The Supreme Court of India has upheld unique asymmetry in India's federalism by intricately balancing centralized authority and regional autonomy. Discuss with the help of relevant case laws. (Answer in 150 words)
Main Body
The Supreme Court has upheld federalism as basic feature of Constitution which is a unique blend of federalism and unitary nature (SR Bommai Case,1994)
Unique Asymmetry → Centre has more power but not all in any Constitution → Ensure only some powers state can be under power (Coalescing division - Part VII)
Balancing Centralized Authority
Upheld Emergency Provisions: on constitutional and within legitimate power of Union (Mners Mills case)
Promoted Union Supremacy: by ensuring higher powers of Centre upheld.
Power to give direction to state for facilitating (Art. 256)
Upheld Regional Autonomy
Upheld State Right: which are independent in supreme in own sphere (UWBV, Utkray)
No Ambig Dismissal: of state govt under Art.356 to ensure no misuse (Rameshwar Prasad case)
Ambivalency in Central Action: liable to be set aside (Rajendra Shah case)
Supreme Court has ensured cooperative federalism in India by balancing rights of Union & Regional States (Prof. Upendra Baxi, Shankarkar Hari commission)
— ADITYA MATHOR · AIR 98
- Clear case law references
- Structured approach to federalism
- Distinction between power distribution
- Addresses regional autonomy explicitly
- Multiple case law citations
- Discusses cooperative federalism
ADITYA MATHOR
Functions and Responsibilities of the Union and the States, Issues and Challenges Pertaining to the Federal Structure
Federalism and Center-State Relations
Supreme Court's role in balancing centralized and regional autonomy
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