Asymmetry is not only an important characteristic of federalism in India, it has also helped in the accommodation of diverse demands inherent in our democracy. Discuss.
Main Body
Democracy generally advocates for equality in federal structure. But, due to the diverse nature and historical context in which India emerged independent required special federalism and asymmetry is one such characteristic. Asymmetry in between States: (1) Originally Jammu & Kashmir was granted special status - right to form own constitution & its laws - dissolved by revoking Article 370. Reasons for Special Status initially: Instrument of Accession signed with conditions that only defence, communication & external affairs will be give to government of India - Peculiar to J&K accession to India - Thus to accomodate the distinct conditions granted special status.
Fifth Schedule - Scheduled areas and Scheduled Tribes have special administration and control. Governor has final say. Formation of Tribal Advisory Council. Reason - Better protection to tribal areas. Sixth Schedule - Assam, Meghalaya, Tripura and Mizoram scheduled area and tribes are also given special protection. Ensure better safety net and protect their rights. Asymmetry in Union Territory - Only Delhi & Puducherry have legislative council others directly by President. Reason: - Other territories too small to have council. - Better Administration. - Reduce cost, enhance efficiency. Thus, we saw various ways in which our constitution accommodated demands of various territories to the best efficiency. India is a diverse and large nation with varied demands and a asymmetric federalism has survived test of time - 75 yrs since Independence.
— Surabhi Yadav · AIR 14
Surabhi Yadav
Federal Structure - Functions, Responsibilities, Devolution of Powers and Finances
Federalism
Asymmetry in Indian federalism
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analytical
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