Chapter

Each for All, All for Each

O. Chinnappa Reddy

in The Court and the Constitution of India

Published in print May 2010 | ISBN: 9780198066286
Published online October 2012 | e-ISBN: 9780199081462 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198066286.003.0030
Each for All, All for Each

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Broadly, federalism implies the sharing of constituent, political power. India is a union of states, which by law may be reorganized by Parliament. During the subsistence of any proclamation of emergency, the central government is entitled to give directions to the state governments in regard to the manner of exercise of executive powers by the states. Article 356 of the Constitution, obviously intended to be used in the gravest of cases and with utmost circumspection, has unfortunately been much abused and invoked for purely political purposes, when opposing political parties come to power at the central and the state levels. In I.T.C. Ltd. v. Agricultural Produce Market Committee, the Supreme Court observed that in order to ensure the federal character of the Constitution, it was necessary to interpret the Constitution in a manner that it does not whittle down the powers of state legislature and preserves the federal character while upholding central government supremacy as contemplated by some of its articles.

Keywords: India; Constitution; Supreme Court; federalism; states; Parliament; emergency; state governments; central government; state legislature

Chapter.  3040 words. 

Subjects: Constitutional and Administrative Law

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