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CJI Chandrachud delivers inaugural ‘Loksatta series’ lecture: Key Highlights

The CJI, while delivering the inaugural lecture in the Loksatta Annual Lecture series, talked about problems in the scholarly studies of Indian federalism, while highlighting that "they often view the model from a Western lens..."

CJI Chandrachud federalismChief Justice of India D Y Chandrachud. (Express photo by Amit Chakravarty)
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Chief Justice of India D Y Chandrachud Saturday said that while federalism of the past was about “adjusting to the political realities of the country in terms of legislative powers”, in the future, it should be evaluated on its ability to “foster democracy and constitutional ideals of equality, liberty, dignity and fraternity.”

The CJI, while delivering the inaugural lecture in the Loksatta Annual Lecture series, talked about problems in the scholarly studies of Indian federalism, while highlighting that “they often view the model from a Western lens. The critiques of Indian federalism assume that the Western model is the ideal model independent of India’s specific needs.”

Here are the top quotes from CJI Chandrachud’s speech:

📌 While highlighting that the unique nature of our polity ensures that the predominant strength of the Union is counterbalanced by the plenary power of our states, the CJI said, “…. If federalism in the years gone by was about adjusting to the political realities of the country in terms of legislative powers in the years to come federalism should also be evaluated based on its ability to foster democracy and constitutional ideals of equality, liberty, dignity and fraternity.”

📌 Speaking on dialogues between the Central and state governments, the CJI said these “must be placed on two ends of the spectrum.” “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. Federalism does not therefore entail only convenient outcomes but is equally welcoming of some contest,” he added.

📌 “…at the birth of the Constitution, the overarching theme was how do we preserve the nation and how do we ensure that the nation – the Union is indestructible, and therefore you find the absence of the word federal in the Constitution when it was adopted,” CJI Chandrachud said.

📌 Talking about federalism in the Indian context, the CJI said, “… critical engagement with the idea of federalism has been sparse.” “We almost unquestionably accept federalism as a good or desirable value in our political system. That is because the Indian Constitution has a very strong social conception of equality and liberty; thus conferring independent legislative and executive power to the states was never viewed as an avenue of enabling or permitting socially undesirable outcomes,” he said.

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📌 The CJI also put forth the significant challenges in the contemporary world, namely climate change, artificial intelligence, data privacy and cybercrime. Chandrachud said these “transcend territorial boundaries which form the basis of federal units. These new challenges ill fit the conventional modes of union and state subjects. 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.”

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