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Journal articles on the topic 'Indian Constitution States'

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Published: 7 June 2025

Last updated: 2 August 2025

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1

Ball, Milner S. "Constitution, Court, Indian Tribes." American Bar Foundation Research Journal 12, no. 1 (1987): 1–140. http://dx.doi.org/10.1111/j.1747-4469.1987.tb00531.x.

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We claim that the “constitution, and the laws of the United States which shall be made in pursuance thereof… shall be the supreme law of the land.” But we also claim to recognize the sovereignty of Native American nations, the original occupants of the land. These claims—one to jurisdictional monopoly, the other to jurisdictional multiplicity— are irreconcilable. Two hundred years have produced no resolution of the contradiction except at the expense of the tribes and the loss to non-Indians of the Indians' gift of their diflerence. This article explores the bearing of American constitutional

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2

Singh, Chauhan Kriti, and Arryan Mohanty. "COOPERATIVE FEDERALISM: THE INDIAN WAY." Indian Journal of Law and Society II, no. 6 (2024): 42–62. https://doi.org/10.5281/zenodo.14285144.

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ABSTRACTIndia takes tremendous satisfaction in calling itself the world's largest democracy. However, this democracy is crucial since it is embedded in a federal system. While democracy reflects the majority view, federalism accommodates and connects it to the voice of the minority, adding a sense of social fairness. This guarantees that the entire system runs smoothly and efficiently. Our country’s diversity and pluralism gave our constitution a federal veneer while maintaining a unitary character. For the efficient running of federalism in India, emphasis is being placed on cooperative

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Dießelberg, Paul, and Sidra Yousaf. "Towards a Postcolonial Theory of Constitutional Patriotism for the Marginalized: The Case of the Indian Constitution and Kashmir." Verfassung in Recht und Übersee 56, no. 4 (2023): 706–32. http://dx.doi.org/10.5771/0506-7286-2023-4-706.

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Constitutional patriotism is a concept that developed as a political theory in the German postwar period, in which instead of the nation and the formal mentioning of a common ethnic identity, the state in the form of a plural and liberal constitution, with the universal promise of equality and human dignity becomes the benchmark for societal identification. Although it has been loosely applied to Western civilizations throughout the past decades, constitutional patriotism especially experiences a renaissance in postcolonial societies today, where pluralist constitutional values often clash wit

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Okon, Emmanuel E. "The Environmental Perspective in the 1999 Nigerian Constitution." Environmental Law Review 5, no. 4 (2003): 256–78. http://dx.doi.org/10.1177/146145290300500403.

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Environmental degradation is bound to increase as long as human population increases and new technologies are invented. In order to arrest the problems of environmental degradation, a number of approaches have been adopted. Among such approaches are the integration of environmental protection policies into development programmes, enactment of comprehensive legislation on all segments of environment and the inclusion of environmental provisions in the constitutions of most countries. Unfortunately, while some countries make their constitutional provisions on environment enforceable, others do n

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Sonkhothang, Haokip. "Exploring Tribal Communities: Insights from Manipur and Neighbouring States." Social Science Journal for Advanced Research 5, no. 3 (2025): 14–22. https://doi.org/10.5281/zenodo.15535232.

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This paper critically analyses the Scheduled Tribes (ST) community in Manipur, contextualized within the broader framework of ST issues in India. The recognition of STs in India emerged in 1950, addressing centuries of historical prejudice, socioeconomic exploitation, and isolation. The Indian Constitution categorizes the population into five groups, with the ST category in Manipur being one of them. In Manipur, tribals face economic, social, and political disadvantages, prompting their listing as ST under Part X of the Constitutional ST Order, 1950. This article examines the characteristics o

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Shairgojri, Aadil Ahmad, and Showkat Ahmad Dar. "Voices from India’s Borderlands against the Citizenship Amendment Act (CAA-2019) An Explanatory study." Journal of Image Processing and Intelligent Remote Sensing, no. 25 (August 1, 2022): 8–18. http://dx.doi.org/10.55529/jipirs.25.8.18.

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India is the largest populous democracy in the world, however there are many others? India has conducted itself as a responsible democracy ever since it gained its freedom. The world community has concurred on this as well. It has proven capable of adjusting to a variety of difficult situations. In order to revise India's Constitution, it is necessary to change the fundamental or ultimate law of the nation. Article 368 of Part XX (the Constitution's governing provision) governs constitutional amendments in India. With the help of this mechanism, the Indian Parliament's arbitrary power is const

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Dar, Showkat Ahmad, and Aadil Ahmad Shairgojri. "Voices from India’s Borderlands against the Citizenship Amendment Act (CAA-2019) An Explanatory study." Journal of Language and Linguistics in Society, no. 21 (January 24, 2022): 18–27. http://dx.doi.org/10.55529/jlls.21.18.27.

