Polity

On February 13, West Bengal Chief Minister Mamata Banerjee called her Tamil Nadu counterpart M K Stalin and advised a meeting of CMs of non-BJP ruled states over the “constitutional overstepping and the brazen misuse of power by (their) Governors”.

About Sarkaria Commission:

·        The Sarkaria Commission was set up in 1983 by the central government of India.

·        The Sarkaria Commission’s charter was to examine the central-state relationship on numerous portfolios and suggest changes within the framework of Constitution of India.

·        The Commission was so named as it was headed by Justice Ranjit Singh Sarkaria (Chairman of the commission), a retired judge of the Supreme Court of India.

·        The other members of the committee were Shri B. Sivaraman (Cabinet Secretary), Dr S.R Sen (former executive of IBRD) and Rama Subramaniam (Member Secretary).

·        Recommendations on Role of Governor: On the problem of appointment of the Governors, it created some important recommendations, as given in the following: The Governor should be eminent in some walk of the life and from outside the state.

·        He should be a detached figure without intense political links, or should not have taken part in politics in the recent past.

·        Besides, he shouldnt be a member of the ruling party.

·        He should be appointed after effective consultations with the state Chief Minister and vice president and Speaker of the Lok Sabha should be consulted by the PM before his choice.

·        Procedure of consulting the chief minister in the appointment of the state governor should be prescribed in the constitution itself As far as possible, the governor should enjoy the term of five years.

·        He should be removed before his tenure only on the grounds as mentioned in the constitution or if aspersions are cast on his morality, dignity, constitutional propriety, etc.

·        In the method of removal, the state government is also informed and consulted.

·        Other Important Recommendations: Setting up a permanent inter-state council.

·        Article 356 should be used sparingly. Residuary power should remain with the parliament.

·        Reasons should be communicated to the state when state bills are vetoed by the President.

·        Centre should have powers to deploy its defense force, even while not the consent of states.

·        However, it is desirable that the states should be consulted.

·        Institution of all-India service should be strengthened.