VidhiAagaz
International Journal ofLaw Management & Humanities
ISSN 2581-5369 · Open access
International Journal ofLaw Management & Humanities
Open accessArticleVol. 3 No. V (2020)pp. 367–371

Article 370 and Indian Asymmetric Federalism – A view through the prism of Basic Structure Doctrine

SH
Sai HasithaPresidency University, Bangalore, India
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Published 16 October 2020 · pp. 367–371 · Vol. 3 No. V (2020)
Abstract

India is a Union of States, this shows that it is federal. Though it is not ideally a federal country, it has certain features incorporated that make it a federal one. Therefore, India is Quasi-federal in nature. Further, it also has asymmetric federal features i.e. the constituting units of a federation have unequal power in the political, fiscal and administrative spheres. The best example for this would be State of Jammu & Kashmir (now Union territory) which is a de jure asymmetrical arrangement in India due to the existence of Article 370 of the Constitution. J&K choose to remain a unit of Indian federation only on the terms and conditions specified in the instrument of accession. The State of J&K has been accorded asymmetric status under Indian federalism because of the peculiar circumstances under which it acceded to the union of India

Keywords
AsymmetricFederalAccessionConstitution

How to cite

Sai Hasitha, Article 370 and Indian Asymmetric Federalism – A view through the prism of Basic Structure Doctrine, 3 Int'l J.L. Mgmt. & Human. 367 (2020).

Cite this article

Sai Hasitha, Article 370 and Indian Asymmetric Federalism – A view through the prism of Basic Structure Doctrine, 3 Int'l J.L. Mgmt. & Human. 367 (2020).
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