LL.M Student at ICFAI Law School, The ICFAI University, Dehradun, India
Associate Professor at ICFAI Law School, The ICFAI University, Dehradun, India
Federalism is a mechanism as well as a political system wherein powers are divided between a central authority and regional or state governments. This system of government allows for a balance of power and promotes local autonomy while maintaining a unified nation. It provides a mechanism for states to make their own laws and policies, enabling experimentation and innovation at the local level. Federalism allows for diversity and cultural pluralism within a nation, giving different regions the flexibility to preserve and promote their own traditions, customs, and languages. This research provides a concise overview of a study on the judicial lens on federalism, specifically focusing on the Supreme Court of India. The objective of this study is to explore how the Supreme Court of India has interpreted and applied federalism principles in its jurisprudence. The paper also finds that the Supreme Court of India has played a pivotal role in shaping the federal structure of the country. The Court has emphasized the principles of cooperative federalism, while also safeguarding the constitutional autonomy of states within the framework of a strong central government. It has consistently upheld the concept of federalism as a basic feature of the Indian Constitution, ensuring a delicate balance between the interests of the center and the states. Furthermore, the study uncovers that the Supreme Court’s decisions have had a significant impact on the federal dynamics between the central government and the states. The Court has acted as a check on excessive centralization, striking down laws and actions that encroach upon the powers of the states. Through its expansive interpretation of fundamental rights and principles of distributive justice, the Court has also played a crucial role in addressing the concerns of marginalized communities and promoting social justice within the federal structure.
Research Paper
International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 3868 - 3877
DOI: https://doij.org/10.10000/IJLMH.117454This 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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