Preserving federalism: Examining the clash between political and constitutional purpose in State of Rajasthan v. Union of India 1977

Sood, Yoshita, Vikram, Gauri and Kavdia, Tamanna (2023) Preserving federalism: Examining the clash between political and constitutional purpose in State of Rajasthan v. Union of India 1977. [Working papers (or Preprints)]

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Abstract

This paper delves into the landmark case of State of Rajasthan v. Union of India 1977, examining the complex dynamic between political motives and constitutional principles in the application of Article 356 of the Indian Constitution. By exploring the historical origins of Article 356 and its provisions for declaring a state emergency, the authors discuss the constitutional limitations and the President's role in making such decisions. The article asserts that although political factors may influence the implementation of Article 356, instances of severe constitutional abuse can be subject to judicial scrutiny. The authors emphasize the importance of preserving federalism and upholding democratic values within the constitutional framework

Item Type: Working papers (or Preprints)
Keywords: Article 356 | State of Rajasthan v. Union of India | Constitutional purpose | Political purpose | Federalism | President's satisfaction
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: 13 Dec 2023 06:23
Last Modified: 13 Dec 2023 06:23
Official URL: https://dx.doi.org/10.2139/ssrn.4468020
URI: https://pure.jgu.edu.in/id/eprint/7039

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