CJI Chandrachud: Centre-state cooperation not only way to uphold federalism

Chief Justice of India DY Chandrachud on Saturday (October 26) in Mumbai said that cooperation between states and the Union is not the only way to uphold federal principles, and that it is necessary to view Indian federalism as a dialogue in which states and the Union engage in conversations.

The courts have, over the last few decades, evolved a robust framework on federalism to ensure that the states' rights are protected, he said, speaking on “Understanding Federalism and Its Potential" at the inaugural annual lecture series organised by the Marathi daily Loksatta.

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The CJI cited his own judgement in 2022 in the Union of India vs Mohit Minerals case and said, “It is not necessary that ‘cooperation’ between states and the Union is the only way to uphold federal principles. It is necessary to view Indian federalism as a dialogue in which states and the Union engage in conversations. Just like the conversations that we engage in on an everyday basis, it could either be easy-going or it could cause friction between the units.”

Chandrachud said, “The easy-going conversations must not be viewed as the ‘good’, and the friction as ‘bad’. The dialogues between the Union and states must be placed between two ends of the spectrum.”

“Federalism, for Indians, is not a monolithic concept but has multiple facets,” the CJI said.

Cooperative federalism

Cooperative federalism is a system of governance where the Centre and the states work together to "iron out differences to achieve the common goal of development," he said.

The dialogue between the Union government and the states must be placed on "two ends of the spectrum," Chandrachud said, adding that at one end are collaborative discussions that cooperative federalism fosters, while "interstitial contestation" between the states and the Union are at the other end.

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"Both forms of dialogue are equally important for federalism and for our nation to flourish, and what better example (one can think of) than the introduction of the GST," the CJI added.

Post 1990, when the Indian economy underwent market reforms, the economy has come to occupy the centrestage of the political discourse, he said.

"The amendment in the Constitution to reflect and embody the GST, is to my mind a classical example of collaborative, cooperative federalism," Chandrachud added.

‘Courts have played an important role in Indian federalism’

The courts have played an important role in developing the principles of Indian federalism, said the chief justice.

"The courts have been at the forefront of this development, bringing out the nuances of the doctrine to protect the interests of the states in terms of identity and efficiency," he said.

Further, in the last few decades, "the courts evolved a robust jurisprudential framework on federalism to ensure that the state's rights are protected, identity of various communities is fostered, and the value of representation is promoted," he noted.

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The federal nature of our Constitution has undergone a change by the actual operation of the democracy, Chandrachud said.

"The concept of federalism that was envisaged by our founding fathers and mothers has not remained static, it's a concept which has evolved keeping in view the realities of the evolution, the maturity and strength of our political system to incorporate more autonomy for the state," he added.

‘Indian Constitution is a transformative document’

The Indian Constitution was meant to be a "transformative document", the CJI said, while also noting that issues like climate change, AI, data privacy and cyber crime transcend the territorial boundaries which form the basis of federal units.

"These new challenges ill-fit the conventional modes of union and state subjects. Some Indian states are severely impacted by the perils of climate change, while some may be more prone to cyber attacks due to the greater volume of virtual transactions," he said.

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If federalism in the years gone by was adjusting to the political realities of the country in terms of legislative powers, in the years to come it should also be evaluated based on its ability to foster democracy and constitutional ideals of equality, liberty, dignity and fraternity, Chandrachud added.

(With agency inputs)