
The Centre today appointed former Chief Justice of India M M Punchhi to head a Commission on Centre-state relations. With this, the stage was set for a fresh look at the relationship between the Centre and states, including Central role and jurisdiction in cases of communal and caste violence.
Two former Union Home Secretaries, Dhirendra Singh and V K Duggal, and former Director of National Law School of India, Bangalore, N R Madhava Menon, have been appointed members of the commission.
While the commission has been given exhaustive terms of reference, two aspects are of specific interest given the controversy these have generated in the past. One is 8220;the role, responsibility and jurisdiction of the Centre vis-agrave;-vis states during major and prolonged outbreaks of communal violence, caste violence or any other social conflict leading to prolonged and escalated violence8221;. This is being seen as significant in view of the 2002 Gujarat riots.
The other is the 8220;feasibility of a supporting legislation under Article 355 for the purpose of suo motu deployment of Central forces in the states if and when the situation so demands8221;.
The Communal Violence Bill, which has since been approved with some changes by the Parliamentary Standing Committee on Home Affairs, had touched on both these aspects, leading to protests from many states.
The commission will also examine 8220;the need for setting up a Central Law Enforcement Agency empowered to take up suo motu investigation of crimes having inter-state and/or international ramifications with serious implications on national security8221;.
The terms of reference of the commission, which will examine and review the existing arrangements between the Union and states, includes going into Court pronouncements in regard to powers, functions and responsibilities in all spheres including legislative relations.