Tamil Nadu

TN panel recommends sweeping reforms to balance state-Union relations

A high-level committee led by Justice Kurian Joseph has submitted the first part of its report to Chief Minister MK Stalin, proposing sweeping constitutional, fiscal and institutional reforms to rebalance Union–state relations.

Written by : Azeefa Fathima
Edited by : Bharathy Singaravel

Follow TNM’s WhatsApp channel for news updates and story links.

The Justice Kurian Joseph-led high-level committee on Union–state relations, constituted by the Tamil Nadu government, has submitted and tabled Part I of its report. The report calls for a “structural reset” of Indian federalism through wide-ranging constitutional amendments and institutional reforms.

The report was submitted to Chief Minister MK Stalin at the Secretariat in Chennai on February 16, and makes a case for decentralisation and state autonomy, addressing constitutional amendments, the territorial integrity of states, the Governor’s office and delimitation.

 The state government described the submission as “an important milestone in Tamil Nadu’s continuing engagement with the evolution of India’s federal structure”.

An official press release stated, “The objective is not to weaken the Union, but to right-size it, enabling it to focus on genuinely national responsibilities while restoring to the states the autonomy essential for effective governance and aligning authority with responsibility.”

 It further said, “A Union that diffuses its energies across functions better performed by states and local bodies risks distraction from the larger national challenges that only it can address.”

Part I of the report was tabled in the Tamil Nadu Legislative Assembly by Chief Minister MK Stalin. The committee, chaired by retired Supreme Court judge Justice Kurian Joseph, was constituted in April 2025 and includes retired IAS officer K Ashok Vardhan Shetty and former Vice Chairman of the Tamil Nadu Planning Commission M Naganathan.

The preface of the report states: “For India, federalism was never a borrowed theory or an ideological indulgence. It was a necessity,” but adds that centralisation now persists “as habit… an inherited reflex rather than a consciously renewed constitutional choice”.

Foundational arguments for decentralisation

The report advances eleven arguments—seven in favour of decentralisation and four debunking what it terms “centralisation fallacies”. 

These arguments aim to foreground liberty, strategic focus, democracy, resilience, innovation, social justice and probity.

It also challenges the Union government’s narratives regarding incapacity, control, equalisation and uniformity narratives.

The committee concludes that the Union and states must function as partners in governance rather than rivals.

Constitutional amendment reforms

The panel flags concerns over the flexibility of Article 368 (power of Parliament to amend the Constitution and procedure). It contends that the amendment process allows a simple majority in Parliament to enact changes with “potentially devastating consequences for the federal structure,” citing the 42nd Amendment during the Emergency as an example.

The recommendations include:

  • Reducing the list of provisions amendable by simple majority to limited items such as Article 2 (admission or establishment of new states), Article 11 (parliament to regulate the right of citizenship by law) and union territory administration.

  • Requiring every constitutional amendment to be passed by a two-thirds majority of the total membership of each House of Parliament.

  • Mandating ratification by two-thirds of state legislatures representing at least two-thirds of India’s population.

  • Allowing two-thirds of states (representing two-thirds of the population) to initiate amendments, compelling Parliament to consider them.

  • Requiring state-specific amendments affecting Articles 3 (formation of new states and alteration of areas, boundaries or names of existing states) or 371 (which grants some temporary, transitional and special powers for certain states) to obtain mandatory consent from affected states by two-thirds majority.

  • Codifying the “basic structure” doctrine into Article 368 through a new clause explicitly listing unamendable features such as federalism, democracy and secularism.

  • Prohibiting final votes in the same session as introduction and generally requiring a one-year gap before assent.

  • Mandating at least three months of public consultation before introduction.

  • Introducing sunset clauses requiring periodic review of certain provisions such as Article 356 (provisions in case of failure of constitutional machinery in a state) and the Tenth Schedule (provisions as to disqualification on the ground of defection).

Territorial Integrity and union territories

The report recommends restricting Article 2 solely to admission of new territories and converting all boundary changes under Article 3 into state-specific constitutional amendments.

Creation of new states would require consent of affected legislatures by a two-thirds majority or a referendum with 75% turnout and two-thirds approval. Boundary changes would need the mandatory consent of affected states. Name changes must originate in the State Legislature and cannot recur within 25 years.

No territorial reorganisation would be permitted during President’s rule. A new Article 3A would bar the creation of new union territories and require periodic referendums every 10 years for existing ones, except Delhi.

Language policy overhaul

Language reform occupies a central role. The report states: “India must abandon the ‘One Nation, One Language’ illusion.”

