Question

What are recommendations of Sarkaria's commission on related to governor?

Answer 1

Answer:

THANK YOU

Explanation:

The final report contained 247 specific recommendations. In spite of the large size of its reports - the Commission recommended, by and large, status quo in the Centre-State relations, especially in the areas, relating to legislative matters, role of Governors and use of Article 356.

Answer 2

The Sarkaria Commission’s recommendations related to Governor :-

A Commission headed by Justice R.S. Sarkaria, a former Judge of the Supreme Court, was constituted to "examine and review the working of the existing arrangements between the Union and States in regard to powers, functions and responsibilities in all spheres and recommend such changes or other measures as may be appropriate". It gave its recommendations in 1987.

Recommendations of the Sarkaria Commission in regard to the institution of Governor are briefly the following :-

The person to be appointed as a Governor

• should be an eminent person;

• must be a person from outside the State;

• must not have participated in active politics at least for some time before his appointment;

• he should be a detached person and not too intimately connected with the local politics of the State;

• He should be appointed in consultation with the Chief Minister of the State, Vice-President of India and the Speaker of the Lok Sabha. His tenure of office must be garanteed and should not be disturbed except for extremely compelling reasons and if any action is to be taken against him he must be given a reasonable opportunity for showing cause against the grounds on which he is sought to be removed. In case of such termination or resignation by the Governor, the Government should lay before both the Houses of Parliament, a statement explaining the, circumstances leading to such removal or resignation, as the case may be;

• After demitting his office, the person appointed as Governor should not be eligible for any other appointment or office of profit under the Union or a State Government except for a second term as Governor or election as Vice-President or President of India, as the case may be; and

• At the end of his tenure, reasonable post-retirement benefits should be provided.

Sarkaria Commission further recommended that in choosing a Chief Minister, the Governor should be guided by Sarkaria Commission further recommended that in choosing a Chief Minister, the Governor should be guided by the following principles, viz. :-

• The Party or combination of parties which commands the widest support in the Legislative Assembly should be called upon to form the government.

• The Governor‘s task is to see that a government is formed and not to try to form a government which pursue policies which he approves.

• If there is a single party having an absolute majority in the Assembly, the leader of the party should automatically be asked to become the Chief Minster.

• If there is no such party, the Governor should select a Chief Minister from among the following parties or groups of parties by sounding them, in turn, in the order of preference indicated below:

⭐ an alliance of parties that was formed prior to the Elections.

⭐ the largest single party staking a claim to form the government with the support of others, including 'independents'.

⭐ a post-electoral coalition of parties, with all the partners in the coalition joining the government.

⭐ a post-electoral alliance of parties, with some of the parties in the alliance forming a Government and the remaining parties, including 'independents' supporting the government, from outside.

⭐ The Governor while going through the process described above should select a leader who in his (Governor‘s) judgment is most likely to command a majority in the Assembly.

• It was also recommended that a Chief Minister, unless he is the leader of a party which has absolute majority in the Assembly, should seek a vote of confidence in the Assembly within 30 day‘s of taking over.

• The other recommendations made by the Sarkaria Commission are that the issue of majority support should be allowed/directed to be tested only on the floor of the House and no where else and that in the matter of summoning and proroguing the Legislative Assembly, he must normally go by the advice to Council of Ministers but where a no confidence motion is moved and the Chief Minister advises proroguing the Assembly, he should not accept it straightaway and advise him to face the House.