Crisis and Response of Indian Federalism-Assessing the Federalism through the Prism of Constitution and Democracy
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Type
Article
Date
2023-09
Journal Title
Indian Journal of Law and Justice
Journal Editor
Bandyopadhyay, Rathin
Journal ISSN
Volume Title
Publisher
University of North Bengal
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96Citation
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
Advisor
Editor
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”
Description
Keywords
Constitution of India, Democracy, Federalism, Secularism, Parliament, Cooperative Federalis, Asymmetrical Federalism
Citation
Accession No
Call No
Book Title
Edition
Volume
ISBN No
Volume Number
14
Issue Number
2
ISSN No
0976-3570
eISSN No
Pages
Pages
144 - 166