Crisis and Response of Indian Federalism-Assessing the Federalism through the Prism of Constitution and Democracy

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Article

Date

2023-09

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Indian Journal of Law and Justice

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Bandyopadhyay, Rathin

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University of North Bengal

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Nagarwal, N. (2023). Crisis and Response of Indian Federalism-Assessing the Federalism through the Prism of Constitution and Democracy. Indian Journal of Law and Justice, 14(2), 144–166. https://ir.nbu.ac.in/handle/123456789/5066

Authors

Nagarwal, Narender

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Abstract

research paper investigates the profound claim of India as nation having cooperative federalism. The most striking feature of Indian federalism is the concentration of power at the central level as well as the decentralization of certain powers to provincial units. Nehru envisioned a cooperative federalism for India's government structure, which postulates a multifaceted mechanism to maintain its territorial integrity as well as its democratic and plural character. The federal arrangement is constitutionally protected, and certain subjects, areas, and residuary powers are predominated by the union. The contentious issue of present discourse is whether India’s cooperative federalism exists or lost its distinctiveness. The main task of this research paper is to examine how the politics has endangered the core tenets of Indian federalism thereby pushed the nation into totalitarian or majoritarian state. The massive abuse of the authorities, institutions and repeated dents to fiscal federalism are the area of concern. The main political battle is not about who is supreme-central government or regional government but whether Nehruvian model of cooperative federalism will survive or not. The regional government have been struggling to have equitable share in the resources, finance, and legislations. Many regional governments have steadily outspoken on the subject of undermining their power and central government authoritarianism. The tribulation journey of Indian federalism from cooperative to confrontationist poses serious questions about the future of Indian federalism and what would be the future of many territories, states, and centrally administered regions in India if this confrontationist approach continues. The primary base of the present research is to critically examine the political development of last few years and how these events have undermined the constitutional ethos apart from crisis of federalism”

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Constitution of India, Democracy, Federalism, Secularism, Parliament, Cooperative Federalis, Asymmetrical Federalism

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14

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2

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0976-3570

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144 - 166

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