Lecture on "SARFAESI Fons Juris of Federalism and National Patriotism".
Indian Institute of Public Administration (IIPA) J&K Regional Branch today organized a lecture on “SARFAESI Fons Juris of Federalism and National Patriotism” which was attended by members of IIPA and civil society. Prof K.L.Bhatia, Former Professor of Law, National Law University, Jodhpur was the key resource person.
The Supreme Court of India recently handed down a very significant judgment in SAFAESI case that strengthens Centre State Relations. SARFAESI means the Securitization And Reconstruction of Financial Assets And Enforcement Of Security Interest. In light of the recent development Prof. KL Bhatia in his lecture highlighted the SAFAESI Fons Juris of Federalism and national Patriotism: An Analysis of State Bank of India v.
Santosh Gupta, 2016. While introducing the subject Prof. Bhatia talked about the recent path breaking judgment of State Bank of India v. Santosh Gupta 2016 which was decided on December 16, 2016, in which the Apex Court of India has in unequivocal words expressed that the Constitution of India is a mosaic drawn from the experience of nations worldwide. The federal structure of this Constitution is largely reflected in Part XI of the Constitution of India, namely, Legislative powers of Parliament and State Legislatures enumerated in Articles 245-255 read with Union List, State List and Concurrent List of Schedule VII.
He further stressed that the State of Jammu & Kashmir is a part of this federal structure. This case is famously known as SARFAESI. All federal Units (States) of federal India, without exception, are mutually friendly reciprocal to each other and not distant from each other. The case is magnum opus relating to legislative relations between the Union and States in content and context as it re-visits to re-examining the federal structure enjoined in the textual Constitution of India by its Founding Authors on the lines of constitutional patriotism. During his discussion, Prof. Bhatia quoted several cases from the past in support of his argument.
The lecture was organized under the guidance of Sh. J B S Johar, Honorary Secretary, IIPA. The receptive audience posed several queries which were well received and explained by the resource person. Earlier, Dr. Komal Nagar, Joint Director (Seminars), IIPA J&K Regional Branch welcomed the guests and conducted the proceedings of the function. Sh. Chander Gulati presented a formal vote of thanks.