Punchhi Commission

The Punchhi Commission was constituted by the Government of India in 2007 as a Commission on Center-State relations.The Commission came into effect on the 27th of April, 2007 to re-look into the problems and issues in Center-State relations in India ever since these issues were earlier looked into by the Sarkaria Commission which had submitted its report in 1988.

Composition of the Punchhi Commission –

Chairman – Justice Madan Mohan Punchhi (former Cheif Justice of India)

Other members –

• Shri Dhirendra Singh.
• Shri Vinod Kumar Duggal.
• Shri N.R. Madhava Menon.
• Shri Vijay Shanker, IPS (Retd.).
• Shri Amaresh Bagchi (member from 4th July, 2007 until his death in 20th February, 2008).

Main recommendations of Punchi Commission-
The Commission gave 312 recommendations in its report.

Articles 355 & 356
The report recommended that these Articles be amended. It sought to protect the interests of the States by trying to curb their misuse by the Center. It said that the center should try to bring only the specific troubled area under its jurisdiction and that too for a brief period, not more than three months. That means, the Commission sought to localize the emergency provisions under Articles 355 and 356.

National Integration Council
In matters concerning internal security the Punchhi Commission recommended the creation of a superseding structure (much like the Homeland Security Department in the US), that gave prominence to the National Integration Council. It recommended the Council to meet at least once annually. It also advised a five-member delegation of the Council to visit any communally affected area within two days.

Concurrent List Subjects
The Commission recommended that the Center should consult states before introducing bills on items in the concurrent list through the inter-state council.

Appointment of Chief Ministers
In case of appointment of state chief ministers, the Commission recommended that:

• There should be clear guidelines on the chief ministers’ appointment so that the discretionary powers of the governor are limited in this regard.
• A pre-poll alliance to be regarded as one political party.

President’s Pocket Veto
There should be a provision by which the President’s decision to use his Pocket veto power is communicated to the State within six months.

Recommendations regarding appointment of Governors:

• The incumbent should have stayed away from active politics even at the local level for at least two years prior to his appointment.
• The state chief minister should have a say in the governor’s appointment.
• There should be a committee entrusted with the appointment of governors. This committee should comprise of the Prime Minister, the Home Minister, Speaker of the Lok Sabha, and the concerned state Chief Minister. Even the Vise President can be involved in the procedure.

Recommendations regarding removal of Governors:

• The Doctrine of Pleasure should be deleted from the Constitution.
• Only a resolution by the state legislature should remove the governor.
• It supported the right of the governor to sanction the prosecution of ministers against the state government’s advice.
• It recommended that there be provision for the impeachment of the governor by the state legislature.

Treaty Making Power of Union
There should be a regulation in the treaty-making power of the union executive with respect to treaties that are concerned with matters in the state list. The Commission recommended that the states be involved more in such treaties.

Communal Violence Bill
The Punchhi Commission recommended the amendment of the Communal Violence Bill. It said that the central forces be allowed to deploy forces in the state without the state’s consent for a short period in case of communal violence. This is because the issue of state consent should not be an obstacle in the speedy alleviation of the communal tension. But such deployment should not exceed a week’s time and post-facto consent is to be sought from the state.

The Commission had submitted its report to the then Home Minister of India, P. Chidambaram in March 2010.

-Shikhar Swami