THE ROLE OF JUDICIARY IN SHAPING FEDERAL GOVERNANCE: A COMPARATIVE STUDY BETWEEN INDIA AND U.S.
AUTHOR – DIMPY MITTAL, PG STUDENT AT JAMNA LAL BAJAJ SCHOOL OF LEGAL STUDIES, BANASTHALI VIDYAPITH
BEST CITATION – DIMPY MITTAL, THE ROLE OF JUDICIARY IN SHAPING FEDERAL GOVERNANCE: A COMPARATIVE STUDY BETWEEN INDIA AND U.S. INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 549-558, APIS – 3920 – 0001 & ISSN – 2583-2344
THE CONSTITUTIONAL FRAMEWORK
FEDERALISM IN INDIA
India has a constitutional framework of federalism that contains the features of both the federal and unitary systems. India is a diversified country which needs unity; therefore, the Indian Constitution describes the country as a “Union of States” in Article 1[1]. This signifies that states cannot secede from the union. Under this, the Seventh Schedule enumerates powers for the federal and state governments by having three lists i.e., the Union List, which, for example includes defence or foreign affairs, the State List, which features police or public health on it, and the third category is the Concurrent List, containing marriage as well as criminal law items. The Union government has enormous powers, especially on matters under the Union List, and the residual powers are also with the Union. Article 245[2] makes state laws subject to override by central laws on matters that fall under the Concurrent List in case of dispute. The Supreme Court, as an arbitration body, correctly balances the power of the Union and state governments.
The federalism of India retains strong features of unitary characteristics, such as the emergency provisions enacted by Articles 352 and 356. Such provisions constitute the central government’s authority to exert itself further in cases when it is required. This juxtaposition of features-or federalism and unitary characteristics-presents an important model of cooperative federalism wherein diversity at the state levels does not seem to disrupt national unity.
[1]Article 1: Name and territory of the Union
(1) India, that is Bharat, shall be a Union of States.
(2) The States and the territories thereof shall be as specified in the First Schedule.
(3) The territory of India shall comprise-
a. The territories of the States;
b. the Union territories specified in the First Schedule; and
c. such other territories as may be acquired.
[2] 245. Extent of laws made by Parliament and by the Legislatures of States
(1)Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State.
(2)No law made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation.