Punchhi Committee report

Punchhi Committee report
 

News: 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 Commission examined and reviewed how the existing arrangements between the Union and States were functioning, as well as various court rulings regarding the powers, duties, and responsibilities in all areas, including legislative relations, administrative relations, the role of governors, emergency provisions and others.
 

What were its important recommendations?

 On Appointment and Removal of Governors
o Governor should be from outside the State and not involved in regional politics.
o He should be nominated after consulting with Chief Minister.
o Establishment of a committee for selecting governors.
o Repeal of the Constitution’s Doctrine of Pleasure.
o Guaranteed tenure of Governor with a fair chance to object to removal.
o Impeachment of Governor by state legislature.

 On Concurrent List
o Consultation with States through inter-state council before laws are filed on concurrent list issues.

 Amendment to Article 355 and 356
o Changes to Articles 355 and 356 of the Constitution to limit misuse of authority by the centre.

 On Communal Violence
o Communal Violence Bill amendment to allow temporary deployment of forces in State without State’s permission.

 Appointment of Chief Ministers
o Clear guidelines should be made with regard to the appointment of chief ministers so that the governor’s discretionary powers are limited in this aspect.
o A pre-poll alliance is to be considered as a single political party.
o It recommended 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.

 On Union’s Diplomatic Power
o Restriction of the union’s ability to negotiate treaties to those involving subjects on the State list. The Commission identified that the states need to be more involved in such kinds of treaties that are formulated in reference to their issues. This will ensure a peaceful co-existence between the different levels of the government.

 On Finance Commission
o 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 and to turn Finance Commission Division into a full-fledged department