Punchhi Commission: A Comprehensive Guide to its Recommendations and Observations

Introduction

To examine the distribution of powers between center and states, the Punchhi Commission was constituted in 2007. This was an Important commission that suggested a few of most important recommendations related to distribution of powers between center and state.

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Making of Punchhi Commission

The Punchhi Commission, officially known as the National Commission to Review the Working of the Constitution, was formed in 2007 by the Indian government to examine various aspects of the country's constitution and suggest reforms if necessary.

The commission was named after its chairman Justice Madan Mohan Punchhi, a former Chief Justice of India. The other members of the commission included legal experts, political scientists, and representatives from various political parties.

The commission was tasked with examining issues related to the distribution of powers between the central and state governments, the functioning of the judiciary, the role of the governor in states, and the rights of minority communities, among other things.

The formation of the commission was seen as a significant step towards addressing the long-standing demand for constitutional reforms in India. The commission submitted its report to the government in 2010, which contained several recommendations for improving the functioning of the constitution.

Observations of Punchhi Commission

The Punchhi Commission made several observations and recommendations in its report submitted to the Indian government in 2010. Here are some of the key observations:

The Commission observed that the Constitution of India has served the country well but suggested that there is a need to re-examine some of its provisions to meet the challenges of the changing times.

The Commission noted that there is a need to strike a balance between the powers of the central and state governments, and suggested a review of the existing federal structure.

The Commission recommended that the appointment and transfer of judges should be made by a collegium of judges, and not solely by the executive branch of the government.

The Commission recommended that the office of the Governor, which is a constitutional post, should be insulated from political interference and that the Governor should be appointed based on the recommendations of a committee consisting of the Prime Minister, Chief Justice of India, and the Leader of Opposition in the Lok Sabha.

The Commission suggested that the provisions related to the rights of minority communities should be reviewed to ensure that they are adequately protected.

The Commission recommended that the government should take steps to address the issue of corruption in politics, including the creation of an independent mechanism to investigate corruption cases.

The Commission suggested that the government should review the functioning of various institutions, including the Election Commission, Comptroller and Auditor General, and the National Human Rights Commission, to ensure that they are functioning effectively and independently.

Significance of Punchhi Commission

The Punchhi Commission, officially known as the National Commission to Review the Working of the Constitution, holds significant importance for the following reasons:

Review of the Constitution

The Punchhi Commission was formed to review the working of the Indian Constitution and suggest reforms, if necessary. This was the first comprehensive review of the Constitution since it was adopted in 1950.

Focus on Federalism

The Commission focused on the issue of federalism and recommended a review of the distribution of powers between the central and state governments, which is essential for the proper functioning of democracy in India.

Judicial Reforms

The Commission recommended several reforms related to the functioning of the judiciary, including the appointment and transfer of judges, and the role of the Chief Justice of India. These recommendations have since been the subject of much debate and discussion.

Recommendations for Minority Rights

The Commission recommended the review of the provisions related to the rights of minority communities to ensure that they are adequately protected.

Addressing Corruption

The Commission suggested measures to address corruption in politics, including the creation of an independent mechanism to investigate corruption cases.

Importance for Constitutional Reforms

The Commission's report is an important milestone in the history of constitutional reforms in India, and its recommendations provide a framework for future reforms.

Recommendations of Punchhi Commission

The Punchhi Commission, officially known as the National Commission to Review the Working of the Constitution, made several recommendations in its report submitted to the Indian government in 2010. Here are some of the important recommendations made by the Commission:

Review of the Distribution of Powers

The Commission recommended a review of the distribution of powers between the central and state governments, suggesting that the central government should have limited control over subjects that fall under the jurisdiction of the state governments.

Protection of Minority Rights

The Commission suggested the review of the provisions related to the rights of minority communities to ensure that they are adequately protected.

Collegium for Appointment and Transfer of Judges

The Commission recommended that the appointment and transfer of judges should be made by a collegium of judges, and not solely by the executive branch of the government.

Independent Investigative Mechanism

The Commission recommended the creation of an independent mechanism to investigate corruption cases.

Governor's Office

The Commission suggested that the office of the Governor should be insulated from political interference and that the Governor should be appointed based on the recommendations of a committee consisting of the Prime Minister, Chief Justice of India, and the Leader of Opposition in the Lok Sabha.

Federal Structure

The Commission recommended a review of the federal structure to strike a balance between the powers of the central and state governments.

Human Rights

The Commission recommended that the National Human Rights Commission should be given more teeth to ensure that human rights violations are properly investigated and punished.

Constitutional Status for Local Bodies

The Commission suggested that local bodies should be given constitutional status to ensure that they have adequate resources and powers to perform their functions effectively

Transparency in Political Funding

The Commission recommended the introduction of greater transparency in political funding, including the disclosure of the source of funds and the expenditure incurred during elections.

Right to Information

The Commission suggested that the right to information should be expanded to cover private bodies and that the government should take measures to ensure that information is provided to citizens in a timely and efficient manner.