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India is the largest populous democracy in the world, however there are many others. India has conducted itself as a responsible democracy ever since it gained its freedom. The world community has concurred on this as well. It has proven capable of adjusting to a variety of difficult situations. In order to revise India's Constitution, it is necessary to change the fundamental or ultimate law of the nation. Article 368 of Part XX (the Constitution's governing provision) governs constitutional amendments in India. With the help of this mechanism, the Indian Parliament's arbitrary power is const

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Shairgojri, Aadil Ahmad, and Showkat Ahmad Dar. "Voices from India’s Borderlands against the Citizenship Amendment Act (CAA-2019) An Explanatory study." Journal of Psychology and Political Science, no. 12 (November 27, 2021): 24–34. http://dx.doi.org/10.55529/jpps.12.24.34.

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India is the largest populous democracy in the world, however there are many others. India has conducted itself as a responsible democracy ever since it gained its freedom. The world community has concurred on this as well. It has proven capable of adjusting to a variety of difficult situations. In order to revise India's Constitution, it is necessary to change the fundamental or ultimate law of the nation. Article 368 of Part XX (the Constitution's governing provision) governs constitutional amendments in India. With the help of this mechanism, the Indian Parliament's arbitrary power is const

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9

Dr. Karim Haider Syed and Dr. Imran Khan. "Articles 370 and 371 of the Indian Constitution in the Context of Kashmir." sjesr 4, no. 1 (2021): 286–94. http://dx.doi.org/10.36902/sjesr-vol4-iss1-2021(286-294).

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Occupied Jammu and Kashmir is not the only state in the Indian constitution with special status but in addition to Article 370, there is also an Article 371 in the Indian Constitution which has 10 sub-clauses that give special status to other 9 states and territories. The nature of relations of these states is explained in these clauses of article 371 which is very helpful to understand article 370 of the Indian constitution. As far as Kashmir and Article 370 are concerned, the Indian government of Narendra Modi has axed the Indian position itself as all other states with constitutional guaran

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Gadhave, Asmita Subhash. "A Comparative Study on separation of power in India, UK and USA Constitution." International Scientific Journal of Engineering and Management 03, no. 03 (2024): 1–9. http://dx.doi.org/10.55041/isjem01405.

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India has its written Constitution, it is said to be lengthy. It is a Holy text to the Citizens of India. The Constitution entails Fundamental Rights and Fundamental Duties in Part III and Part IV respectively. The Constitution has recognized the separation of powers as part of it. 'Separation of Powers' is a basic principle where powers and responsibilities are divided among the executive, legislative and judicial branches. The study takes a multidimensional approach, taking into account institutional, political, historical, and legal aspects. The author attempted to analyze the doctrine of S

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Idiculla, Mathew. "Unpacking Local Self-Government: The Uncertain Power of Cities in the Indian Constitution." Verfassung in Recht und Übersee 53, no. 1 (2020): 30–50. http://dx.doi.org/10.5771/0506-7286-2020-1-30.

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While cities are increasingly becoming powerful economic and political units, legal scholars have paid inadequate attention to the role of local governments in the constitutional division of powers. This paper examines the legal authority of city governments in India’s constitutional architecture and analyses the nature and extent of powers exercised by them. While globally city governments seldom derive their powers directly from the Constitution, in India the passage of the 74th Amendment has ensured that they have a definite space in its Constitution. Despite constitutional entrenchment, ur

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Jagtiani, Palak. "Fiscal and Cooperative Federalism Under The Indian Constitution." GLS Law Journal 1, no. 1 (2019): 57–82. http://dx.doi.org/10.69974/glslawjournal.v1i1.6.

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With the advent of Goods and Services Tax in July 2017, which was a much awaited step of the government. The sudden acceptance and approval in the parliament was a debatable issue back then. The advent of GST and the method of imposition was one of the issues that the public at large faced. Having said the, erasing double taxation was one of the key takeaways of GST. However, amidst the pros and cons of Goods and Services a major impact that was observed was on the financial autonomy of the States. This directly impacted the key fiscal relations between the State and Centre. The author has div

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Pearl, Yadav. "THE POWER STRUGGLE BETWEEN THE CENTRE AND THE STATES: THE EXAMINATION OF EMERGENCY PROVISION (ARTICLE 356)." Indian Politics & Law Review 6 (July 12, 2021): 233–42. https://doi.org/10.5281/zenodo.5101099.

