Indian Federalism: The Role of Supreme Court

  • Mili Gupta
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  • Mili Gupta

    LLM student at Institute of Law, Nirma University, India

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The requirement for an autonomous body such as the Supreme Court to preserve the fragile balance of governing forces allocated between the centre and the constituent units and to negate any effort by either faction to penetrate the territory entrusted to the other is one of the fundamental characteristics of a federal state. The courts in India, the SC and the HC, have an extremely significant portion to play in establishing and evolving “Indian Federalism”. The courts have commonly appreciated a lot of authenticity according to governments just as common society, particularly in the post–inner crisis era. The administrative organizational equilibrium has gone through a change in outlook as in after the 1980s, and particularly the 1990s, the administrative framework has come to be driven to a great extent by the judiciary, though in the pre- emergency times, it was driven generally by the leader and the lawmaking body. The judiciary have commonly upheld centralistic qualities, yet as of late, there has been a more prominent propensity to ensure the states, at any rate in some significant fields, for example, the authority of the union to assume control over provincial administration under emergency proviso of the Constitution. The SC is penetrating into a new age, disposing of long-standing lawful doctrines to reshape the connection between the provincial and the central government. Judgements of the SC continually reshape the forms of federalism and influence the forces and obligations of the states. The Court is building its own version of devolution, in parallel to developments in the legislative and executive branches of government. This paper offers an analysis of how the Supreme Court protected federalism during the pre and the post emergency era by various judicial judgements.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 3, Page 5623 - 5631


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