The committee proposes:

  • Correcting census classifications of 53 distinct languages and publishing accurate Hindi-speaker data.

  • Expanding the Eighth Schedule (languages) to include all languages with 10 lakh+ speakers and tribal languages with 1 lakh+ speakers, along with English, Pali and Prakrit.

  • Establishing a National Language Commission and abolishing the Special Officer for Linguistic Minorities.

  • Replacing the Three-Language Formula with a bilingual model – English and mother tongue/state language.

  • Amending Article 343 (official language of the Union) to make English the permanent official language.

  • Deleting references to Hindi in Article 345 (official language or languages of a state) and repealing Articles 344 (Commission and Committee of Parliament on official language) and 347 (special provision relating to language spoken by a section of the population of a state).

  • Mandating English as the link language for Union-state communication.

  • Allowing state official languages in High Courts with certified English translations.

  • Mandating responses to representations in the language of the petition, the state’s official language, or English.

  • Amending Article 351 (directive for development of the Hindi language) to promote all Indian languages equally.

  • Permitting unrestricted use of any Indian language in legislatures with real-time translation.

Governor reforms

The committee recommends amending Article 155 (appointment of Governor) to require the President to appoint one of three names approved by a majority of the State Legislative Assembly.

It calls for scrapping the “pleasure” doctrine under Article 156 (term of office of Governor) and fixing a single non-renewable five-year term. Removal would be only through a resolution passed by the State Legislature, with the President bound to act within 14 days.

The report states: “A governor cannot be neutral, impartial, or constitutionally effective while remaining vulnerable to dismissal at the will of the union executive.”

The panel proposes a binding “Instrument of Instructions” via a new Thirteenth Schedule, strict timelines for assent to bills—15 days for assent or return, and 60 days for reservation—and “deemed assent” if no action is taken. Article 176 would be abolished.

Delimitation and representation

The freeze on inter-state seat allocation based on the 1971 Census would be extended until 2126 or until fertility convergence (gradual narrowing of birth-rate differences across Indian states and communities). Lok Sabha strength would remain at 550.

Separate Union and state Delimitation Commissions would be established, with limited judicial review permitted before elections. Scheduled Caste reserved seats would rotate every 10 years.

Rajya Sabha reforms include equal representation of six seats per state, abolition of nominated members, and a constitutional requirement that members be residents and registered voters of the state they represent.

Election reforms

The Election Commission of India (ECI) would handle only Union elections, while State Election Commissions would conduct Assembly and local body polls.

The “One Nation, One Election” proposal (129th Amendment Bill) should be withdrawn. 

Anti-defection laws would be strengthened with a six-year disqualification, deletion of the merger clause, criminalisation of bribery, adjudication by High Courts within 60 days, and treating mass resignations as deemed defections.

The report proposes adding the Right to Vote as a fundamental right, lowering the minimum age for the Rajya Sabha and Legislative Councils to 25, and allowing undertrials and those with pending appeals to vote.

Education and health

Education, including medical education, should be restored to the state list, the report said. Entry 66 would be limited strictly to academic standards. The National Testing Agency would be abolished, Governors relieved as Chancellors, and state control over admissions would be restored. NEET and NTA would be repealed.

In health, the Union should fund at least 80% of centrally sponsored schemes, amend the National Medical Commission Act to ensure permanent state representation, abolish NEET and NExT, and replace the all-India quota with a voluntary inter-state pool.

GST overhaul

The report contends that GST has strained cooperative federalism. It recommends:

  • Reforming GST Council voting to remove Union veto options and increasing quorum to two-thirds.

  • Clarifying that Council recommendations are advisory.

  • Allowing states a ±2% flexibility band for SGST rates.

  • Implementing “One Product, One Rate” based on HSN codes.

  • Instituting an Annual Tax Rate Calendar effective April 1.

  • Rotating Council chairmanship annually.

  • Creating an independent GST Secretariat.

  • Formalising technical committees with 15:2 state-to-Union representation.

  • Establishing an independent GST Dispute Resolution Authority chaired by a retired Supreme Court judge.

  • Keeping petroleum products outside GST until structural defects are addressed.

The report concludes: “A federation that trusts its states… does not weaken sovereignty; it deepens democracy.”

The Tamil Nadu government has indicated that translations of the report into major Indian languages are under preparation and that the Tamil version will be made available online with open access provisions after introduction in the Assembly. 

The committee is the fourth national-level review of Union–state relations, following the Rajamannar Committee, the Sarkaria Commission and the Punchhi Commission.