5 yrs after Punchhi panel work ‘completed’, Centre set to invite state views again

GS Paper 2

 

Source: IE

  Context: Union Ministry of Home Affairs (MHA) has decided to start the process of seeking the states’ comments on the issue afresh.

 

What is Punchhi Commission Report?

The Punchhi Commission was constituted in 2007 under the chairmanship of former Chief Justice of India Madan Mohan Punchhi. In 2010, the Commission submitted its report to the Centre in seven volumes.

  • Deliberation on the report was carried out by Inter-State Council (ISC’s) Standing Committee in 2017 and 2018.
  • However, the report is yet to be implemented and the government has said that it will seek the state’s view on the report again.

 

The objective of the commission: To examine and review the operation of the current agreements between the Union and States.

 

Major recommendations of the Commission:

Commission Recommendation
 On Finance Commission ·         Efficient inclusion of States in the formulation of final terms of the contract

·         Review of current cesses and surcharges to reduce contribution to gross tax income

·         Turn Finance Commission Division into a full-fledged department

On Governor ·         Governor to be from outside the State and not involved in regional politics

·         Governor to be nominated after consulting with Chief Minister

·         Establishment of a committee for selecting governors

·         Repeal of the Constitution’s Doctrine of Pleasure

·         Guaranteed tenure of Governor with a fair chance to object to removal

·         Impeachment of Governor by state legislature

On Articles 355 and 356 ·         Changes to Articles 355 and 356 of the Constitution to limit misuse of authority by the centre
On Communal Violence ·         Communal Violence Bill amendment to allow temporary deployment of forces in State without State’s permission
On Concurrent List ·         Consultation with States through inter-state council before laws are filed on concurrent list issues
On Internal Security ·         Development of National Integration Council for issues involving internal security
On pocket veto ·         Clause mandating notice to the State within six months of the President’s decision to use pocket veto power
On centres’ diplomatic power ·         Restriction of the union’s ability to negotiate treaties to those involving subjects on the State list
On Selection of Chief Ministers Principles for selecting Chief Minister (number-wise priority):

1.       Broadest support in Legislative Assembly

2.       Head of the party with an absolute majority

3.       A coalition of parties established before elections

4.       Largest single party with the backing of other parties

5.       A post-election coalition of parties with members forming a government and others supporting from outside

  

Conclusion

Although some of the ideas of the commission have been put into practice, such as having the governor come from outside the state, there is a need for further deliberations and give concrete forms of useful recommendations as per current needs.

  

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Discuss how the recommendations of the Punchhi Commission, if implemented, would ensure smoother Centre-State relations in the context of the governor’s jurisdiction. (250 words)