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This research paper has been written with the aim to examine the emergency provision imposed on states under Article 356 of the Indian Constitution, also known as the President’s rule. The examination of the provision will be done through the route of understanding the genesis and the concept of the federal structure of the Indian state and then proceeding on to the brief description of the distribution of power between the Centre and the States. After the basic understanding of the Indian federal structure, the emergency provisions mentioned in the Indian Constitution will be discussed

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Dr. Ram Charan Meena. "International Treaties And Law Of Environment In India: An Overview." Research Ambition: An International Multidisciplinary e-Journal 6, no. II (2021): 27–35. http://dx.doi.org/10.53724/ambition/v6n2.05.

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To address environmental issues that India and other countries face, it is essential and very important to commence action at all levels like global, regional, national, local, and community. It is not adequate to have international agreements, treaties and instruments on environmental issues and various problems but completion, implementation and enforcement of these policies and agreements to a large extent determine their impact and effectiveness. In the last few decades, there has been an increasing concern and consciousness about the need to protect the environment, nationally and interna

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Jain, Shilpa, Ankit Srivastava, and Aditi Richa Tiwary. "Revisiting India’s Amended Citizenship Act 2019 in Light of Constitutional Ethos." Lentera Hukum 9, no. 2 (2022): 303. http://dx.doi.org/10.19184/ejlh.v9i2.28430.

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The Citizenship Amendment Act 2019 and the National Register of Citizens in India are perceived as reflective of a religious classification in grant and continuance of Indian citizenship. The study aimed to discuss the future effects of the amended Citizenship Act 2019 and suggest alternatives to accommodate India's constitutional ethos. A considerable fraction of the Indian citizenry was discorded with this Act because Article 14 of the Indian Constitution prohibits discrimination based on religion, among other grounds. On the other hand, the state's stance asserted that the law aims to prote

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Crepelle, Adam. "White Tape and Indian Wards: Removing the Federal Bureaucracy to Empower Tribal Economies and Self-Government." University of Michigan Journal of Law Reform, no. 54.3 (2021): 563. http://dx.doi.org/10.36646/mjlr.54.3.white.

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American Indians have the highest poverty rate in the United States, and dire poverty ensnares many reservations. With no private sector and abysmal infrastructure, reservations are frequently likened to third-world countries. Present-day Indian poverty is a direct consequence of present-day federal Indian law and policy. Two-hundred-year-old laws premised on Indian incompetency remain a part of the U.S. legal system; accordingly, Indian country is bound by heaps of federal regulations that apply nowhere else in the United States. The federal regulatory structure impedes tribal economic develo

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Rai, Ravi Kumar. "PROTECTION AGAINST SELF-INCRIMINATION AS A FUNDAMENTAL RIGHT IN INDIA." Dogo Rangsang Research Journal 12, no. 09 (2022): 77–81. http://dx.doi.org/10.36893/drsr.2022.v12i09n03.77-81.

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The Latin adage "Nemon tenetur seipsum accusare"—which translates to "No man is required to accuse himself"—is the earliest example of the right against self-incrimination in mediaeval Roman Catholic law. Through objections against the inquisitorial and blatantly unfair techniques employed to question suspects in the mediaeval times in England, the right gradually developed in common law. One of the cornerstones of the British System of Criminal Law was "no person shall be compelled in any case to be a witness against himself," which the United States of America adopted and included in their C

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Sindhu, Jahnavi, and Vikram Aditya Narayan. "Reasonable Classification versus Equality under the Indian Constitution." National Law School Journal 17, no. 2 (2023): 1–64. https://doi.org/10.55496/sqgo9575.

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This article critiques the standard of review most prominently applied in cases involving claims of violations of Article 14 of the Constitution: the reasonable classification test. We argue that this test is woefully inadequate in appreciating and protecting the wide-ranging nature of the right to equality. Through an examination of the origins of the reasonable classification test, we demonstrate the weak justifications initially advanced by the Indian judiciary to import it from dated United States (US) case law. Further, we highlight the substantial weaknesses of the test and explain how i

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KhanV, Sikandar, Haji Ur Rahman, and Shagufta Shah. "An Examination of the Conceptual Framework around the Constitutional Abolition of Article 370 in the Indian Constitution and its Socio-Political Consequences for Pakistan." Global Sociological Review IX, no. II (2024): 65–79. http://dx.doi.org/10.31703/gsr.2024(ix-ii).07.

