SARKARIA COMMISSION

India has a federal Constitution. We have Union Government as well as State Governments. For the development of the Country, Centre and State must work together as team India. Our federation should be Co-operative federation but situation is not the same. This is a fact that Union Government for narrow political gains do try to overturn opposition ruled State Governments.

In view of various problems between healthy relation between Centre and States, Union Government set up a Commission in June 1983 under the Chairmanship of Justice R.S. Sarkaria to suggest reform in distribution of Powers between Union and States. This Commission submitted its report in 1988 and made the following recommendations.

1) Right to delegate authority to states to make laws on Union List subjects should be used liberally (Article 258)

2) Minimal use of Article 356 i.e., State Emergency

3) Inter State Council to be Constituted.

4) Rejected the demand for the abolition of the post of Governor but suggested that active politician should not be appointed as Governor in a State.

5) If Centre and State have different party Governments, then Governor should not be from the ruling party.

6) Rejected demand of abolition of All India Services.

7) Three language formula should be implemented.

8) The Judges of High Courts should not be transferred without their consent.

Union Government accepted the recommendation of Sarkaria Commission and established Inter State Council in April 1990 under Article 263.