Cover Story
Key Recommendations Of The Sarkaria Commission
COMMENTS PRINT
Cover Story
The case for fiscal autonomy is strong. But are the states demanding it responsible enough?
Paromita Shastri, Nitin A. Gokhale, Bharat Ahluwalia, A.S. Panneerselvan, Navrattan P. Singh
Cover Story
While the US position is mild, Kashmir watchers are distinctly upset with the outright rejection
Vasantha Arora
Interview
As senior executive member of the All Party Hurriyat Conference (APHC), Mirwaiz Umer Farooq maintains that his organisation’s stand has been vindicated by the recent turn of events. Excerpts from an interview with Murali Krishnan:
Cover Story
RSS has got the better of BJP on J&K’s autonomy resolution
Ishan Joshi
Cover Story
By thwarting the autonomy move at birth, the Centre might have closed the door on its own face
Murali Krishnan
  • It made the strong suggestion that Article 370 was not a transitory provision. This appears to have been made specifically in response to "one all-India political party" that demanded the deletion of Article 370 "in the interests of national integration."
  • It recommended that the residuary powers of legislation in regard to taxation matters should remain exclusively in the competence of Parliament while the residuary field other than that of taxation should be placed on the concurrent list.
  • That the enforcement of Union laws, particularly those relating to the concurrent sphere, is secured through the machinery of the states.
  • To ensure uniformity on the basic issues of national policy, with respect to the subject of a proposed legislation, consultations may be carried out with the state governments individually and collectively at the forum of the proposed Inter-Governmental Council. It was not recommended that the consultation be a constitutional obligation.
  • Ordinarily, the Union should occupy only that much field of a concurrent subject on which uniformity of policy and action is essential in the larger interest of the nation, leaving the rest and details for state action.
  • On administrative relations, Sarkaria made the following observation: "Federalism is more a functional arrangement for cooperative action, than a static institutional concept. Article 258 (power of the Union to confer powers etc on states in certain cases) provides a tool by the liberal use of which cooperative federalism can be substantially realised in the working of the system. A more generous use of this tool should be made than has hitherto been done, for progressive decentralisation of powers to the governments of the states."
  • On Article 356, it was recommended that it be used "very sparingly, in extreme cases, as a measure of last resort, when all other alternatives fail to prevent or rectify a breakdown of constitutional machinery in the state.
  • COMMENTS PRINT
    Cover Story
    The case for fiscal autonomy is strong. But are the states demanding it responsible enough?
    Paromita Shastri, Nitin A. Gokhale, Bharat Ahluwalia, A.S. Panneerselvan, Navrattan P. Singh
    Cover Story
    While the US position is mild, Kashmir watchers are distinctly upset with the outright rejection
    Vasantha Arora
    Interview
    As senior executive member of the All Party Hurriyat Conference (APHC), Mirwaiz Umer Farooq maintains that his organisation’s stand has been vindicated by the recent turn of events. Excerpts from an interview with Murali Krishnan:
    Cover Story
    RSS has got the better of BJP on J&K’s autonomy resolution
    Ishan Joshi
    Cover Story
    By thwarting the autonomy move at birth, the Centre might have closed the door on its own face
    Murali Krishnan

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