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Over the state of Jammu and Kashmir, India and Pakistan have been at enmity since the subcontinent was divided into two distinct states. Prime Minister Nehru reiterated the statement, ensuring that the people of Kashmir would depart immediately if they desired an Indian departure. The region's provisional agreement with India's main territory was subsequently guaranteed by Articles 370 and 35-A of the Indian Constitution. In this study, the consequences and impact of India's annulment of Article 370 on Pakistan are evaluated. The research study takes a qualitative approach, focusing primarily

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Miller, Robert J. "American Indian Influence on the United States Constitution and Its Framers." American Indian Law Review 18, no. 1 (1993): 133. http://dx.doi.org/10.2307/20068736.

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PANDEY, SHIVAM, and MADHAV SHARMA. "CENTER-STATE RELATION AND FUNDAMENTAL RIGHTS' POSITION DURING EMERGENCY IN INDIA." LEX SCRIPTA MAGAZINE OF LAW AND POLICY 01, no. 04 (2023): 1–20. https://doi.org/10.5281/zenodo.10225262.

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The three dangers completed activity under the capacities given in A. 352 were innately genuine. Due to the smoothly done formulated point of 'within disturbances' in the item, officeholders have existed capable to exploit and abuse the honor of their help, commission, and ownership . After the release of the danger, risk about allure genuineness and safeguards were deal with apiece Legislature and Judiciary. But the Legislature abandoned to take some conduct against the abusers on account of allure function; Judiciary keep not take some operation on account of the omission of a able court. Gr

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Satapathy, Ramakanta, and Bikram Kumar Das. "RIGHT TO HEALTH IN INDIA." International Multidisciplinary Research Journal 6 (May 27, 2016): 6. http://dx.doi.org/10.19071/imrj.2016.v6.3038.

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<p>Right to health is recognized by the constitution of India. The Constitution of World Health Organization states that, “Health is a State of Complete physical, mental and social well being and not merely the absence of diseases or infirmity.” Right to health presupposes that, “ it is the duty of the State to raise the level of nutrition and standard of living of the people for good health. The apex court of India declared that Right to health is a fundamental right coming within Article 21 of the Indian Constitution. Right to health and health care needs multi-disciplinary services to

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Ram Mohan, M. P., and Shashi Kant Yadav. "The Oil and Gas Sector in India: Balancing Business Policies and Public Interest by the Supreme Court of India." Global Energy Law and Sustainability 2, no. 1 (2021): 1–21. http://dx.doi.org/10.3366/gels.2021.0045.

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Indian authorities have formulated and implemented several policies for exploration, production, refining, transportation, and distribution of its Oil & Gas (O&G) resources. With respect to governance of O&G industry, though, the Indian Constitution envisions larger role of Central government, however, the legislative power, over O&G resources, has been in contention between Centre and States over the past seven decades. Moreover, the legislative power of the central government over O&G resources is subject to ‘public interest’ ensuring that the resources are regulated for

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Santosh, S. Ghorpade. "Contribution of Dr B.R. Ambedkar in the Making of Indian Constitution." AKSHARASURYA JOURNAL 06, no. 05 (2025): 314 to 322. https://doi.org/10.5281/zenodo.15504912.

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Dr. B.R. Ambedkar, revered as the architect of the Indian Constitution, played a pivotal role in shaping the legal and social foundations of modern India. Drawing from various Western constitutions, he skilfully modified their principles to suit the complex social fabric of Indian society. His vision emphasized the need for a strong Centre to maintain unity and integrity in a diverse nation. He advocated for single citizenship to promote a sense of national identity and endorsed English as a link language to bridge linguistic divides. While supporting the formation of linguistic states, he ens

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Brar, Dr Sumeet Pal Singh. "Article 360 of Indian Constitution – An Analysis." International Journal for Research in Applied Science and Engineering Technology 11, no. 1 (2023): 1842–48. http://dx.doi.org/10.22214/ijraset.2023.48897.

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Abstract: The thought of emergency has passed into political hypothesis. The basic idea, to make specific emergency provisions in the Constitution, was to protect against unintended emergence of autocracy as a result of internal disorder, external attack or battle. In the Indian Constitution, there is a separate part present for the emergency provisions. Part XVIII, therefore, is a component of innovation in our Constitution. The provisions of Financial Emergency are enshrined under Article 360 of the Constitution. This provision provides a safeguard for the Union Government if any threat exis

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Natarajan, Aishwarya. "Democratization of Foreign Policy: India’s Experience with Paradiplomacy." Law and Development Review 12, no. 3 (2019): 797–818. http://dx.doi.org/10.1515/ldr-2019-0044.

