There is a red bound Constitution popular amongst lawyers, mostly because it is pocket sized and can be kept in jackets for easy access. Strangely, it has played a central stage role in the recently concluded Lok Sabha elections. The little red book was kissed and touched to the forehead and its contents extolled by one particular group of political parties which strangely called itself the I.N.D.I. Alliance, but alas only grandstanding.
India is a unit, the entire idea that the Alliance be called I.N.D.I. Alliance seems to be an effort to stress on the fact that India is a nation, as a whole, and the Indian Constitution its grundnorm. In what can only be seen as an ironic twist, and maybe inevitable is the fact that now, after the Elections of 2024, the States that are ruled by factions of the I.N.D.I. Alliance are disregarding the very same little red book, or maybe have forgotten the basics tenets of the same book, they held to their forehead and swore to protect.
India Is A Quasi Federal State
It’s a union of States and has clearly demarcated issues and aspects of Government between what is determined and decided by the Centre and what comes in the share of the State. The alliances and decisions with regards to external affairs is one such topic. India has to engage with external affairs, Kerala and West Bengal cannot. Current movements by the Congress party in Kerala and the Trinamool Congress (TMC) in West Bengal have sparked extensive concerns regarding their adherence to the Indian Constitution and the principles of federalism. From a legal perspective, it is important to scrutinise these actions through the relevant constitutional provisions, focusing on the separation of powers and the preservation of federal principles.
Kerala Appoints Foreign Secretary
The Kerala Government’s decision to appoint a Foreign Secretary represents a significant departure from constitutional norms. Article 246, read alongside Entry 10 of the Union List, assigns “Foreign Affairs; all matters which bring the Union into relation with any foreign country” exclusively to the Central Government. This means that any action related to foreign relations is under the sole jurisdiction of the Union Government. The Union List is sacrosanct in delineating the subjects exclusively reserved for the Central Government emphasising that any foreign diplomatic engagement is the prerogative of the Central Government alone. This move by Kerala violates the principle of federalism and the constitutional mandate that foreign relations must be uniform and centrally coordinated. The action undermines the unity and integrity of the nation, as a fragmented foreign policy approach could lead to inconsistent and potentially conflicting international stances. Such an encroachment may also lead to diplomatic confusion, weakening India’s position on the global stage. The Supreme Court, in State of Karnataka v. Union of India(1977), reaffirmed that foreign policy and external affairs fall exclusively within the Union’s domain. The Court emphasised that any state action in this regard would be unconstitutional and invalid. This precedent underscores the need for strict adherence to the constitutional allocation of powers to maintain national integrity.
Mamata Banerjee’s Actions
In West Bengal, Chief Minister Mamata Banerjee’s approach to immigration from Bangladesh and her statement that West Bengal will open doors for Bangladeshi immigrants have confused not just India but strangely also Bangladesh, where the Government has issued a statement.
After the Elections of 2024, the States that are ruled by factions of the I.N.D.I. Alliance are disregarding the very same little red book
This public statement of the Chief Minister has elicited strong responses from inside and outside the country simply due to its extreme irresponsibility and no forethought, forcing the Governor of West Bengal to ask for a comprehensive report under Article 167 regarding why such a statement was made and whether the State has actually impinged on the Union Government’s role and taken any action to allow illegal migration in the guise of political or humanitarian refuge.
Immigration and emigration are explicitly mentioned in the Union List (Entries 17 and 19). The Indian Constitution grants the Central Government authority over citizenship, naturalisation and aliens through Articles 5 to 11. The CAA, introduced by the Bharatiya Janata Party, aims to address issues of illegal immigration by providing a pathway to citizenship for persecuted minorities from neighbouring countries. This legislation underscores the need for a uniform national approach to immigration and citizenship, as inconsistent State policies could undermine national security and social harmony. The Act aims to rectify historical injustices faced by specific communities while simultaneously addressing the security concerns posed by illegal immigration. The implementation of the NRC in Assam highlights the State’s efforts to identify and address illegal immigration. Illegal immigration poses significant challenges, including demographic changes, socio-economic pressures, and potential security threats. The Central Government’s exclusive authority in this domain ensures a balanced approach that considers national interests and security. States acting independently in this area can lead to fragmented and ineffective immigration policies. India is a signatory to various international treaties aimed at combating illegal immigration, such as the 1951 Refugee Convention and its 1967 Protocol. These treaties, while focusing on the protection of refugees, also emphasise the importance of regulated and legal immigration processes. Any state action that contravenes these principles not only violates domestic laws but also undermines India’s international commitments.
The erosion of constitutional integrity through actions that undermine the division of powers and federal principles poses a serious threat to India’s democratic framework. As legal professionals, we must uphold the Constitution and ensure that all governmental actions conform to its provisions. The situations in Kerala and Bengal highlight the necessity for vigilance and adherence to the rule of law.
Preserving the sanctity of the Constitution and the principles of federalism is essential to maintaining the unity, integrity, and democratic ethos of India. Any deviation from this path not only weakens the legal framework but also endangers the very fabric of our nation. It is expected that any group that calls itself the I.N.D.I. Alliance looks and reads the grundnorm of India before making statements or acting in ways directly in conflict with the basis of the Union of India. National ethos and National Integrity cannot be sidestepped with impunity.
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