The Ache of amendment – lesson from the story of Indian federalism

Narnolia, Keshav (2020) The Ache of amendment – lesson from the story of Indian federalism. [Working papers (or Preprints)]

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India with its Independence inherited a horrifying legacy of partition and the tiring quest of congressmen to unite and stitch the divided picture of British India. It was pertinent to recognize that to attain such “social unity” the future belonged not to imperialism but to federalism. Federalism is one such charted terrains of Indian Constitutional law, the nature of which is still debated among scholars. It lacks a definitive meaning, however, it broadly means a distribution of power between the Centre and the State. Even the Supreme Court of India was tied in knots to demystify the nature of Indian Federalism. Features of constitution plays crucial role in determining the nature of federalism. Constitutional Amendments adds and subtracts to our understanding of such features of the Constitution. Constitutional Amendments in the Indian context broadly means an amendment to the Constitution under article 368 of the Indian Constitution. But the dynamics of amendments are not governed by the simple rule of first past the post. Besides codified requirements, the amendment culture of a country plays a crucial role in understanding the undercurrents of constitutional amendments. This paper will analyze the impact of constitutional amendment(s) on the federal structure of India by looking at the amendment culture of the country. It would address the necessity of constitutional amendments in general and will attempt to show how constitutional amendments have time and again operated the risk to the Indian federalism and saved its life. It would look at various types of formal and informal amendments which changed our understanding of the Indian Federalism. Finally, it would look at how the amendments to the federal nature of India, in turn, affected the amendment culture of the country and answer as to why is there a necessity for constitutional amendments when there is a question of federalism.

Item Type: Working papers (or Preprints)
Keywords: Constitutional Amendments | Federalism | India
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 04 Apr 2022 12:35
Last Modified: 04 Apr 2022 12:35
Official URL:


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