Sarkaria commission’s guidelines come into focus

NEW DELHI: The Supreme Court has now revived long forgotten recommendations of Justice R S Sarkaria commission on the selection of Governors. Even the five-judge Bench headed by Chief Justice Y K Sabharwal had set the tone of proceedings in Bihar legislative assembly dissolution case by suggesting that they should have been considering one more issue which was whether “a Governor is a part time or full time politician”.

The court on Tuesday emphasised the urgent need for implementing Sarkaria commission’s recommendations on selection and appointment of Governors. Former Supreme Court Justice Sarkaria, in his report on Centre-State relations, had laid down certain guidelines on the selection of Governors.

Firstly, it had said, only a person who is eminent in some walk of life should be appointed the Governor of a state. Second, he should be a person from outside the State not too intimately connected with the politics of the State.

Third, he should be a person who has not taken too great a part in politics generally, and particularly in the recent past.

In selecting a Governor in accordance with the above criteria, persons belonging to the minority groups should continue to be given a chance as hitherto. The commission also said that “It is desirable that a politician from the ruling party at the Union is not appointed as Governor of a state run by the opposition.”

The Prime Minister in selecting a Governor may consult the Vice-President of India and the Speaker of the Lok Sabha. The Consultation should be confidential and informal and should not be a matter of constitutional obligation. Moreover, the Governor’s tenure of office should be of at least five years.