“Federalism in India is both a principle of governance and an essential feature of the Constitution’s Basic Structure”. Evaluate how this principle is challenged in the case of Jammu and Kashmir. Suggest measures to reconcile central authority with state autonomy.
Kartavya Desk Staff
Topic: Issues and challenges pertaining to the federal structure
Topic: Issues and challenges pertaining to the federal structure
Q4. “Federalism in India is both a principle of governance and an essential feature of the Constitution’s Basic Structure”. Evaluate how this principle is challenged in the case of Jammu and Kashmir. Suggest measures to reconcile central authority with state autonomy. (10 M)
Difficulty Level: Medium
Reference: TH
Why the question The Supreme Court has recently sought a detailed response from the Centre on the issue of restoration of statehood to Jammu and Kashmir. Key demand of the question The answer must analyse how the principle of federalism, though a part of the Basic Structure, has been challenged in the J&K case, and then suggest practical measures to reconcile central authority with state autonomy. Structure of the Answer: Introduction Mention federalism as a Basic Structure doctrine recognised by Supreme Court and central to India’s constitutional identity. Body Show how federalism is challenged in J&K (statehood downgraded, prolonged UT status, central dominance, limited Assembly powers). Suggest measures to balance Centre and State (time-bound restoration, cooperative federalism mechanisms, empowering Assembly). Conclusion Close with the need to restore J&K’s statehood as a constitutional obligation to uphold India’s federal equilibrium and democratic credibility.
Why the question
The Supreme Court has recently sought a detailed response from the Centre on the issue of restoration of statehood to Jammu and Kashmir.
Key demand of the question
The answer must analyse how the principle of federalism, though a part of the Basic Structure, has been challenged in the J&K case, and then suggest practical measures to reconcile central authority with state autonomy.
Structure of the Answer:
Introduction Mention federalism as a Basic Structure doctrine recognised by Supreme Court and central to India’s constitutional identity.
• Show how federalism is challenged in J&K (statehood downgraded, prolonged UT status, central dominance, limited Assembly powers).
• Suggest measures to balance Centre and State (time-bound restoration, cooperative federalism mechanisms, empowering Assembly).
Conclusion Close with the need to restore J&K’s statehood as a constitutional obligation to uphold India’s federal equilibrium and democratic credibility.