The Role of the Supreme Court as an Umpire in Federalism Cases: A Comparison Between India & the US

  • Saloni Singh and Vaibhav Singh Chauhan
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  • Saloni Singh

    Student at UPES, Dehradun, India

  • Vaibhav Singh Chauhan

    LLM Student at Rashtriya Raksha University, Gandhinagar, India

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Federalism has been a point of contention in India for decades. The Indian constitution has been distinguished by both federal and unitary features. Because of the diverse nature of the features of the Indian Constitution, India is referred to as a "federation of its kind." The consolidation of federal policies and the recognition of diversity has contributed to the Indian democracy's uniqueness and dynamism. Judges have attempted to highlight the meaning of federalism and how the nature of federalism has evolved while issuing judgments in various cases. One of the fundamental characteristics of a federal state is the requirement for an autonomous body, such as the Supreme Court, to maintain the fragile balance of governing forces allocated between the centre and the constituent units and to reject any attempt by either faction to penetrate the territory entrusted to the other. The Indian courts, the Supreme Court, and the High Court play a critical role in establishing and evolving "Indian Federalism." This research paper thus comparatively analyses the role of the Supreme Court of India and the USA in light of Federalism and also the difference between Federalism in India to that of the USA.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 363 - 375


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