...EMERGING CHALLENGES TO THE CONSTITUTION OF INDIA: FEDERAL STRUCTURE -ASHUTOSH SHANKAR INTRODUCTION India i.e. Bharat shall be a Union of States says Art. 1 of the Constitution of India. It is also stipulated in the Constitution that India i.e. Bharat shall be a Union of States and the territories and such other territories as may be acquired. The constitution thus, postulates India as a Union of States and consequently, the existence of the federal structure of governance for this Union of States becomes a basic structure of the Constitution of India. All the provisions made in this Constitution are, therefore, liable to be so interpreted as will protect, if not enhance, and certainly not destroy the basic structure namely federal structure of the Union of India. In this reference, adopting the test of Prof. Wheare wherein he says that “any definition of federal government which failed to include the United States would be thereby condemned as unreal.” Therefore, we need to see the condition prevailing in the U.S., the basic principles of federalism, and then in its light analyze the provisions of our Constitution. THE CONCEPT OF FEDERALISM ‘Federalism’ is one of those good echo words that evoke a positive response toward many concepts as democracy, progress, constitution, etc. The term has been seen to be applied to many successful combinations of unity with diversity, pluralism and cooperation within and among nations. When we elaborate upon the essential...
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