit Singh Sarkaria. The Commission recommended that Article 356, which allows the central government to dismiss state administrations, only be used in exceptional circumstances and with parliamentary approval. It also suggested loosening central control over the Concurrent List, establishing a permanent Inter-State Council, and implementing new criteria for appointing governors, such as consulting with state chief ministers and assuring governors' terms in office.

Uploaded by

Lalawmpuia Renthlei
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Sarkaria commission

There were persistent tensions between the centre and the states. In response to that, the Ministry of
Home Affairs of India on 9th June 1983 established a Commission to investigate and give
recommendations on the relationship between the centre and the states. The Commission was given
the name “Sarkaria Commission” because it was chaired by Justice Ranjit Singh Sarkaria, a retired
judge of the Supreme Court of India. It was formed to review the working of the existing
arrangements between the Union and the States in the changed socio-economic scenario. 

Article 356 of the constitution


According to the Sarkaria Commission, article 356 has been employed over 100 times since its
independence. State administrations that were quite legitimate have been fired in the pastAccording to
the Commission, this item has been utilized for political reasons in 90% of the cases. As a result, it
was advised that the President’s rule specify the reasons why the state cannot be managed according
to the customary provisions of the Constitution.  The commission also suggested that article 356
should be changed so that the President can only dissolve the State Legislature with Parliamentary
permission.

Concurrent List 
It was suggested that the central government should loosen its jurisdiction over items on the
concurrent list and consult with state governments before implementing legislation on them.
Considering the necessity for states to mobilize more resources, taxation power, which was previously
on the union list, should be moved to the concurrent list. 

Inter-State Council
The most important suggestion given by the Sarkaria Commission was the establishment of a
permanent Inter-state council

The appointment of a Governor


The Sarkaria Commission has proposed various additional criteria for appointing someone to the
Governorship. They added that 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, and after consulting
the Chief Minister of the State in question, the governor must be nominated. The commission also
provided that the person so nominated should be a well-known figure in some field. After the
appointment, the term in the office of the governor must be assured, as they should not be removed
from the office unless there are exceptionally compelling grounds or if disciplinary action is being
taken against the governor.

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