Role of Courts in Preserving Federalism

 

AUTHOR: SHIVANSHU KATARE

Federalism is a system of governance where power is divided between a central authority (the federal government) and regional or state governments. The role of courts, particularly the judiciary, in preserving federalism is critical. Courts act as interpreters of the Constitution, ensuring that the distribution of powers between the central and state governments remains balanced and that neither level of government exceeds its constitutional authority. The judiciary's role is central to upholding the principles of federalism, maintaining the integrity of the Constitution, and safeguarding the rights of the states and the people.

Here is a detailed look at how courts preserve federalism:

1. Interpretation of the Constitution

• The judiciary plays a vital role in interpreting the Constitution and determining the distribution of powers between the central government and states.
• Courts interpret provisions related to federalism, such as the distribution of legislative, executive, and judicial powers between the Union and States.
• Courts ensure that the central government does not overstep its constitutional powers and that state governments retain their autonomy as guaranteed under the Constitution.

2. Judicial Review

• Judicial review is a process by which courts examine the constitutionality of laws passed by the legislature and actions taken by the executive.
• The judiciary, through judicial review, ensures that both central and state governments act within their powers. If a law or action is deemed unconstitutional, courts can strike it down, thus preventing any encroachment on the powers of the other level of government.
• In the context of federalism, judicial review protects the states from federal overreach and prevents states from encroaching upon federal powers.

3. Adjudicating Disputes Between the Union and States

• Courts, particularly the Supreme Court, act as arbiters in disputes between the Union and the States or between States.
• Articles 131 and 143 of the Indian Constitution, for instance, give the Supreme Court original jurisdiction in disputes involving the Union and one or more States.
• Courts provide a neutral platform for resolving conflicts regarding the interpretation of federal laws or the scope of powers allocated to the central or state governments.
• Courts ensure that such disputes are settled fairly, preserving the federal structure of governance.

4. Ensuring the Distribution of Powers

• The Constitution generally outlines the division of powers in a federal system through specific lists: the Union List, the State List, and the Concurrent List (in the case of India).
• Courts play a key role in ensuring that laws and policies formulated by both the central and state governments adhere to these lists.
• In cases where laws made by the central and state governments overlap, the judiciary often resolves conflicts, ensuring that each level of government respects its constitutional jurisdiction.

5. Protection of State Autonomy

• The judiciary protects the autonomy of states by ensuring that the Union does not unduly infringe upon the powers of the states.
• Courts have consistently upheld the notion of state autonomy, especially in matters related to taxation, law enforcement, and local governance.
• Federal principles of self-government, local decision-making, and diversity are maintained by safeguarding the rights and powers of state governments.

6. Preventing Centralization of Power

• Courts act as a check against any attempts to centralize power in the hands of the federal government, preserving the balance between the Union and states.
• Judicial rulings ensure that the Union does not encroach on state jurisdiction and that powers remain decentralized, which is essential for maintaining a healthy federal system.
• For example, in India, the Kesavananda Bharati case (1973) affirmed that the basic structure of the Constitution includes federalism, which cannot be altered by amendments that undermine the autonomy of states.

7. Balancing National Unity and State Diversity

• The judiciary plays a balancing role between maintaining national unity and respecting state diversity. Courts ensure that laws and policies do not impose uniformity in areas where diversity is essential.
• Courts ensure that the federal government does not suppress state diversity by centralizing power in areas like education, religion, language, and culture, which may require more flexibility to accommodate the differences across states.

8. Doctrine of Cooperation

• The doctrine of cooperation is an essential concept in federalism, where the central and state governments work together to achieve common objectives. The judiciary plays a role in encouraging cooperation between the two levels of government.
• Courts often issue directions to resolve conflicts that promote collaboration rather than confrontation between federal and state authorities, ensuring the smooth functioning of federalism.

9. Safeguarding the Rights of Citizens

• In federal systems, courts are tasked with ensuring that the rights of citizens are protected at both the central and state levels. Courts ensure that citizens' rights are not violated by either the Union or state governments.
• The judiciary provides citizens with the mechanism to challenge unjust laws, policies, or executive actions that may encroach upon their rights, thus ensuring that both levels of government respect constitutional freedoms.

10. Judicial Activism in Federalism

• In some instances, courts have actively interpreted constitutional provisions to preserve federalism, even if it means striking down laws or actions taken by the Union.
• Judicial activism has led to the strengthening of the federal structure by interpreting the Constitution in ways that ensure the autonomy of states and protect the balance of power between the Union and the states.

11. Landmark Cases in India

Several landmark judicial decisions have played a crucial role in preserving federalism in India:

• State of West Bengal v. Union of India (1963): The Supreme Court upheld the central government's power to create All-India Services and the division of powers between the central and state governments.
• Kesavananda Bharati v. State of Kerala (1973): The court laid down the "basic structure doctrine," asserting that federalism is part of the basic structure of the Constitution, thus preventing the central government from altering the federal balance.
• S.R. Bommai v. Union of India (1994): The Supreme Court protected federalism by ruling that the President’s Rule (suspension of a state's government) could only be imposed after thorough scrutiny, reinforcing state autonomy.

Conclusion

The role of courts in preserving federalism is integral to the balance of power between the Union and the States. By interpreting the Constitution, resolving disputes, and ensuring that laws and actions are consistent with the principles of federalism, courts help maintain the equilibrium necessary for a functioning federal system. Judicial independence and the application of constitutional principles are crucial in ensuring that federalism is not undermined by either the central or state governments, thus upholding the democratic structure of governance.