Paper: GS – II, Subject: Polity, Topic: Federalism, Issue: The Federal Structure.
Context:
The Supreme Court of India’s response to the 16th Presidential reference concerning the powers of Governors and the President.
Key Highlights:
It argues that the Court’s interpretation undermines the core principle of federalism, potentially transforming States into subordinate entities dependent on the central government.
Federalism as a Vital Safeguard:
- Beyond Basic Structure: Federalism is not only part of the Constitution’s basic structure but also a vital safeguard against the central government’s arbitrariness and autocracy.
- Death Knell for Federalism: Undermining federalism could lead to the central government’s absolute dominion over institutions that seek to regulate and control its power.
Equal Partners in the Constitutional Scheme:
- Union and States as Equals: The Constitution envisions the Union and States as equal partners, with the central government being “first among equals,” not a superior authority.
- State Autonomy: States possess complete autonomy in areas within the State list, such as land laws and law and order.
- Violation of Constitutional Scheme: Any deviation from this understanding of federalism would disrupt the constitutional scheme envisioned by the framers.
The Role of Governors and the Threat to Democracy:
- Governor’s Actions: If Governors indefinitely delay Bills passed by State Legislatures or return them for reconsideration, only to reserve them for the President’s assent after reaffirmation, it undermines the elected Legislature.
- Governors as Central Appointees: Governors, often appointed by the ruling party at the Centre, may act on the central government’s whims and accommodate its political agendas.
Timelines and Reasonableness:
- Need for Timelines: A timeline for the Governor’s exercise of powers under Article 200 is necessary to align with the principle of federalism.
- Preventing Despotism: Without timelines, the Governor could become an unelected despot over an elected Government.
Judicial Review:
- Part of Basic Structure: “Judicial Review” is an essential part of the Constitution’s basic structure.
- No Immunity from Review: No authority, including Parliament, can claim immunity from judicial review.
- Accountability of Governors and the President: The offices of Governor and President should not be exempt from judicial review, as they are creations of the same Constitution.
Limited Direction and Constitutional Principles:
The presidential opinion may strengthen central control through Governors, threatening State autonomy. Safeguarding federalism requires limiting gubernatorial overreach and ensuring judicial oversight to protect democratic, constitutional balance.
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