Former SC judges caution against centralisation, stress ‘Constitution first’ at seminar on Union-State relations
Justice Joseph recalled how the advocate Arun’s 2021 article had warned of an “attack on federalism,” and credited Chief Minister M K Stalin for promptly instituting the committee to study Union-State relations.
Supreme Court of India (Photo: PTI)
CHENNAI: In a pointed critique of creeping centralisation, two former judges of the Supreme Court on Saturday underscored the need to uphold India’s federal character and place the Constitution above all political narratives.
Delivering his introductory remarks at the National Seminar on Union-State Relations at Kalaivanar Arangam, Justice (Retd.) Kurian Joseph, Chairman of the High-Level Committee on Union-State Relations, said, “India is a Union of States, as the Constitution declares. Some irresponsible voices proclaim ‘Nation first’. I say that is not correct. It is ‘Constitution first’. Without the Constitution, there is no India. The Constitution comes first, then the Nation. To reverse this order would derail the fundamental principles of our polity. We are constitutionally federal, but the real question is: are we federally constitutional?”
Justice Joseph recalled how the advocate Arun’s 2021 article had warned of an “attack on federalism,” and credited Chief Minister M K Stalin for promptly instituting the committee to study Union-State relations. He stressed that the committee had identified several issues requiring urgent attention to preserve federal balance.
In his keynote address on “Federalism and the Principle of Subsidiarity” and “Creeping Centralisation in India since 1950,” Justice (Retd.) Jasti Chelameswar questioned the excessive control of the Union over state subjects. “Why should forests be in the Concurrent List? Can’t States maintain them on their own? Do we really need a centrally appointed administrative officer to run a district? The creation of All India Services is a colonial legacy. Does such a system truly reflect a federal structure?” he asked.
Chelameswar argued that India’s federal framework was historically distinct, shaped more by colonial administrative arrangements than by the sovereignty of provinces. He warned that successive constitutional amendments and policies—such as the 42nd Amendment limiting States’ role in education—had steadily eroded state autonomy.
Taking a swipe at recent political rhetoric, he added, “To feel ashamed of speaking in English is an emotional blackmail. I am proud of my mother tongue, but English is my convenience. Why impose yet another language burden on the people?”
Chief Minister Stalin, State Ministers, retired judges, MPs, MLAs, officials, and students attended the seminar, which witnessed impassioned deliberations on preserving the spirit of federalism enshrined in the Constitution.
