What Happened
- Supreme Court Justice B.V. Nagarathna stated that the Centre ought to view states as "coordinates" and not "subordinates," and that federalism is a constitutional arrangement of co-equals.
- She was delivering the 1st Dr. Rajendra Prasad Memorial Lecture at Chanakya National Law University, Patna, on the theme "Constitutionalism beyond Rights: Why Structure Matters."
- Justice Nagarathna emphasised that state governments are not subordinate to the Union Government except as stipulated under the Constitution, and must be treated with due respect irrespective of the political party in power.
- She stated that institutions like the Election Commission of India (ECI) and the Comptroller and Auditor General (CAG) must function independently, outside political influence.
- She cautioned that when states begin filing suits against one another or against the Centre, it reflects a weakening of cooperative federalism, and urged dialogue and mediation instead.
Static Topic Bridges
Federal Structure Under the Indian Constitution
The Indian Constitution establishes a quasi-federal or "Union of States" framework, distributing powers between the Centre and the States through the Seventh Schedule. Article 246 divides legislative subjects into three lists: the Union List (97 subjects), the State List (66 subjects), and the Concurrent List (47 subjects). While the Constitution gives the Centre overriding powers in certain situations (residuary powers under Article 248, paramountcy in the Concurrent List under Article 254), it also safeguards state autonomy through provisions like Article 263 (Inter-State Council) and Article 280 (Finance Commission).
- Article 1 describes India as a "Union of States," not a "Federation," indicating that states cannot secede.
- The Centre has overriding power in case of conflict on Concurrent List subjects (Article 254).
- Residuary powers lie with the Centre under Article 248 and Entry 97 of the Union List.
- Article 356 (President's Rule) gives the Centre power to take over state governance, a provision frequently criticised for misuse.
- The Inter-State Council under Article 263 was recommended by the Sarkaria Commission (1988) as a mechanism for regular Centre-State dialogue.
Connection to this news: Justice Nagarathna's remarks highlight the constitutional design of federalism as a system of "co-equals," pushing back against the Centre's tendency to treat states as subordinate units, particularly when different political parties govern at the Centre and in the states.
Cooperative Federalism vs. Competitive Federalism
Cooperative federalism envisions the Centre and states working together as partners, sharing responsibilities and resources to achieve national objectives while respecting state autonomy. Competitive federalism, introduced through initiatives like NITI Aayog rankings, encourages states to compete with each other on development indicators. The Sarkaria Commission (1983-88) and the Punchhi Commission (2007-10) both made extensive recommendations to strengthen cooperative federalism, including restraint in using Article 356, consultation before deploying central forces, and respecting the autonomy of Governors.
- The Sarkaria Commission (1988) made 247 recommendations, including that Article 356 should be used sparingly and the state assembly should not be dissolved until Parliament approves the proclamation.
- The Punchhi Commission (2010) recommended that Governors should be apolitical and suggested a fixed five-year tenure.
- GST Council (Article 279A) is cited as a successful model of cooperative federalism, with Centre and states jointly deciding tax rates.
- NITI Aayog replaced the Planning Commission in 2015, shifting from a top-down to a more collaborative model.
Connection to this news: Justice Nagarathna's call for dialogue, negotiation, and mediation over litigation echoes the recommendations of both the Sarkaria and Punchhi Commissions, and aligns with the cooperative federalism ideal enshrined in the Constitution.
Role of Constitutional Bodies in Maintaining Federal Balance
Independent constitutional and statutory bodies serve as institutional safeguards of India's federal structure. The Finance Commission (Article 280) determines the distribution of taxes between the Centre and states, the Election Commission (Article 324) ensures free and fair elections at all levels, and the CAG (Article 148) audits government accounts of both the Centre and states. Their independence from political influence is essential for maintaining the balance of power in a federal system.
- The Finance Commission is constituted every five years; the 16th Finance Commission is currently operational.
- The Election Commission was made a multi-member body (3 members) and the Supreme Court ruled in 2023 that CEC/EC appointments should involve a selection committee including the CJI.
- The CAG audits all receipts and expenditures of the Centre and states, and reports to the respective legislatures.
- The Inter-State Council, reconstituted in 2021, has the PM as chair and all CMs as members.
Connection to this news: Justice Nagarathna's emphasis on institutions like the ECI and CAG functioning outside political influence reinforces the constitutional vision of independent bodies as checks against centralisation of power.
Key Facts & Data
- Article 246 and the Seventh Schedule divide legislative powers into Union List (97 entries), State List (66 entries), and Concurrent List (47 entries).
- The Sarkaria Commission (1988) made 247 recommendations on Centre-State relations; the Punchhi Commission (2010) further refined these.
- India has seen over 130 instances of President's Rule under Article 356 since 1950.
- The GST Council (Article 279A) has held over 50 meetings since its formation, making decisions by consensus rather than voting.
- Justice B.V. Nagarathna is set to become the first woman Chief Justice of India.