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Abstract Since the economic reforms of the 1990s, Indian states have largely contributed to India’s foreign policy decision-making in two critical areas, namely, economic diplomacy and influencing India’s foreign policy with its neighbours. Given India’s growing importance in the world arena, one would assume that Indian states will continue to have an increased role in its foreign policy decisions. However, the Indian Constitution was framed with the idea of a strong union government and the power to drive foreign policy initiatives continues to remain under the exclusive purview of the union

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Jadhav, Dhanaji Mukund Rao, Aiswarya Krishnan, and Devi S. Vijay. "Constitutional and Political Intricacies Involved in Abrogation of Article 370." Revista Gestão Inovação e Tecnologias 11, no. 4 (2021): 5306–23. http://dx.doi.org/10.47059/revistageintec.v11i4.2563.

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Original Article 370 of the Indian Constitution is temporary, transitional. Special Provision of the State of J&K, This provision grants J&K an autonomous status. In contrast, Article 35A is incorporated into the constitution in 1954, grants special rights and privileges to state citizens. Since its inception, Article 370 has been considered a controversial provision in the constitution. It has been politicized in one or another way. The abrogation of Article 370 cannot be viewed in isolation, as it has proximity with historical, political, and constitutional dimensions. The abrogation

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Goel, Sankalp. "A Comparative Analysis of the: Bill of Rights {USA} & Fundamental Rights {India}." International Journal for Research in Applied Science and Engineering Technology 13, no. 4 (2025): 3788–93. https://doi.org/10.22214/ijraset.2025.69078.

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Abstract: The Bill of Rights in the United States and the Fundamental Rights enshrined in the Indian Constitution serve as the cornerstone of civil liberties in their nations. While both frameworks aim to safeguard individual freedoms and ensure democratic governance, they somewhat differ in scope, implementation, and constitutional interpretation. This paper explores their similarities and distinctions by analyzing their historical evolution, legal framework, judicial interpretations, and impact on governance and society, as most people believe that they are the same. So, is the Bill of Right

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Joshee, Reva. "Educational Equity in Schools in India: Perils & Possibilities." Daedalus 153, no. 4 (2024): 252–66. http://dx.doi.org/10.1162/daed_a_02114.

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Abstract India is one of the most diverse nation-states in the world. After gaining independence from Britain in 1947, it adopted a constitution that was based on pluralism, secularism, and egalitarianism. This constitutional vision guided the national education policies until very recently. The current moment in all areas of public policy is being defined by the ruling party's agenda of Hindutva, or Hindu nationalism. In education, the hallmarks of this move have been a rewriting of history to glorify a mythohistoric version of the Hindu past and a call to engage with ancient Indian knowledge

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Porter, Paul. "A Tale of Conflicting Sovereignties: The Case Against Tribal Sovereign Immunity and Federal Preemption Doctrines Preventing States' Enforcement of Campaign Contribution Regulations on Indian Tribes." University of Michigan Journal of Law Reform, no. 40.1 (2006): 191. http://dx.doi.org/10.36646/mjlr.40.1.tale.

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This Note will discuss whether Indian tribes can assert tribal sovereign immunity to avoid compliance with state campaign finance regulation and whether such regulations should be preempted by federal law. Tribal sovereign immunity is not an enshrined constitutional imperative; it exists only under federal common law and can be limited by the courts from blocking state suits to enforce campaign finance regulations against tribes. This Note will also argue that state campaign finance regulations should not be preempted by federal law because states have a compelling interest in protecting their

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Singh, Sahibpreet, and Lalita Devi. "Legal Framework, Challenges and Constitutional Implications in Aviation." International Journal of Creative Research Thoughts 11, no. 11 (2023): a792—a805. https://doi.org/10.5281/zenodo.12212658.

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This research provides a whole picture of the legal framework that governs aviation, emerging challenges in unruly passengers and also the constitutional implications arising within Indian Aviation context. Aviation legal structure includes international agreements such as Warsaw Convention, Hague Convention, Chicago Convention, Montreal Convention and Cape Town Convention, and bilateral treaties that regulate air transport services. Also, paper points out need for zero-tolerance policy towards unruly passengers in line with ICAO’s standards and guidance on prevention and de-escalation o

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Priydarshi, Ashok Kumar. "Evaluation and Recognition of Indian English." Journal of Advanced Research in English and Education 06, no. 02 (2021): 5–9. http://dx.doi.org/10.24321/2456.4370.202102.

