unsymmetrical concept of constitution of federal state of “india”

What is Federalism ?

Federalism have a root Latin word that is ‘Foedus’ means treaty or any pact. Therefore as the meaning signifies it is stand for intermixing of federal government or central government with Provincial ,state ,or other sub unit Governments in a unitary political system.

It is therefore a kind of government in which distribution of powers took place between two levels of governments of same level. for example the federal state of India, Brazil, Russia united states etc. federalism in true meaning in federal state is defined as distribution of powers and relation between states and the central federal unit that is the national government or federal government.

Interesting model of global view of unified federation of India:

India had adopted the British north America act model and the government of India act model as its constitution. So, here in India we had a very engrossing model of federation with two different visions .one of these vision govern the state of Jammu and Kashmir and one vision for rest of all states of federal state of India. In contrast to US and Australian model the state of Jammu and Kashmir had given the power after our constitution came into play. there was a constituent assembly framed in state of Jammu and Kashmir in 1952 and they framed their constitution in 1957 for themselves.so this was very interesting before the abrogation of special status and article 370 to note down instead of India is a union of states which contains the state of Jammu and Kashmir so far as the all other states are concerned there is one set of laws that Manoeuvre . Apart from it for Jammu and Kashmir there was another set of law ,it was only the president that eventually permits in terms of our constitution to apply to the state of Jammu and Kashmir .

Constitution of federal state of India is unsymmetrical in nature:

As we discuss and concern about Federalism of India it is asymmetric there are various aspects which shows Un symmetric nature of constitution of India .

The most important was the case of state of Jammu and Kashmir before 5 August 2019:

Before the abrogation of special status and article 370 The constitution of Jammu and Kashmir vest the residuary power with the state and our article 248 did not operate in the state of Jammu and Kashmir. The only residuary power that the Center have as Jammu and Kashmir discussed was that of tackling with terrorism.

The state of Jammu and Kashmir had its own subject list upon which it legislated. part 6 our constitution which deals with the states did not apply to the state of Jammu and Kashmir even there is no list 2 for Jammu and Kashmir before. Apart from it had enjoyed special status.

Most significant aspects of asymmetry in Indian constitution:

Special provisions:

Under article 371 provides special provisions to the state of Assam, Arunachal Pradesh, Goa, Mizoram, Manipur, Nagaland and Sikkim.

Our constitution does not allows or gives such definition but India has a multiparty system with political coalition frequently stands upon regional and caste identities especially at union level. and there is also not parallel surface of Distribution of powers resources and funds

Union territories :

Apart from Centre and states the country has union territories with legislature and without legislature.

The case of Panducherry and Delhi :

Panducherry Enjoys legislative Powers on any issue in the state list or the concurrent list insofar as it applies to the union Territory. Delhi which has three exceptions which are outside its purview that is police land and public order.

The sixth schedule:

Here According to this schedule The Tribal Areas of state of Meghalaya Tripura, Mizoram and Assam can frame autonomous districts and autonomous regions. Hence these all aspects signifies that Constitution of India has Unsymmetrical concept .