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This is an archive article published on September 2, 2000

Constitutional amendement on Governors’ appointment sought

NEW DELHI, SEPT 1: The standing committee of the Inter-State Council today decided to seek an amendment in the Constitution in order to ma...

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NEW DELHI, SEPT 1: The standing committee of the Inter-State Council today decided to seek an amendment in the Constitution in order to make it mandatory for the Centre to consult the states for appointment of Governors. However, Union Home Minister L.K.Advani, who chaired the meeting, made it clear that the Centre would have the “overriding powers” as far as the final decision was concerned.

The committee could not reach a consensus on the issue of placing “residual power of legislation” other than taxation in the concurrent list. The matter will now be taken up at the full meeting of the Council.

As for seeking the states’ advice for appointment of Governors, Advani later told reporters that the decision was in keeping with Sarkaria Commission’s recommendations on Centre-state relations. He described the Commission’s findings as a “most thorough and comprehensive document”.

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Quoting B.R.Ambedkar on why the word `federal’ instead of `union’ was used in the Constitution, Advani said “the Centre is keen on devolution of powers to the states. But at the same time we must be cautious that the Centre is not weakened.”

The vital question of deploying armed forces in a state — at present the deployment can be done only on the request of the state government — will be handled by a sub-committee headed by Defence Minister George Fernandes, it was decided during today’s deliberations. The sub-committee, Advani said, was dealing with the emergency powers of the Union, particularly Article 356 of the Constitution relating to deployment of armed forces in states.

While there was a general agreement “in principle” on the three-language formula, said Advani, it was decided to leave its implementation to the states. But Tamil Nadu, he added, was opposed to the formula.

The committee, disclosed Advani, “has also decided to adopt appropriate safeguards by amending the Commissions of Inquiry Act so that the Centre consults the states before appointing an inquiry committee against a state minister.”

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Advani admitted that “differing views” were expressed on strengthening state armed police and the mechanism of deployment of armed forces in states for helping civil authorities. “It was decided that all the four recommendations of the Sarkaria Commission on public order duty should be referred to a sub-committee chaired by Defence Minister George Fernandes which is already examining the issue of emergency powers, including imposition of President’s Rule in states,” he pointed out.

A number of states wanted their own broadcasting stations but the Centre had its reservations on the issue. It took the stand that this should not become a propaganda machinery for the states. The matter has now been referred to the Council.

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