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Indian English (IE) is a variety of the English language spoken in India and among the Indian diaspora elsewhere in the world. English is used by the Indian government for communication as a supplement to Hindi, the country’s “official language of the Union” enshrined in the Constitution. English is an official language of 7 states and 5 Union Territories and also an additional official language of the Judiciary of India, unless a state Governor or legislator mandates the use of regional language, or the President has given approval for the use of regional languages in courts.

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Priydarshi, Ashok Kumar. "Evaluation and Recognition of Indian English." Journal of Advanced Research in English and Education 06, no. 02 (2021): 5–9. http://dx.doi.org/10.24321/2456.4370.202102.

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Indian English (IE) is a variety of the English language spoken in India and among the Indian diaspora elsewhere in the world. English is used by the Indian government for communication as a supplement to Hindi, the country’s “official language of the Union” enshrined in the Constitution. English is an official language of 7 states and 5 Union Territories and also an additional official language of the Judiciary of India, unless a state Governor or legislator mandates the use of regional language, or the President has given approval for the use of regional languages in courts.

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Priydarshi, Ashok Kumar. "Evaluation and Recognition of Indian English." Journal of Advanced Research in English and Education 06, no. 02 (2021): 5–9. http://dx.doi.org/10.24321/2456.4370.202102.

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Indian English (IE) is a variety of the English language spoken in India and among the Indian diaspora elsewhere in the world. English is used by the Indian government for communication as a supplement to Hindi, the country’s “official language of the Union” enshrined in the Constitution. English is an official language of 7 states and 5 Union Territories and also an additional official language of the Judiciary of India, unless a state Governor or legislator mandates the use of regional language, or the President has given approval for the use of regional languages in courts.

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Pankaj, Ashok. "Discretionary Powers of Governor—III: An Interpretation from Federal Perspective." Indian Journal of Public Administration 64, no. 1 (2018): 49–72. http://dx.doi.org/10.1177/0019556117735447.

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This article examines the scope of discretionary powers of governor of a state in India from federal perspective and argues that they are against the principle of ‘cabinet responsibility’, an essential feature of parliamentary form of government that India intertwined with the federal constitution. These apparent anachronistic constitutional provisions were inherited from the Government of India Act, 1935, and retained with some modifications in the Constitution of Independent India as an institutional safeguard for the unity and integrity of Union of India that was formed by the merger of mor

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Bitoliya, Shruti. "Article 365 of the Indian Constitution: Boon or a Curse for the Federal Setup?" Eudaimonia 6, no. 2 (2022): 37–54. http://dx.doi.org/10.51204/ivrs_22202a.

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The Constitution of India follows a federal setup. There are clearly elaborated roles, when it comes to the legislative powers of the Central and state governments, which have been stated in the seventh schedule of the Constitution. Article 356 is a device through which, in exceptional and emergency circumstances, the Central government can take over the legislative and executive roles of a state government for a limited time. In India, there exists a multi-party system and there are different parties in states and center. The abuse of Article 356 by the political party at the center is not a

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Dwivedi, Richa, and Abhinav Shrivastava. "Article 282 and Centrally Sponsored Schemes: Implications on Fiscal Federalism in India." YMER Digital 21, no. 01 (2022): 350–60. http://dx.doi.org/10.37896/ymer21.01/33.

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India is a quasi-federal country which implies that on one hand when the States require autonomy and flexibility in working, on other hand it also required an interdependence between the Centre and the state, thereby giving birth to the idea of cooperative federalism. The constitution of India has clearly given a framework demarcating the power, functions and responsibilities of each level of government and there are a few provisions which aim at cooperative federalism. Article 282 of the Indian Constitution is one such provision which empowers both the Centre as well as the State to provide g

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Ramesh Kumar and Dr. Janardan Kumar Tiwari. "A Study of Judicial Responses relating to Human Rights in India." Legal Research Development: An International Refereed e-Journal 4, no. 1 (2019): 14–20. http://dx.doi.org/10.53724/lrd/v4n1.06.

