INDIAN CONSTITUTION LAW

SARKARIA COMMISSION
The sarkaria commission was appointed by late prime minister smt. INDIRA GANDHI to review the Centre-state relationship and to suggest any change in the existing set up if necessary. The recommendations must be well within the constitutional provisions. The cause for appointing the commission was the strenuous relationship between the Centre and the state, which started in 1967. In 1967, the CONGRESS PARTY lost election in 9 states and the opposition parties formed coalition government, in 1977, in the centre, JANATA PARTY government dismissed congress ministers in 9 states. So, in 1978, a congress member moved a request for review of state-Centre relationship, but, the then prime minister Mr. MORAJI DESAI rejected the demand for the review on the ground that a strong Centre was necessary to keep the country united. Subsequently when the JANATA PARTY was defeated in 1970, then the nine JANATA MINISTERS were dismissed by the congress who come to power. The demand for provincial autonomy, more powers and funds for the states became strong. This created the need for the appointment of SARKARIA COMMISSION especially when both the JANATHA and CONGRESS PARTY used Art 356 to dismiss popular ministers in the states in 1977 and 1980.
THE COMMISSIONS RECOMMENDS
The commission expressed the view that a drastic change in the power of the Centre is not necessary, and it upheld that there should be supremacy of the constitution.
a. The commission suggested that the residuary powers other than taxation should be in the concurrent list and rejected the suggestions asking for transfer of subjects to the state or concurrent list.
b. It also suggested that the Centre should consult the state on all concurrent subjects before passing any law.
c. It recommended for inter-state council under Art 263, and the provisions are in accordance with the constitution, for ensuring the unity and integrity of the country. If the Centre is weak, the nation will be weak and shall be endangered by the attack by the enemies.