Question

Consider the following statements:

1. The First ARC recommended deployment of Central armed forces in states only upon the state’s request.

2. The Sarkaria Commission recommended that the Centre may deploy armed forces without state consent, though consultation is desirable.

3. The West Bengal Memorandum opposed central powers for deployment of armed forces without state approval.

• A. 1 and 2 only
• B. 1 and 3 only
• C. 2 and 3 only
• D. All are correct

Answer 1

Answer:

C. 2 and 3 only

Deployment of Central Armed Forces in States

• The deployment of Central armed forces in a state without its consent is a significant aspect of Centre-State relations in India, primarily falling under the purview of law and order, which is a State subject.
• However, the Union government has powers to deploy its forces under certain circumstances, often leading to debates on federalism.

First Administrative Reforms Commission (ARC) - 1966

• The First ARC, headed by Morarji Desai (and later K. Hanumanthaiah), was set up in 1966 to examine the public administration system.
• Contrary to the statement, the First ARC did not recommend that central armed forces be deployed only upon the state's request. Instead, it supported the Union's power to deploy its armed forces in states even without their consent, especially to assist civil power, provided there was prior consultation.
• Its recommendations focused on strengthening administrative efficiency and Centre-State coordination.

Sarkaria Commission - 1983

• The Sarkaria Commission, headed by Justice R.S. Sarkaria, was set up in 1983 to examine the relationship and balance of power between Centre and State governments.
• It famously recommended that the Centre may deploy its armed forces, like the CRPF or BSF, in a state without the consent of the state government.
• However, it emphasized that it is desirable for the Centre to consult the state government before such deployment. This was aimed at maintaining cooperative federalism while ensuring national security and law and order.
• The Commission also suggested that the Union should explain the reasons for deployment and its duration, and the state government should extend full cooperation.

West Bengal Memorandum - 1977

• The West Bengal Memorandum of 1977, often referred to as the 'memorandum on Centre-State Relations,' was a significant document put forth by the Left Front government of West Bengal.
• This memorandum strongly advocated for greater autonomy for states and sought a fundamental restructuring of Centre-State relations.
• Among its many demands, it explicitly opposed the central government's power to deploy armed forces in states without their explicit approval. It argued that this provision undermined the federal structure and the state's jurisdiction over law and order.
• This memorandum reflected the broader demands from several non-Congress ruled states at the time for more federal power and less central intervention.

Constitutional Provisions & Key Facts

• Article 355 of the Indian Constitution imposes a duty on the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution. This article is often cited to justify central deployment of forces.
• Article 356 deals with the imposition of President's Rule in states, which also involves central intervention in state affairs, though it's distinct from mere deployment of forces.
• The question of deploying central armed forces without state consent has been a long-standing point of contention in Indian federalism.