#sarkariyaCommission
#upsc
#llb
#llm
#constitution
#federalism
was set up in June 1983, report 1988
was to examine the relationship and balance of power between state and central governments in the country and suggest changes within the framework of Constitution of India.
was headed by Rajinder Singh Sarkaria, a retired judge of the Supreme Court of India
final 1600-page report in 1988; it contained 247 specific recommendations
especially in the areas, relating to legislative matters, role of Governors and use of Article 356.
Residuary powers of legislation in regard to taxation matters should continue to remain exclusively in the competence of Parliament, while the residuary field other than that of taxation, should be placed in the Concurrent List. The Constitution may be suitably amended to give effect to this recommendation.
The enforcement of Union laws particularly those relating to the Concurrent sphere, is secured through the machinery of the States. Coordination of policy and action in all areas of concurrent or overlapping jurisdiction through a process of mutual consultation and cooperation is, therefore, a prerequisite of smooth and harmonious working of the dual system. To secure uniformity on the basic issues of national policy with respect to the subject of a proposed legislation, consultation may be carried out with the State Governments individually, and collectively at the forum of the proposed InterGovernmental Council
It is not necessary to make the proposed consultation a constitutional obligation. consultation with the State Governments, individually, as well as collectively, should be strictly adhered to except in rare and exceptional cases of extreme urgency or emergency.
The best way of working Union-State relations in the sphere of education would be that the norms and standards of performance are determined by the Union and the professional bodies such as the U.G.C. set up under Central Enactments but the actual implementation is left to the States. By the same token a system of monitoring would have to be established by the Union. The basic prerequisites of successful working of such professional bodies are-(i) that their composition, functioning and mode of operation should be so professional and objective that their opinion, advice or directive commands implicit confidence of the States and Universities/institutions concerned and (ii) this objective cannot be achieved without close concert, collaboration and cooperation between the Union and the States
Nonetheless, a direction under Articles 256 and 257 and the application of the sanction under Article 365 in the event of its non-compliance, is a measure of last resort. Before issue of directions to a State or application of sanction under Article 365, utmost caution should be exercised and all possibilities explored for setting points of conflict by all other available means.
Article 365:. Effect of failure to comply with, or to give effect to, directions given by the Union Where any State has failed to comply with or to give effect to any directions given in the exercise of the executive power of the Union under any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution
Article 356 should be used very sparingly, in extreme cases, as a measure of last resort
Article 356:. Duty of the Union to protect States against external aggression and internal disturbance It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution.
A warning should be issued to the errant State, in specific terms, that it is not carrying on the government of the State in accordance with the Constitution.
He should be eminent in some walk of life
He should be a person from outside the State.
He should be detached figure and not too intimately connected with the local politics of the State; and
He should be a person who has not taken too great a part in politics generally, and particularly in the recent past.
It is desirable that a politician from the ruling party at the Union is not appinted as Governor of a State which is being run by some other party or a combination of other parties.
In choosing a Chief Minister, the Governor should be guided by the following principles
(i) The party or combination of parties which commands the widest support in the Legislative Assembly should be called upon to form the government.
(ii) The Governor's task is to see that a government is formed and not to try to form a government which will pursue policies which he approves.
If there is no such party