'Centre-state clashes erode spirit of federalism'
New Delhi, April 5 -- A sharp rise in legal confrontations between states and the Union government risks undermining India's constitutional design, Supreme Court judge Justice BV Nagarathna said on Saturday, cautioning that such disputes erode the spirit of cooperative federalism and weaken institutional balance.
Delivering the First Dr Rajendra Prasad Memorial Lecture at Chanakya National Law University (CNLU) in Patna, Justice Nagarathna stressed that a "mature federation" must prioritise dialogue and negotiation over litigation, warning that the growing tendency of governments to rush to courts reflects deeper structural concerns.
"Increase in conflict between the States of the Union or between the Centre and the States does not augur well for the nation," she said, adding that such disputes "create a dent in constitutional form of governance and thus must be avoided."
In one of the most pointed observations of her address, the judge remarked: "A mature federation ought not rush to courts as adversaries; instead it should turn to dialogue, negotiation, and mediation. When States begin filing suits against one another, or against the Centre, it reflects not strength, but a weakening of cooperative federalism."
Similarly, she also underlined the responsibility of the Union government in maintaining federal equilibrium, stating that the Centre must view states as coordinates and not subordinates. "No doubt, the Constitution of India is said to be federal in structure and unitary in spirit. Yet, the vertical separation of powers between governments - centre and State - is not a hierarchy or of priority. It is a constitutional arrangement of co-equals," she added. P4...
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