ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Articles by Rekha SaxenaSubscribe to Rekha Saxena

Constitutional Asymmetry in Indian Federalism

The Indian federal structure is largely symmetric albeit with some asymmetric features. An attempt is made to locate union territories as a distinct unit of the Indian federation in the context of asymmetrical federalism, and their status is examined through the principle of weighted and differentiated equality in India. There has been an attempt to accommodate diversity in India through asymmetrical provision of power sharing between states. The establishment of union territories has also followed this principle of asymmetry—justified by their unique context and origin—as seen in the distinctive powers of the union territories of Delhi, Chandigarh, Puducherry, and Jammu and Kashmir.

Is India a Case of Asymmetrical Federalism?

The Indian case of federalism has "postmodern potential" in the manner in which it has de facto and de jure asymmetries in its construction. Normatively, some of the asymmetries have served it well against opinion that these could lead to secessionism.

Treaty-Making Powers: A Case for 'Federalisation and 'Parliamentarisation'

Rapid globalisation and liberalisation have led the union government to sign several international treaties with little or no consultation with the states. Conflicts arise when the interests of the centre differ from those of the states. Though treaty-making power lies with the centre, it needs to consult the states before signing agreements that affect state jurisdiction under the Constitution. Moreover, the process of consultation needs to be institutionalised in the federal polity.
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