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Today Date : Friday, March 29, 2024

Federalism and Supreme Court's judgment

Federalism and Supreme Court's judgment

The BJP Government has been working against Federalism ever since it came to power in India. Further it has snatched the rights of the State Government and has been pressurizing them to do what it says. Including Tamilnadu all non-BJP Governments in states have been strongly opposing the BJP led Union Government for this.

Against this scenario, the Supreme Court has examined and given its judgment in the public interest litigation for abolishing GST. Moreover it has observed that the Union Government cannot compel State Governments to implement decisions taken at the GST council as the decisions will not be binding on the later. Compulsion will impair Federal set-up. It has to be understood that in India, Democracy and Federalism are dependent on one another, the Apex Court has observed.

In the case of release of Perarivalan (Rajiv Gandhi murder case convict) also the actions of the Governor and President have amounted to interference and reducing the powers of the State. The Supreme Court's judgement confirms this reality. The judgement reinforces the rights of the States. It has reiterated that the Governor has no powers to exercise control in the affairs of the State Governments beyond their limits.

In two consecutive cases, the Supreme Court has given lessons in Federalism. It is a big victory scored in terms of Federalism. Henceforth atleast the Union Government should not indulge in any act that would demolish the Federal structure. Federalism must be nurtured and Democracy must be strengthened. Let Democracy flourish healthily in India