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Article Vol. 3 No. 5 (2020) PP. 367 - 371

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

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Sai Hasitha
Presidency University, Bangalore, India
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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

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International Journal of Law Management and Humanities, Volume 3, Issue 5, Page 367 - 371
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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