Aim is to boost states’ autonomy sans hurting nation’s unity: TN panel chief

Justice Kurian Joseph (File Image)

NEW DELHI: Appointed by Tamil Nadu as head of a high-level committee to explore ways & means for greater autonomy for states in a federal governance structure, Justice Kurian Joseph on Wednesday said the endeavour would be to find solutions within constitutional parameters and without compromising the nation’s unity and integrity.
Justice Joseph, who retired from the Supreme Court in Nov 2018 after spending more than 18 years as a judge of constitutional courts, told TOI that the issue had been the subject matter of debate right from the 1970s, leading to setting up of Sarkaria Commission in 1983 to examine the Centre-state relationship and balance of power between the Centre and states.
In its 1988 report, the Sarkaria Commission had given 247 recommendations, including greater financial autonomy for states and appointment of impartial governors. In 2007, the UPA govt had set up another panel headed by former CJI M M Punchhi to review the functioning of arrangements between the Centre and states and had recommended reforms in using Article 356 to dismiss state govts, appointment of governors and strengthening of inter-state council for better Centre-state relations.
Justice Joseph said, “Given the long-standing debate on Centre-state sharing of power and the tussle over finances, which remain more or less unresolved, and the fact that the role of governors continues to remain a thorn in Centre-state relations, especially in light of the recent SC judgment on Tamil Nadu governor’s actions on bills passed by the assembly, a judicious study of constitutional provisions has become imperative and solutions to oft-repeated grievances of states need to be sought.”
Asked whether the committee would look into the growing tendency of insisting that people of other states working in a particular state should use the local language for day-to-day communication, he Justice Joseph smiled and said, “Appointment of a person who hails from Kerala as the head of the committee should allay that apprehension.”
Born into a large family managed by the modest income of his father serving as a clerk in Kerala HC, Justice Joseph was appointed as a judge of that HC in 2000. He used to go to school barefoot till Class 7.
He became a judge of the SC in 2013 and in 2018 participated in the press conference with three other judges led by Justice J Chelameswar to protest then CJI Dipak Misra’s alleged allotment of sensitive cases to “pliant” junior judges.
He said he accepted the Tamil Nadu assignment on one condition – not a single penny would be paid as fee or remuneration. “I stand by the promise I had made after retiring from the SC that post-retirement, I would not accept any govt job,” he said.