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India is one of the largest democratic & sovereign countries in the world in which the Indian judiciary is also the integral foundation & structural pillar along with its unification & independency in the democratic system. Indian judiciary has the responsibility to deliver the fair & satisfactory justice to the people concerned in according to the provisions of Constitution of India as a protector of human rights which have been guaranteed as justiciable fundamental rights under Indian Constitutional Law by way of judicial responses but the Indian judiciary & judicial resp

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PURVA GUPTA, BINDU JINDAL. "STATE GST COMPENSATION: STATES OR UNION OBLIGATION." Russian Law Journal 11, no. 2 (2023): 420–32. http://dx.doi.org/10.52783/rlj.v11i2.1623.

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In the fiscal year 2020-21, the Central government of India originally refused to pay the states for genuine and false GST revenue losses. While state governments raced to garner support for their legal and financial arguments for their requests, the Centre recited situational necessity and the want of any responsibilities as justifications for its rejection. It provided the states with two compensation alternatives, both of which included borrowing. The Centre, on the other hand, had pledged the opposite, as shown by GST Council sessions and the 101st Statutory Modification Act. The vow inclu

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THANKAPPANNAIR, AJAYAN. "Evolution of Federalism in Modern India." In Gremium. Studies in History, Culture and Politics, no. 17 (March 28, 2024): 121–51. http://dx.doi.org/10.61826/ig.vi17.438.

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Federalism existed in ancient and medieval India in different forms. Immediately after the acquisition of power by the British, the colonial master began to centralize powers into the hands of the supreme government at Calcutta. The centralization of power reached its zenith with the enactment of the Charter Act of 1833. It formed one of the main reasons of the rebellion of 1857. Consequent upon which, the British dropped centralization tendency and began to decentralize power with the passage of the Indian Council’s Acts of 1861and 1892 and the Government of India Acts in 1909, 1919 and 1935.

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Cyril Simon. "Building a Robust Federalism in India: Constitutional Provisions, Practical Challenges, and Pathways to Overcome." International Journal of Multidisciplinary Research in Arts, Science and Technology 2, no. 7 (2024): 13–21. http://dx.doi.org/10.61778/ijmrast.v2i7.71.

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This study explores the intricacies of India's federalism, examining both the actual challenges encountered in implementing the system and the legal structure that establishes and governs it. The Indian Constitution aims to establish a balance of authority and responsibility between the central and state governments. It combines unique characteristics of unitary government with federal government. This study looks at the key constitutional provisions and amendments that specify the organizational structure of the federal government, including the division of legislative power, budgetary relati

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Lam, Magdalene. "The "Limited" Assistance of Foreign Jurisprudence: Lessons from India and the United States on Sexuality and Governance." Columbia Journal of Gender and Law 42, no. 2 (2022): 1–50. http://dx.doi.org/10.52214/cjgl.v42i2.9045.

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The most recent Singapore Supreme Court decision of Ong Ming Johnson v Public Prosecutor [2020] SGHC 63 follows a slew of unsuccessful constitutional challenges to Singapore’s anti-sodomy legislation, s377A of the Penal Code. Despite growing domestic activism, there is little hope that the provision will be repealed by a conservative Parliament. The onus is therefore on the Singaporean judiciary to abolish this archaic feature of Singapore’s colonial past, and this Note proposes new strategies for challenging s377A. The failure of past s377A challenges does not foreclose the possibility of fut

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Ramnath, Kalyani. "Histories of Indian Citizenship in the Age of Decolonisation." Itinerario 45, no. 1 (2021): 152–73. http://dx.doi.org/10.1017/s0165115321000115.

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AbstractThis essay discusses the important contributions of three new works on Indian citizenship by Ornit Shani, Uditi Sen, and Oliver Godsmark. Their books discuss the territorial partition of the subcontinent into India and Pakistan in 1947, the framing and inauguration of the Indian Constitution in 1950, the preparation of voter rolls and the first democratic elections, and linguistic reorganisation of Indian states in 1956, alongside questions of refugee rehabilitation, counterinsurgency measures and rising ethnonationalisms. The emphasis is not only on the legal regimes of national citiz

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Immanuel, Andrea Marilyn Pragashini. "The Meaning of ‘Life’ under the Indian Constitution and the Obligation Not to Render Persons Stateless: With Reference to the NRC in Assam." Statelessness & Citizenship Review 3, no. 1 (2021): 186–207. http://dx.doi.org/10.35715/scr3001.1118.

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A person who has lost or who has been deprived of their nationality due to state action loses membership in the polity and is forced to live without human dignity. The right to nationality or the right to have rights obligates states to not render persons stateless and protects persons from a life without dignity. On the other hand, ‘life’ under art 21 of the Constitution of India is understood as dignified life and has been interpreted by the Indian courts as the right to rights. In this article, I examine how ‘life’ or the right to rights under art 21 of the Indian Constitution should includ

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SHARMA, PANCH RISHI DEV. "Modi's Nehru Jacket: President's Rule Invocations during the tenures of Prime Ministers Nehru and Modi." Perspectives on Federalism 16, no. 2 (2024): 1–40. https://doi.org/10.5281/zenodo.14416721.

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The President’s Rule impositions under Article 356 of the Constitution of India extraordinarily empower the central government to determine ‘constitutional machinery failure in a state (province)’ and acquire executive and legislative powers of the state (provincial) government, until the constitutional machinery is restored. In between 1950-2024, Indian central governments imposed 121 President’s Rule (PR) impositions, most of which occurred during single-party-personality-dominated central governments. This article examines PR invocations by the two single-party-perso

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R.K Premila Devi and Tongbram Radhabinod Singh. "INDIAN CONSTITUTION: REMINISCING 75 GLORIOUS YEARS OF ITS ADOPTION AND THE WAY FORWARD." ShodhKosh: Journal of Visual and Performing Arts 5, no. 1 (2024): 505–16. https://doi.org/10.29121/shodhkosh.v5.i1.2024.3629.

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Adopted on January 26,1950, Indian constitution heralded the beginning of a new era of democracy, liberty, and equality. Over the past 75 years, it has stood as a beacon of justice and resilience, guiding the world’s largest democracy through profound socio-political and economic transformations including that of scheduled Caste, Tribe, OBCs, minorities etc. This living document, rooted in the principle of justice, liberty, equality and fraternity, showcase India’s diverse, inclusive and pluralistic society. Under the visionary leadership of Dr. B.R. Ambedkar, the Constituent Assembly drafted

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Chatterji, Dr Souvik, Anindita Modak, and Samrat Samaddar. "Comparative Analysis of Price Fixing in India and USA - An Overview." International Journal for Research in Applied Science and Engineering Technology 12, no. 11 (2024): 1502–10. http://dx.doi.org/10.22214/ijraset.2024.65435.

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Abstract: The Preamble to the Indian Constitution states that- “WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: Justice, social, economic and political. LIBERTY of thought, expression, belief, faith and worship. EQUALITY of status and of opportunity and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation. In Our Constituent Assembly this twenty-sixth day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES TH

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Schroedel, Jean, and Ryan Hart. "Vote Dilution and Suppression in Indian Country." Studies in American Political Development 29, no. 1 (2015): 40–67. http://dx.doi.org/10.1017/s0898588x1400011x.

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The struggle for Native American voting rights has lasted more than two centuries. Although the 1924 Indian Citizenship Act granted citizenship to indigenous peoples born within the geographic boundaries of the United States, it did not ensure the right to vote. Because the Constitution gives states the power to determine the “times, places, and manner of holding elections,” many states statutorily denied Native Americans the franchise until federal lawsuits forced them to change. Having the statutory right to vote, however, did not ensure that it could be exercised in a meaningful way. Since

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Singh, Lal. "ENVIRONMENTAL LAW AND THE PROVISIONS OF THE INDIAN CONSTITUTION: A LEGAL STUDY." Journal of Science Innovations and Nature of Earth 3, no. 3 (2023): 01–04. http://dx.doi.org/10.59436/https://jsiane.com/archives3/3/91.

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The Indian Constitution is not static, but has developed and evolved over time. Environmental protection has not only become a fundamental right in India, but it has also grown linked with human rights and is now regarded an integral component of human rights. Assist everyone in living in a dignified and pollution-free environment. The preamble of our country's constitution stipulates building a socialist society and promoting environmental protection. Fundamental responsibility once again emphasizes the responsibility of all citizens to protect the environment. The principles of the guideline

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Jayanta, Boruah, and Aryan Sarthak. "Indian Judiciary: Independence from Interferences Vs Liberty to Interfere." Annual International Journal on Analysis of Contemporary Legal Affairs (AIJACLA) 2 (September 30, 2022): 81–93. https://doi.org/10.5281/zenodo.7129535.

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<em>India being a democratic country has adhered to the Principle of Rule of Law by adopting a Constitution supporting Independence of Judiciary. Even though the Doctrine of Separation of Powers has not been followed in India that strictly as it is followed in the United States, yet India has been able to secure an independent position for the Judiciary from the rest of the organs of the Government with the help of various Constitutional provisions. However, at present several allegations have been made against the functioning of the Indian Judiciary and a much debatable question is now put on

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