It is the Government’s first step in evolving a course correction in the delicate balance of power between the Centre and states in liberalised India and it comes in the form of a glossy booklet. The Commission on Centre-State Relations has published a 63-page “draft questionnaire” to be circulated among all states and key Government officials to elicit their views on the choice of questions to be circulated to “stakeholders” and set the review rolling. Among others, the Commission — headed by former Chief Justice Madan Mohan Punchhi — will examine the devolution of powers between the Centre and states with reference to “prolonged” outbreaks of communal violence, the jurisdiction of the Centre vis-à-vis states in implementation of mega projects and inter-linking of rivers, the suo motu deployment of Central forces and the need to set up a Central Law Enforcement Agency. All states are required to give the Commission feedback on whether the 67 questions listed give the correct contemporary focus to its review of Centre-state relations. Sample some questions listed in the draft questionnaire:• In the constitutional scheme, the Governor plays an important role in the relations between the Centre and the states. Do you have any comments/ suggestions to make regarding this role?• The powers and functions of the Governor in respect of assent to Bills have come for debate on many occasions. Please give your views on the matter.• There is a widespread criticism that the funds provided by the Centre are not being properly utilised by the states and there are large leakages. There is a suggestion that all transfers to the states should be subjected to conditionality. What is your view on the subject?• What should be the role, responsibility and jurisdiction of the Centre -à-vis the states during major communal tensions, particularly the ones which may lead to prolonged and escalated violence? What according to you should be classified as a major and prolonged act of violence?• What roles do you envisage for the local Government in infrastructure creation, especially mega projects, which involve acquisition of land and displacement of people under the jurisdiction of the local Government?• Some states have contended that they have to maintain and conserve large tracts of forests and green cover for national and global benefit. These states have argued for compensation to them and the communities who perform the role of stewardship of these valuable ecological assets. What are your views in this regard? • Socio-economic developments have given rise to trends of large-scale migration from the under-developed to the better-developed regions of the country. This can have the potential of creating serious implications on Centre-state relations. What measures do you suggest to contain such social tension?While analyzing its task of examining the broad sweep of Centre-state relations, the Commission has remarked, “With the rise of regional parties and coalitions, states seem to be gaining the upper hand in many matters. Centre’s powers of intervention come to be circumscribed by judicial pronouncements in several areas, such as imposition of President’s rule. In effect, states feel handicapped in pursuing development programmes of their own for lack of adequate funds while the Centre finds itself hamstrung even when there is a serious breakdown in law and order in some areas.”
