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COMMISSION ON CENTRE-STATE RELATIONS

Fulfilling its commitment of Common Minimum Programme, the Government set up aCommission on Centre-State Relations on FRIDAY, 27th APRIL 2007/VAISAKHA 7, 1929 tolook into the new issues of Centre-State relations keeping in view the changes that have beentaken place in the polity and economy of India since the Sarkaria Commission had last lookedat the issue of Centre-State relations over two decades ago.

The Commission was chaired by Justice MadanMohan Punchhi, former Chief Justice of India. ShriDhirendra Singh and Shri Vinod Kumar Duggal, bothformer Secretary to the Government of India, Prof.(Dr.) N.R. Madhava Menon, former Director,National Judicial Academy, Bhopal and National LawSchool of India, Bangalore and Dr. Amaresh Bagchi,Emeritus Professor, National Institute of PublicFinance and Policy, New Delhi were the othermembers of the Commission. Secretary, Inter-StateCouncil served as the Secretary of the Commission.

The Commission examined and reviewed theworking of the existing arrangements between theUnion and States, various pronouncements of the Courts in regard to powers, functions andresponsibilities in all spheres including legislative relations, administrative relations, role of governors, emergency provisions, financial relations, economic and social planning, PanchayatiRaj institutions, sharing of resources including inter-state river water etc. The Commissionmade a number recommendations in its seven volume report presented to Government on 30March 2010.

The main recommendations of the Commission regarding the Inter-State Council and itssecretariat were as under: a) The Inter-State Council need to be substantially strengthenedand activised as the key player in intergovernmental resolutions. It must meet at least thricein a year on an agenda evolved after proper consultation with States.

b) The ISC must be empowered to follow up the implementation of its decisions for whichappropriate statutory provisions should be made. The Government will be well advised toevolve an appropriate scheme to utilize the full potential of ISC in harmonizing Centre-Staterelations which has become urgent in the changed circumstances. Issues of governance mustas far as possible be sorted out through the political and administrative processes rather thanpushed to long drawn adjudication in the Court.

c) Inter-State Council appears to be the most viable, promising, Constitutional mechanism tobe developed for the purpose provided it is properly restructured and duly empowered. OnceISC is made a vibrant, negotiating forum for policy development and conflict resolution, theGovernment may consider the functions for the National Development also being transferredto the ISC.

d) The Council should have functional independence with a professional Secretariat constitutedwith experts on relevant fields of knowledge supported by Central and State officials ondeputation for limited periods.

e) ISC should have an organizational and management structure which different from theGovernment departments and flexible enough to accommodate management practicesinvolving multidisciplinary skills conducive to federal governance under the Constitution.

f) Given the Constitutional and quasi-judicial tasks, the Council should have experts in itsorganizational set up drawn from the disciplines of Law, Management and Political Sciencebesides the All India Services.

g) The Secretary of ISC should be designated ex-officio Secretary of the Department of Statesreporting directly to the Union Home Minister who is to be ex-officio Deputy Chairman of theCouncil.

Gazette Notification in English

Gazette Notification in Hindi

Public Notice

Composition

Terms of Reference

Speech of Justice (Retd.) M.M. Punchhi, Former Chief Justice of India and Chairman,Commission on Centre-State Relations in the North-Eastern Regional Workshop, Shillong on30th September, 2008

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Summary of the salient points emerging from the deliberations in the North-Eastern RegionWorkshop held at Shillong on 30th September & 1st October, 2008

Speech of Justice (Retd.) M.M. Punchhi, Former Chief Justice of India and Chairman,Commission on Centre-State Relations in the North-Western Regional Workshop, Chandigarhon 10th December, 2008

Report of the Commission on Centre-State Relations