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Federalism In India Adopted By The Judiciary With A Comparative Analysis Of Federalism In India And Malaysia




Anasua Das, B.Sc.LL.B., KIIT University


ABSTRACT:


Federalism is a form of government where power is divided among more than one government and there is a substantive division of power. This paper aims to understand the concept of federalism and its origin and analyse whether our constitution is truly federal or is unitary from past judicial pronouncements. In this paper, we will draw a comparative analysis of federalism in India and MalaysiaAnalyzing judgements of the Supreme Court, we found India follows a federal form of government which is more inclined towards the union. we found that the Malaysian federation has a centralised parliamentary federation and incorporates asymmetric federalism.


Keywords: Federalism, Substantive division, Unitary, Asymmetric federalism.

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Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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