Impact on Federalism and Constitutional Values in India
The analysis presents a critical view on the recent Supreme Court decision regarding the powers of Governors and the President of India, emphasizing its implications for the federal structure of India.
Core Philosophy of Federalism
- Federalism is a core principle entrenched in the Constitution, ensuring equal partnership between the Union and States.
- Recent judicial interpretations are perceived to erode this principle, potentially turning States into mere shadow Union Territories.
Governors' Role and Democracy
- Governors, often appointed by the central ruling party, might act on central political directives rather than state interests.
- There is concern about the impact on democracy when an unelected Governor can override decisions of an elected State Legislature.
Judicial Review and Constitutional Safeguards
- The Constitution's Judicial Review ensures that no authority, including Governors or the President, is above scrutiny.
- The unchecked powers of Governors could lead to States being trapped in continuous legal battles to validate their legislations.
Issues with Central Government Practices
- Withholding of Goods and Services Tax compensation, affecting state finances.
- Central cess collections not shared with States, and conditions imposed on central schemes increase states' financial burdens.
- Political influence through financial packages timed with elections, as seen in Bihar and Andhra Pradesh, highlighting a trend of economic centralization.
- Use of investigative agencies to target opposition figures, affecting the balance of power.
Call to Action
The document concludes with a fervent call for awareness among citizens and reconsideration by the Supreme Court to protect the federal structure, viewed as essential for preserving India's democratic ethos.
