‘India had opportunities to reform federal structures during long stints of coalition governments’

Webinar discusses India's federalism, the role of Governors, and the importance of safeguarding free speech in the Constitution.

A webinar on Constitution Under the Microscope: Federalism, Free Speech and the Indian Republic, jointly organised by the SRM Institute of Science and Technology and The Hindu, focused on strained Centre-State ties in many States, the role of Governors, and the importance of free speech.

Responding to a question on whether the Constitution requires amendments to make it more federal in nature, Madras High Court advocate Suhrith Parthasarathy said such an amendment may not be necessary. Instead, he stressed the need to preserve the Constitution’s basic essence.

He suggested three ways of interpreting the Constitution with a federal tilt and not a unitary one. “The first is by restoring fiscal federalism: giving States a greater say in GST design and revenue stability, and revisiting Centrally Sponsored Schemes. The second is rebalancing legislative power by tightening the scope of the Concurrent List and strengthening institutions such as the Inter-State Council. The third is to reform the role of Governors.”

Akila R., an advocate practising at the Madras High Court and trial courts in Chennai, said in the current political scenario, amending the Constitution to make it more federal may not be feasible.

A. Vinay Kumar, the pro vice-chancellor for the Faculty of Science and Humanities, School of Law, and Faculty of Management at SRM Institute of Science and Technology (SRMIST), Kattankulathur, observed that India had opportunities to reform its federal structure during long stints of coalition governments. “The mandate makes a difference in renegotiating these aspects,” he said.

Sree Sudha, dean of SRM School of Law, said freedom of speech and expression is an important fundamental right.