Centre must not trespass upon state’s power, says Supreme Court

Among rising stress between the center and non- NDA ruled states, the Supreme court gave importance on ‘collaborative federalism’ and said though the constitutional structure was slightly tilted towards the Union, it must not unduly interfere in a state’s governance.

Though the constitution farmers granted the center with slightly more power, they consciously provided for a federal balance of power between the center and states “so that there is no unwarranted or uncalled for interference by the center which would necessitates encroachment by the center into the power of the state,” said chief Justice Dipak Misra.

“The interest of the states inherent in a federal form of government gains more importance in a democratic form of government as it is absolutely necessary in a democracy that that the will of the people is given effect to. To subject the people of a particular state/region to the governance of the Union, that too, with respect to matters which can be best legislated at the state level goes against the very basic tenet of a democracy,” he said.

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It could not have been the intent of the Constitution framers to entitle the Union government, in the garb of quasi-federal constitutional scheme of governance, to adversely affect the interest of states, said the judgment by the CJI and Justices A K Sikri and A M Khanwilkar.

“Similarly, the states under our constitutional scheme were not carved as separate islands each having a distinct vision which would unnecessarily open the doors for a contrarian principle or gradually put a step to invite anarchism,” the judgement said.

Where as the SC said, “The idea behind the concept of collaborative federalism is negotiation and coordination so as to iron out the difference which may arise between the Union and the state governments in their respective pursuits of development. The Union and state governments should endeavor to address the common problems with the intention to arrive at a solution by showing statesmanship, combined action and sincere cooperation.”

The CJI said, “We are absolutely unequivocal that both the Center and the states must work within their spheres and not think of any encroachment. But in the context of exercise of authority within their spheres, there should be perception of mature statesmanship so that the constitutionally bestowed responsibilities are shared by them. Such an approach requires continuous and seamless interaction between the Union and the state Governments.”

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