Chief Justice of India D Y Chandrachud emphasized the evolving nature of federalism in India during the Loksatta Annual Lecture. He stated that federalism should be “evaluated based on its ability to foster democracy and constitutional ideals” while addressing modern challenges like climate change and cybercrime. He highlighted the importance of cooperation between the Union and states and the role of courts in shaping federalism.
Mumbai: Chief Justice of India D Y Chandrachud emphasized the evolving role of federalism in India during the inaugural lecture of the Loksatta Annual Lecture series at Mumbai University. He stated that if federalism in the past years was about adjusting to political realities, 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.”
The Need for a Transformative Approach to Federalism
In his address, CJI Chandrachud pointed out that
“climate change, artificial intelligence and cybercrime transcend territorial boundaries which form the basis of federal units”
and that these issues “ill fit the conventional modes of union and state subjects.” This highlights the urgent need for a transformative approach to federalism that adapts to modern challenges.
“The unique nature of our polity has ensured that the predominant strength of the Union is counterbalanced by the plenary power of our states,”
he explained.
“The States and the Union are both creatures of the Constitution. They must act in synergy and cooperation in finding meaningful solutions to modern-day problems.”
He urged for a collaborative spirit to tackle these challenges, asserting that the ability to address them is “the litmus test for our model of federalism and the framers’ faith in it.”
Addressing Contemporary Challenges
CJI Chandrachud emphasized that the Constitution was “meant to be a transformative document and not a static one”, capable of addressing new challenges. He noted that
“climate change is not just a concern for one of our coastal states. Every state in the nation bears the responsibility to answer the problems of climate change.”
This acknowledgment reinforces the idea that federalism in India must adapt to ensure “spatial impacts of these overarching problems.”
He further explained how “some Indian states are much more severely impacted by the perils of climate change while some may be more prone to cyber attacks due to the greater volume or value of virtual transactions.” This interconnectedness calls for a reevaluation of the federal framework to respond effectively.
Federalism in the Indian Context
CJI Chandrachud reflected on the Western view of federalism, stating that it is often opposed due to perceptions of it condoning discriminatory practices. In contrast, he noted, “critical engagement with the idea of federalism has been sparse” in India.
“We almost unquestionably accept federalism as a good or desirable value in our political system,”
he added, crediting the Indian Constitution’s strong social conception of equality and liberty for this acceptance.
He asserted that “federalism was never regarded as a mask” but rather as a foundational principle for ensuring fundamental human rights. This unique Indian perspective on federalism fosters an environment where legislative and executive powers are conferred to states without enabling socially undesirable outcomes.
Dialogue as a Fundamental Element of Federalism
CJI Chandrachud highlighted the importance of dialogue between the Central and state governments.
“The dialogues between the Union and the States must be placed on two ends of the spectrum,”
he stated.
“Collaborative discussions that cooperative federalism fosters are at the end of one spectrum and interstitial contestations are at the other hand. Both forms of dialogue are equally important for federalism to flourish.”
This approach illustrates that federalism is not merely about achieving convenient outcomes; it also accommodates contestation and discussion, which are crucial for its growth.
Role of the Courts in Shaping Federalism
The Chief Justice also acknowledged the crucial role of constitutional courts in shaping the federal system.
“A discussion on Indian federalism cannot possibly conclude without discussing the Courts’ contributions in developing this principle,”
he remarked. He noted that 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.”
In conclusion, CJI D Y Chandrachud’s insights during the Loksatta Annual Lecture series highlight the evolving nature of federalism in India. As the nation faces modern challenges, the emphasis on cooperation, dialogue, and adaptability will be vital for fostering a democratic and equitable society.
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