New DELHI, India: Sarkaria Commission on the Centre State Relations have {justified the suspicions of the people that the Commission was appointed to scuttle the movement for demanding more powers for the States.
In a unanimous report, the three member Sarkaria Commission has said that there is no need to transfer any more powers to the State and to amend the Constitution, because the Constitution has al freedom in their own spheres, ‘The Commission has, however, pointed out that the Centre has been usurping the state’s rights and powers encroaching upon their sphere and violating the letter and spirit of the Constitution by extending the concurrence list to the extent of State list of the subjects, ‘The Commission has cited an example on the industrial policy of the Central government to prove how slowly the Centre has taken over 85% off the industry which was otherwise in the provisions of the State. The Commission has come down heavily on the way the Centre has abused and operated under the article 356 of the Constitution, assuming powers in the State under the pretext that the Constitutional machinery has failed. This arbitrary and haphazard way of action creates suspicion of political considerations. The Commission has, therefore, suggested the modification of rules which should guide the State governor in submitting a report. The Com= ‘mission has not left the matter there but has also asked that the amendment rules be incorporated.
In the Constitution which could be challenged in the court of law. At present the Centre is not answer able for imposition of Central rule in the State, nor the governor, as he claims to have taken the action in’ exercise of his Constitutional process. The four volume report spread over 1600 printed pages does not contain any summary. The Commission approved that such a summary will unwittingly lay emphasis on some points. It wants that the whole report be taken into’ consideration for appreciating any conclusion in right perspective,
‘One of the specific recommendation of the Commission is to Constitute an interstate Committee as proposed under the! Article 263 of the Constitution which the government has not so far implemented even after 38 years after the adoption of the constitution. A permanent secretariat with the provisions of forming rules, committee to help the interstate board’ for a constant touch with the Center and the State, has also been proposed by the Commission.
Article extracted from this publication >> December 11, 1987
