Major Recommendations of the Sarkaria Commission

Q: Examine the major recommendations of Sarkaria Commission.

The Sarkaria Commission (1988) provided a comprehensive blueprint for Cooperative Federalism in India. While it rejected the demand for a fundamental change in the constitutional structure, it suggested 247 functional modifications to harmonize the relationship between the Union and the States.

1. Recommendations on the Role of the Governor

  • Appointment: The Governor should be an eminent person from outside the state, not involved in active politics in the recent past. The Chief Minister must be consulted before the appointment.
  • Tenure: They should be allowed to complete their five-year term and should not be removed except for extremely compelling reasons.
  • Political Neutrality: A politician from the ruling party at the Centre should not be appointed to a state ruled by another party.

2. Recommendations on Emergency Provisions (Art. 356)

  • Last Resort: Article 356 should be used very sparingly, only after all alternatives (like issuing a warning) have failed.
  • Speaking Document: The Governor’s report must be a "speaking document" containing material facts, and the state assembly should not be dissolved until Parliament approves the proclamation.

3. Institutional and Financial Recommendations

  • Inter-State Council: It recommended the establishment of a permanent Inter-State Council under Article 263 to resolve disputes and coordinate policy.
  • Residuary Powers: While taxation powers should remain with Parliament, other residuary powers should be shifted to the Concurrent List.
  • All-India Services (AIS): The Commission strongly supported strengthening AIS (IAS, IPS) as a unifying force for the nation.

Definition of Key Term

Speaking Document: A report or order that clearly explains the reasoning and evidence behind a decision. In the context of Article 356, it means the Governor must justify the breakdown of constitutional machinery with specific facts.

Conclusion

The significance of the Sarkaria Commission lies in its attempt to balance National Integrity with State Autonomy. Although many recommendations remain un-implemented, they served as the foundation for the landmark S.R. Bommai Case (1994), which effectively curbed the arbitrary dismissal of state governments.

Word Count: 248 words