Constitution should be amended to make it more federal in nature: Stalin

UPSC Study Note: Constitution Should Be Amended to Make It More Federal — Stalin's Demand & the Kurian Joseph Committee

1. At a Glance

• Core issue: Tamil Nadu CM M.K. Stalin tabled the first part of the Justice Kurian Joseph High-Level Committee Report on Union-State Relations in the Tamil Nadu Assembly on 19 February 2026, demanding constitutional amendments to strengthen federalism. [S1]
• Why it matters for UPSC: Tests GS-II knowledge on Centre-State relations, cooperative federalism, constitutional provisions (Articles 245–263), and Inter-State Council; also maps to Mains essays on asymmetric federalism.
• Long-running fault line: The tension between a strong Union and State autonomy dates to the Constituent Assembly debates; periodically resurfaced via Sarkaria (1983) and Punchhi (2007) Commissions. [S2]
• Political salience: Demand by a regional party signals ongoing contestation over fiscal federalism, Governor's role, and Concurrent List subjects — perennial Prelims/Mains themes.

2. Why in the News

• 19 February 2026: Stalin tabled Part I of the Kurian Joseph Committee Report in the Tamil Nadu Assembly, calling for a constitutional amendment that "will not weaken the Union of India." [S1]
• He accused the Union government of "exercising powers in an autocratic manner" and stated that all powers should be vested in State governments as needed. [S1]
• The report's language of "structural reset" of Indian federalism through constitutional amendments and institutional reforms generated national political debate. [S3]

3. Background & Evolution

• Predecessors: National Commission to Review the Working of the Constitution (NCRWC, 2000); Rajamannar Committee (Tamil Nadu, 1969 — first State-level demand for autonomy).

4. Core Static Facts

Justice Kurian Joseph High-Level Committee (2025–26) - Constituted: April 2025, by Tamil Nadu government [S3] - Chairperson: Justice Kurian Joseph (retired Supreme Court Judge) - Members: Ashok Vardhan Shetty (former IAS officer); Prof. Naganathan (former Deputy Chairman, State Planning Commission) [S3] - Mandate: Study structural shift in Centre-State power balance; recommend institutional and constitutional reforms - Key finding: "Creeping centralisation" — Centre progressively absorbing State powers [S3] - Report: Calls for "structural reset" via constitutional amendments and institutional reforms [S3]

Sarkaria Commission (1983–88) - Total recommendations: 247 [S2] - Status: 108 implemented; 87 in process; 35 not accepted [S2] - Covered: Legislative/administrative/financial relations, Governor's role, emergency provisions, All India Services, deployment of Union Armed Forces in States [S2]

Punchhi Commission (2007–10) - Set up: 27 April 2007 [S2] | Chair: Justice M.M. Punchhi (retd CJI) - Volumes: 7 | Recommendations: 273 [S2] - Topics: Centre-State financial relations, local self-government, internal security, environment/natural resources, socio-economic development [S2]

Key Constitutional Provisions on Federalism - Article 1: India is a "Union of States" (not a federation) - Articles 245–255: Distribution of legislative powers; Parliament can legislate on State List in national interest (Art. 249) - Seventh Schedule: Union List (97 subjects), State List (66 subjects), Concurrent List (47 subjects) - Article 263: Inter-State Council (actual body: set up 1990) - Article 356: President's Rule — historically a central tool of encroachment - Article 368: Constitutional amendment procedure — requires special majority ± ratification by ≥50% State legislatures for federal provisions

5. Multi-Dimensional Analysis

Legal / Constitutional

• India's Constitution is described as "federal in form but unitary in spirit" (K.C. Wheare) — the Union can override States via Arts. 249, 250, 352, 356, 357. [S1]
• Kurian Joseph report seeks amendments specifically to entrench State powers, reducing Parliament's override capacity on State List subjects.
• Supreme Court in S.R. Bommai v. Union of India (1994) curtailed misuse of Art. 356 and declared federalism a basic feature of the Constitution, hence amendable only within limits set by the Basic Structure doctrine.

Political / Administrative

• Stalin's demand reflects DMK's longstanding advocacy for State autonomy dating to Dravidian politics since 1969 (Rajamannar Committee). [S1]
• "Creeping centralisation" concerns: Union's increasing use of Centrally Sponsored Schemes (CSS) encroaching on State subjects; GST Council giving Centre effective veto; NEET imposing Union standards on State education.
• Governor's role — Punchhi Commission recommended time-bound action on Bills reserved for Presidential assent; several Opposition-ruled States have flagged Governors acting as partisan agents.

Fiscal / Economic

• Finance Commission (vertical devolution) allocates share of central taxes to States; 15th Finance Commission set devolution at 41% of divisible pool.
• States allege shrinkage of divisible pool through cesses and surcharges (not shared with States) — a structural fiscal asymmetry.
• GST (101st Amendment, 2016) transferred significant indirect tax powers to a joint body; States lost fiscal autonomy on indirect taxation.

Social

• Stalin invoked protection of "all languages, races, religions and cultures" — directly linked to concerns over Hindi imposition, delimitation (reapportionment of Lok Sabha seats post-2026 census adversely affecting southern States), and NEET.
• Language policy and medium of instruction are State subjects now effectively overridden by central policy.

Ethical / Governance

• Report's "structural reset" argument: genuine federalism requires equal partnership, not a hierarchical Centre-State relationship.
• Centralisation risks accountability deficit — local priorities addressed better by States; one-size-fits-all Union policy reduces responsive governance.

