Punchhi Commission - Background, Composition, Objectives, Responsibilities, Recommendations & More

The Punchhi Commission was established to examine new concerns of Center-State relations, taking into account the changes that have occurred in India’s polity and economy since the Sarkaria Commission last looked at the subject almost two decades ago.

The Punchhi Commission Report is part of the UPSC Indian Polity and Governance Syllabus discussed in this article. All these dimensions are important for competitive examinations like IAS, IPS, IFS, etc. Considering this, the Testbook provides the best quality notes for UPSC Exams. Study major topics of Indian Polity from the perspective of UPSC Exams. 

What is the Punchhi Commission?

The Punchhi Commission on Center-State Relations was established by the Government of India. Justice Madan Mohan Punchhi, former Chief Justice of India, served as its chairman. The commission was formed to address new issues arising in Centre-State relations due to changes in India's polity and economy.

Historical Background of Punchhi Commission

• The Government of India constituted a Commission on Centre-State Relations under the chairmanship of Justice Madan Mohan Punchhi.
• Aim: To examine and review the working of the existing arrangements between the Union and States, various pronouncements of the Courts regarding powers, functions, and responsibilities in all spheres, including legislative relations, administrative relations, the role of governors, emergency provisions, financial relations, economic and social planning, Panchayati Raj institutions, sharing of resources including inter-state river water, etc.”
• It was established on the 27th of April, 2007.

Composition of Punchhi Commission

• Its chairman was Madan Mohan Punchhi, former Chief Justice of India.
• Its members included the following dignitaries:
  • Shri Dhirendra Singh, Former Secretary, Government of India.
  • Shri Vinod Kumar Duggal, Former Secretary, Government of India.
  • NR Madhav Menon, former Director, National Judicial Academy, Bhopal, and National Law School of India, Bangalore.
  • Shri Vijay Shankar, Retired IPS, Former Director of the Central Bureau of Investigation, Government of India, was Member Secretary of the Commission.
• Amresh Bagchi was a commission member from 4 July 2007 until his death on 20 February 2008.
• The commission submitted its report to the then Home Minister of India, P Chidambaram, in March 2010.

Aims and Objectives of the Punchhi Commission

• The Punchhi Commission aimed to examine and address new issues in Centre-State relations.
• It aimed to evaluate the existing arrangements between the Union and the States.
• The commission focused on various aspects, including legislative relations, administrative relations, and the role of governors.
• It also aimed to review pronouncements of the courts on powers, functions, and responsibilities in all spheres.
• The commission sought recommendations on Panchayati Raj institutions, emergency provisions, financial relations, economic and social planning, and resource sharing.
• Its objective was to present a comprehensive report with 273 recommendations to the government.
• The commission aimed to contribute to developing an effective and harmonious Centre-State relationship in India.

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Punchhi Commission Report

The commission presented its report in 7 volumes and 4 supplementary volumes.

• Volume 1: Development of Centre-State Relations in India
• Volume 2: Constitutional Governance and Management of Centre-State Relations
• Volume 3: Centre-State Financial Relations and Planning
• Volume 4: Local Self-Government and Decentralized Governance
• Volume 5: Internal Security, Criminal Justice, and Centre-State Cooperation
• Volume 6: Environment, Natural Resources, and Infrastructure
• Volume 7: Socio-economic Development, Public Policy, and Good Governance
• Supplementary Section 1: Task Force Report
• Supplementary Section 2: Research Studies
• Supplementary Section 2A: Research Studies
• Supplementary Section 3: Stakeholder Feedback
• Supplementary Section 4: Regional Consultation

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Major responsibilities of the Punchhi Commission

• The M.M. Punchhi Commission had specific goals to investigate important matters related to the relationship between the Central Government and the states.
• One of their main objectives was to consider if the Central Government should have more power to send union forces to states and handle criminal cases that impact national security.
• They also looked into the Central Government's responsibilities during major communal violence or social conflicts.
• The commission explored creating a special agency to deal with criminal cases that have national, interstate, or international significance and affect national security.
• Based on the Central Government's recognition of the situation, they examined the practicality of deploying central forces in states when necessary.
• Additionally, they studied how the Central Government should delegate power and autonomy to local government bodies like Panchayati Raj institutions.
• Lastly, the commission considered matters related to the relationship between the Central Government and the states, such as taxation and the interlinking of rivers.

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Punchhi Commission Recommendations 

The following are some of the recommendations made by the Punchhi commission:

Union’s Power to Make Treaties

• According to the commission’s recommendations, the union’s treaty-making power should be limited to treaties involving topics on the State list. States will have more representation in their internal affairs this way.
• The Commission determined that nations should be more involved in drafted treaties in response to their concerns. This will ensure that the many levels of government can coexist peacefully.

National Integration Council

The commission proposed the establishment of a higher-level entity to oversee internal security matters, similar to the United States Homeland Security Department. This proposed entity could be named the 'National Integration Council.'

Article 355 and Article 356 Amendments

• The report also advised that Article 355 and Article 356 of the Constitution should be amended.
• The recommendation seeks to protect States’ interests by curbing the center’s misuse of powers.
• It specified that the Centre should, rather than bring the whole state under emergency, only the troubled area under its jurisdiction.
• The time period of an emergency should be at most three months.

Subjects in the Concurrent List

• The Commission recommended that the States be consulted through the inter-state council before bills are introduced on matters that fall in the concurrent list.
• In the context of the National Integration Council
• It recommended the creation of a superseding structure for matters relating to internal security. This structure could be known as the National Integration Council.
• Further, it recommended that this council should have at least one annual meeting and that a five-member delegation of the Council must, within two days, visit any communally affected area.

Appointment of Chief Ministers

• In the matter of the appointment of Chief Ministers of the State, the Punchhi Commission made the following recommendations:
• There should be clear guidelines on the appointment of Chief Ministers so that the discretionary powers of the Governor can be limited in this regard.
• A pre-election coalition must be recognized as a political party that fulfills the following conditions:
  • The group/alliance with the largest number of pre-poll alliances.
  • Largest party with the support of others.
  • Post-election alliances with some of the parties that joined the government.
  • Joining the government with some parties offering outside support, including post-election coalitions and the rest independents.

Appointment and Removal of Governors

• The person holding the office should be away from active politics, even at the local level, for at least two years prior to his appointment.
• The opinion of the Chief Minister of the State should also be included in the appointment of the Governor.
• A committee should be formed for the appointment of governors in the states. This committee should include:
  • the Prime Minister, 
  • the Home Minister, 
  • the Speaker of the Lok Sabha, and 
  • the Chief Minister of the respective state.
• The Vice President can also be involved in this process.
• The principle of office of profit for the office of the Governor should be abolished. It should also be removed from the Constitution.
• The state legislature should have a resolution to remove the governor instead of being removed by the central government.

Punchhi Commission: Download PDF Here!

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