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DAILY NEWS ANALYSIS

  • 08 March, 2023

  • 7 Min Read

Punchhi Commission Report

Punchhi Commission Report

  • The Punchhi Commission's report on relations between the federal government and its constituent states will now be reviewed for state responses, according to the Union Ministry of Home Affairs (MHA).

Historical Background:

  • A Commission on Centre-State Relations was established by the Indian government, with Judge Madan Mohan Punchhi serving as its head.
  • Goal: To examine and review the operation of the current agreements between the Union and States, as well as various court rulings regarding powers, duties, and obligations in all areas, including legislative relations, administrative relations, the role of governors, emergency provisions, financial relations, economic and social planning, institutions under the Panchayati Raj, and the sharing of resources like inter-state river water, among others.

  • It was founded on April 27th, 2007.
  • The Commission investigated and reviewed the operation of the current agreements between the Union and the States as well as a number of court decisions pertaining to the rights, obligations, and duties in every area, including legislative relations, administrative relations, the function of governors, emergency provisions, and others.
  • In March 2010, the Commission delivered its seven-volume report to the government.
  • At its meetings in April 2017, November 2017, and May 2018, the Inter-State Council's (ISC) Standing Committee took the recommendations of the Punchhi group into consideration.

Highlights from the Punchhi Commission Report:

  • To look into what responsibility, power, and function the Centre might have during significant and protracted episodes of caste- or communal-based violence.
  • Also look at other aspects of the Centre-State relationship, like taxes and river connections.
  • Investigate if a central law enforcement agency is obliged to launch investigations on its own into offences that represent a serious threat to national security and have interstate or international implications.
  • To look into the value and necessity of different taxes for promoting interstate commerce and developing a unified domestic market.
  • To advance the idea of independent planning and budgeting at the district level and linking various forms of central assistance to state achievement.
  • To investigate whether supporting legislation under Article 355 is feasible.
  • To examine the Centre's function, accountability, and power in fostering the States' successful devolution of authority and power to Panchayati Raj institutions and local bodies.

Punchhi Commission's Principal Suggestion:

  • The report suggested that Articles 355 and 356 of the Constitution should be changed in relation to those two articles. By limiting the misuse of authority by the centre, the suggestion aims to protect the interests of the States.
  • It was stated that the Center should just have control over the troublesome area rather than declaring an emergency over the entire state. An emergency should last for longer than three months.

With regards to Concurrent List:

  • Before laws are filed on issues that are on the concurrent list, the Commission advised that the States be consulted through the inter-state council.

About the National Integration Council:

  • The National Integration Council was suggested developing a superseding system for issues involving internal security.
  • Additionally, it was suggested that this council hold at least one annual meeting and that a delegation of five council members visits any communally afflicted area within two days.

Selecting A Chief Minister by the Punchhi Commission through the Governor:

  • Also, the Punchhi Commission provided the Governor with several recommendations for selecting a Chief Minister:

The following principles should guide the Governor in selecting a Chief Minister:

  • The party or coalition of parties that enjoy the broadest support in the Legislative Assembly should be asked to form the government.
  • The head of the party should automatically be requested to become the Chief Minister if that party holds an absolute majority in the assembly.
  • In the absence of such a party, the Governor should appoint a Chief Minister from the party or group of parties listed below by giving each one of them a hearing in the order of preference listed below.
  • A coalition of parties established before the elections.
  • With the backing of other parties, including "independence," the largest single party stakes a claim to form the government.
  • A post-election coalition of parties in which all the members form governments.
  • A post-election coalition of political parties, including "independents," with some members coming from a government and others supporting it from the outside.
Way Ahead
  • Insightful recommendations for seamless coordination and cooperation between the union government and state governments were provided in the M.M. Punchhi Commission's report. Several of the ideas have been put into practise, such having the governor come from outside the state. To get the most out of these guidelines, a proper framework should be used to put them into practise.

Source: The Hindu


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