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Judicial Discretion In Balancing Political Objectives And Constitutional Principles: An Examination Of Precedents Like State Of Rajasthan V. Union Of India In The Context Of Indian Federalism




Vatsal & Vedant Singh, Jindal Global Law School, India.


ABSTRACT


This paper offers a qualitative examination of India's evolving constitutional dynamics, touching upon the intricate relationship between courts and the Political Question Doctrine, as well as the nuances of Article 356 in the nation's federal landscape. Drawing insights from judicial opinions, including those of Justices KK Mathew, YV Chandrachud, and Bhagwati. The research spans the doctrine's varied applications in diverse constitutional systems, concentrating on its nuanced positioning within the Indian context, while juxtaposing it against landmark verdicts such as State of Rajasthan v. Union of India. Emphasizing the limited role of the Political Question Doctrine in India. Simultaneously, the study delves into the transformation from the unitary framework under British rule to the contemporary federal structure, underscored by the impact of regional parties, key judicial decisions, and constitutional provisions. Key moments, such as the Sarkaria Commission's findings, President K.R. Narayanan's actions, and shifts post- 1967, are central to this discourse. Throughout, two interpretative paradigms emerge "originalism" which emphasizes central authority in line with the framers' intent, and the adaptive "living constitutionalism" reflecting changing socio-political realities.2 The research encapsulates India's quest to harmonize centralized imperatives with regional aspirations while safeguarding constitutional mandates against strictly political considerations.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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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:

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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