Emerging debates on the asymmetrical nature of Indian federalism: A study of Jammu and Kashmir state

Description

Page: 1424-1428

Mool Raj (Department of Political Science, University of Jammu, Jammu and Kashmir)

Article 1 of the Indian Constitution defines India as a ‘Union of States’ but the structure of governance is federal. The trajectory of federal structure is asymmetric in nature and the asymmetric federal tendencies reflect in different ways under part XXI, Fifth, and Sixth Schedule of the Constitution. Part XXI of the Constitution provides special status to Jammu and Kashmir State under Article 370. Article 371 of the Indian Constitution gives special status to Gujarat and Maharashtra and Article 371(A) to 371(J) provide special provisions to North-Eastern and other Indian states. However, this paper is an attempt to understand and contextualize the nature and debate on Indian federalism along with its asymmetric character, especially in J&K. After 2014 elections debates and discussions surfaced over Article 370 and Article 35-A. The paper will also explore that why the objective of asymmetrical federalism is far from what actually expected by the framers of the Indian Constitution.