The Role Of The Judiciary In Resolving Federal Friction: A Comparative Analysis With Special Reference To India
- IJLLR Journal
- 2 hours ago
- 1 min read
Mehak Kapoor, Department of Laws, Panjab University
ABSTRACT
This research explores the judiciary's role as a vital stabilizing entity in addressing federal tensions in India, where conflicts often emerge between the Center and the States due to the Constitution's federal framework with pronounced unitary characteristics. Through mechanisms like judicial review, constitutional interpretation, and its original jurisdiction under Article 131, the Supreme Court ensures that issues concerning legislative authority, executive power, fiscal allocation, and inter-state disputes are settled within constitutional boundaries. Notable cases, including S.R. Bommai, Narmada Bachao Andolan, State of West Bengal v. Union of India, CPDR, and recent decisions regarding governors' roles, demonstrate the Court's function in curbing executive overreach, safeguarding state independence, and promoting cooperative federalism. A comparative look at the federal systems of the USA and Canada further underscores how India's judiciary assumes a more proactive and integrative role in preserving the federal equilibrium.
Keywords: Federalism, Federation, Federal Friction, Cooperative Federalism, Comparative Federalism.
