The Union Ministry of Home Affairs (MHA) has undertaken the task of initiating a process to seek the states’ opinion on the Punchhi Commission’s report concerning Centre-state relations. This move by the MHA brings into focus the significance of the Punchhi Commission and its key recommendations.
The Punchhi Commission: An Overview
Established by the Union Government in April 2007, the Punchhi Commission was headed by former Chief Justice of India (CJI), Madan Mohan Punchhi. The Commission’s primary aim was to scrutinize and review the functioning of existing agreements between the Union and States, along with several court decisions pertaining to powers, duties, and responsibilities in several areas. These areas included legislative relations, administrative relations, the governors’ role, emergency provisions, among others. The Commission unveiled its comprehensive seven-volume report to the government in March 2010. The aforementioned report was scrutinized by the Inter-State Council’s (ISC) Standing Committee at their meetings in April 2017, November 2017, and May 2018.
Main Recommendations of the Punchhi Commission
A significant recommendation put forth by the Punchhi Commission was the formation of the ‘National Integration Council’, a superior structure analogous to the Homeland Security Department in the United States for addressing internal security-related matters.
Amendment to Constitutional Articles
The Commission advised alterations to Article 355 and 356 of the Constitution. Here, Article 355 discusses the Centre’s responsibility to safeguard states against external aggression while Article 356 deals with the enactment of President’s rule upon state machinery failure. This recommendation aims at safeguarding State’s interests by restricting the Centre’s misuse of power.
Addressing Concurrent List Subjects
The Commission’s report recommends that prior to introducing bills on the concurrent list subject matters, states should be consulted via the inter-state council. The concurrent list refers to the list where both State and Centre governments have the authority to formulate laws.
Appointment and Removal of Governors
The Punchhi Commission suggests that an individual, before his appointment as a Governor, should abstain from active politics at least two years prior. It also emphasizes that state’s Chief ministers should be included in the process of appointing Governors. For this purpose, a committee consisting of the Prime Minister, the Home Minister, the Speaker of the Lok Sabha, and the concerned Chief Minister of the State should be formed.
Union’s Power of Making Treaties
The treaty-making power of the Union needs to be regulated concerning treaties related to the matters present on the State list, according to the Punchhi Commission. This ensures more representation for states in their internal affairs and facilitates peaceful co-existence between different government levels.
Appointment of Chief Ministers
To limit the governor’s discretionary powers in the appointment of chief ministers, the Commission suggested specific guidelines. A pre-poll alliance should be considered a single political party, and the order of precedence while forming the State government should follow clear rules.