Role Of The Indian Judiciary In Preserving Federalism

Manya Iyer, BBA LLB, O.P Jindal Global University

ABSTRACT

This paper examines Federalism as a concept in the Indian State and focuses on judicial involvement and its role in preserving said Federalism. By exploring the historical and Constitutional backgrounds of Federalism, this paper draws attention to exactly how the Judiciary is involved in upholding Federal principles and in shaping India into a quasi-Federal country as we know it today. Landmark cases such as Keshavananda Bharati v. State of Kerala, S.R. Bommai v. Union of India, Calcutta Gas Company v. State of West Bengal and State of West Bengal v. Union of India are analyzed to see exactly how the judiciary exercises its power to ensure the autonomy of the states while also working towards national unity and Federal coordination. Further, this paper touches upon the criticisms of the seemingly unblemished Federal structure in India and also criticisms when it comes to the involvement of the judiciary to uphold the same.

Keywords: Quasi-Federalism, state autonomy, Apex Court, Basic Structure Doctrine, President's Rule, judicial overreach.