States should foster the spirit of constitutionalism: SC judge

States should keep the Indian federal structure healthy and transact constitutional powers on a proper track to foster the federal spirit, Justice Shiva Kirti Singh said today while concurring with other four judges on the Satluj-Yamuna Canal verdict.
The advisory verdict held as unconstitutional terminating the water sharing agreement with neighbhouring states.
"I am tempted by the facts and nature of controversy involved in this Reference to remind all the stakeholders interested in the healthy upkeep of Indian constitutional set-up, and particularly the States which form part of the Indian federal structure, of the peculiar and essential features of our federal set-up.

"Awareness of these features is essential to keep the system healthy and transact constitutional powers - legislative, executive and judicial on proper tracks to foster the spirit of constitutionalism," he said.
Justice Singh said that delay in execution of final judgement or decree, and that too of the apex court, should never be "countenanced by any authority because it would surely tend to undermine people's faith in the judicial system of the country, entailing in turn avoidable harm to all the institutions and functionaries under the Constitution, may be even to the Constitution itself".
He said the Supreme Court is "undoubtedly the apex court in the hierarchy with amalgam of ultimate powers over decisions of all courts - civil, criminal, revenue and quasi-judicial tribunals".

The judge said the apex court's powers and duties are enormous not only on the appellate side but under Article 32 of the Constitution and other original jurisdictions such as Constitutional References and also original suits where the disputes may be between the states or between union and states.