Federalism, Democracy and Human Rights: A Fresh Look at the Constitution of India

In India, colonial history plays a significant role in the drafting of the constitution. This appears to be true for federalism as well. India although is a torch bearer of federalism in south Asia, however, the Indian constitution itself presents a weak federalism. This could be traced in the colonial past of the state. The freedom fighters have always asserted that individual rights are more significant than group rights. Hence, right of self-determination shall prevail over human rights. It was essential to counter Churchill's idea of human rights over India's freedom. However, this idea continues in post-colonial states as well and can be found in Indian federalism. The Indian union is quite cautious over the power it gives to the state and leaves no opportunity to limit those powers. It leads to violation of human rights and democracy. The states power is so restricted that they cannot even adopt rules and principles of international law which may enhance the dignity and human rights of the individual. The union runs the territory of India. Therefore, it may be possible that on occasions it might not be suited to decide complex scenarios faced by a small part of territory. In this paper the author will try to understand how historical events impacted the development of federalism in India and how limited federalism in India restricts the application of power of state to incorporate international human standards. The author shall also make a of federalism in India and America and also analyse how a state and local governments in America can make local law to include international human standards simply by enacting legislation reflecting these norms.