27-04-2025
‘3-tier cooperative federalism need of hour'
Trichy: Eminent jurists and legal scholars agreed on the need for
cooperative federalism
in a three-dimensional manner that underscores the role of Centre, state and rural panchayats and municipalities to discharge public duties within the constitutional framework.
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Speaking at LAWGICAL CONNECT, a panel discussion on Concurrent List Constitutionalism organised by SASTRA deemed university law school at Chennai, senior advocates C S Vaidyanathan, Arvind Datar and legal scholars, prof. Arghya Sengupta and Amrith Bhargav were in unanimity on the strong and robust
constitutional framework
that post-independent India adopted.
Citing the turbulence in neighbouring countries, C S Vaidyanathan explained how India's Constitution has stood its test of time.
He also spoke on the need to rationalise cess and surcharge utilisation to enrich the social infrastructure with more involvement of panchayats and municipalities. He added that states can make new civil and criminal laws for better justice administration which will receive natural assent.
Prof Arghya Sengupta echoed similar views suggesting a
three-tier system
strengthening Centre-state-rural governance model.
He added that the constitutional journey in the last 75 years has seen different models of govt. There is a need to understand various models of devolutionary power which no longer can be the same as it were during the planning commission times which many viewed as unconstitutional.
Arvind Datar compared the Constitution as a joint family with 'the Union govt as the Kartha, the state govts as coparceners,' and underscored the importance of a united family under the constitutional canvas in the light of the recent act of terrorism at Kashmir He added that the rising share of union revenue from cess and surcharge makes the case stronger for more development projects like the golden quadrilateral highway project.
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Datar stressed the importance of intra-state federalism which is as important as states wanting a share from the union pool. SASTRA vice-chancellor Dr S Vaidhyasubramaniam welcomed the gathering, tracing the history of Lawgical Connect and how it was instrumental in creating enlightened vigilantism on NJAC, Black Money Law, Uniform Civil Code, Article 370, etc.
