AG R Venkataramani addressed “I’m noticing an increasing number of State governments turning to the Supreme Court due to political conflicts. These disputes cover a broad spectrum of essentially political matters, presenting new constitutional challenges. Courts have taken on these issues, which now hold significant constitutional weight.”
NEW DELHI: Recently, India’s Attorney General (AG) R Venkataramani addressed an increase in state governments taking their political disputes to the Supreme Court. This change shows that courts are now more involved in issues that were once seen as political debates, introducing new constitutional challenges.
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During a lecture at SASTRA University in Thanjavur, the AG mentioned how states are frequently seeking the Supreme Court’s help in disagreements with the Central government over things like the approval of laws and financial support. This has been highlighted by actions from the governments of Kerala, Punjab, Tamil Nadu, Telangana, and Karnataka, with Karnataka recently seeking help due to a financial crunch caused by a drought.
The AG highlighted this trend as a fresh challenge with constitutional implications, stating,
“I’m noticing an increasing number of State governments turning to the Supreme Court due to political conflicts. These disputes cover a broad spectrum of essentially political matters, presenting new constitutional challenges. Courts have taken on these issues, which now hold significant constitutional weight.”
Venkataramani praised Nani Palkhivala, a prominent legal figure, for his contributions to legal and constitutional discussions in India. He also talked about the importance of free speech and the basic structure doctrine, emphasizing the need for communication beyond just social media and highlighting the doctrine’s role in keeping the Constitution active and protected from misuse.
“There’s a distinction between the urge and necessity to express oneself. Communication should be approached as a responsibility. While platforms like Instagram and WhatsApp are extensively used, it’s not always out of necessity but rather because communication avenues have narrowed, compelling us to engage on a wide range of topics.”
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On the basic structure doctrine, he said,
“This doctrine serves as a facilitator for citizens to utilize the Constitution dynamically, ensuring it isn’t treated as an unregulated playground by governing bodies. Grasping the doctrine holds intrinsic value, allowing for public scrutiny of governmental actions beyond merely nullifying them.”
He said that the Supreme Court has been establishing rights based on fundamental rights already in place. For instance, the right to access information about a candidate’s background arose from the freedom of speech.
He emphasized the significance of freedom to Indians and emphasized that constitutionalists must remain watchful of social and legal norms to prevent divisions within society.