Historical

• India's federalism debate predates independence: Cabinet Mission Plan (1946) originally envisaged a loose federation; Partition and security concerns drove a stronger Centre in the final Constitution.
• Comparative: German federalism (concurrent taxation, Bundesrat veto), Australian federalism, and Canadian federalism are often cited by reformers as models with stronger State fiscal powers.

6. Recent Developments (Last 12–18 Months)

• April 2025: Tamil Nadu government constituted the 3-member Justice Kurian Joseph High-Level Committee on Union-State Relations. [S3]
• February 2026: Part I of the report tabled in Tamil Nadu Assembly (19 Feb 2026); Stalin called for constitutional amendment and described the report as "belling the cat." [S1]
• February 2026: Stalin framed 2026 Tamil Nadu elections as contest between "Fascism and Democracy" and invoked the committee report. [S3]
• Ongoing (2025–26): Inter-State Council's Standing Committee continued deliberations on Punchhi Commission's 273 recommendations (not all implemented). [S2]

7. Prelims Hooks

1. The Sarkaria Commission (1983) made 247 recommendations on Centre-State relations; 108 have been implemented. [S2]
2. The Punchhi Commission was set up on 27 April 2007 under Justice M.M. Punchhi, a retired Chief Justice of India. [S2]
3. The Punchhi Commission submitted 7 volumes containing 273 recommendations. [S2]
4. The Justice Kurian Joseph High-Level Committee (2025) is a 3-member body constituted by the Tamil Nadu government, not the Union government. [S3]
5. In S.R. Bommai v. Union of India (1994), the Supreme Court held federalism to be a basic feature of the Constitution.
6. Article 263 of the Constitution provides for an Inter-State Council; it was actually set up in 1990 on the Sarkaria Commission's recommendation.
7. India is described in Article 1 as a "Union of States" — not a "federation of states."
8. The Seventh Schedule contains Union List (97 subjects), State List (66 subjects), and Concurrent List (47 subjects).
9. Parliament can legislate on a State List subject if Rajya Sabha passes a resolution by 2/3 majority declaring it expedient in national interest (Article 249).
10. Amendments to federal provisions of the Constitution require ratification by not less than one-half of State Legislatures (Article 368(2) proviso).
11. GST was introduced via the 101st Constitutional Amendment Act, 2016, subsuming State indirect taxes into a joint framework.
12. The 15th Finance Commission recommended 41% of the divisible pool be devolved to States (excluding J&K post-reorganisation).
13. The Rajamannar Committee (Tamil Nadu, 1969) was the first State-level committee to formally demand greater autonomy — a precursor to the current Kurian Joseph report.

8. Mains Relevance

GS Paper: GS-II (Polity & Governance)

Syllabus headings: - Functions and responsibilities of the Union and the States; issues and challenges pertaining to the federal structure - Devolution of powers and finances up to local levels and challenges therein

Plausible Mains Question Stems:

1. "The Indian Constitution is federal in form but unitary in spirit." In light of the Justice Kurian Joseph Committee's recommendation for a 'structural reset' of Indian federalism, critically examine whether constitutional amendments can make India more genuinely federal without undermining national unity. (GS-II, 250 words)

2. The Sarkaria Commission (1983) and Punchhi Commission (2007) both recommended reforms in Centre-State relations, yet structural asymmetries persist. Analyse the key areas where Union-State relations need recalibration in contemporary India. (GS-II, 250 words)

3. "Fiscal federalism in India has been eroded by the proliferation of cesses, surcharges, and Centrally Sponsored Schemes." Do you agree? Suggest reforms to restore fiscal autonomy to States. (GS-II / GS-III, 250 words)

9. Related Topics to Study Next

10. Common Errors / Trap Areas

1. Sarkaria vs Punchhi numbers confused: Sarkaria = 247 recommendations; Punchhi = 273 recommendations. Students often swap these figures.
2. Punchhi Commission Chair misidentified: Justice M.M. Punchhi was a retired Chief Justice of India, not a retired High Court judge — distinguish from other committees chaired by HC judges.
3. Kurian Joseph Committee is a State government body, not a Union government or Supreme Court-appointed commission — unlike Sarkaria/Punchhi which were central commissions.
4. "Federation" vs "Union": The Constitution uses "Union of States" (Art. 1), not "federation" — this is a deliberate drafting choice with legal significance; confusing the two in Mains answers is a trap.
5. Basic Structure and Art. 368: Students assume Parliament can amend any constitutional provision with a special majority. Federal provisions also require ratification by ≥50% State Legislatures, and the Basic Structure doctrine (Federalism = basic feature per Bommai) limits the extent of any amendment diluting State powers.

11. Sources

• [S1] "Constitution should be amended to make it more federal in nature: Stalin" — Article content provided (The Hindu, 19 February 2026) — (Tier 4)
• [S2] "Inter-State Council Standing Committee completes deliberations on Punchhi Commission report" — https://pib.gov.in/newsite/PrintRelease.aspx?relid=179541 — (Tier 1)
• [S3] "Justice Kurian Joseph Committee: A New Plan for Centre-State Relations" — https://ajmaliasacademy.in/justice-kurian-joseph-committee-a-new-plan-for-centre-state-relations/ — (reference/journalism)
• [S4] "Tamil Nadu CM Stalin forms panel to examine centre-state relations" — https://gulfnews.com/world/asia/india/tamil-nadu-cm-stalin-forms-panel-to-examine-centre-state-relations-1.500094440 — (journalism)

Sources: - The Hindu article (provided excerpt) — 19 Feb 2026 - PIB — Punchhi Commission Standing Committee deliberations - Ajmal IAS Academy — Kurian Joseph Committee explainer - Gulf News — Stalin panel formation