Understanding federalism in India through the J&K reorganisation Act, 2019

11 Pages Posted: 28 Nov 2021

See all articles by Divyanshu Dembi

Divyanshu Dembi

O. P. Jindal Global University, Jindal Global Law School (JGLS)

Niraj Doiphode

University of Sydney Law School; O. P. Jindal Global University, Jindal Global Law School

Kamiya Gupta

O. P. Jindal Global University, Jindal Global Law School

Date Written: October 15, 2021

Abstract

India is a special case of federalism. With it being termed as quasi federal in Nature, India is a sort of enigma in both political theory and law. In this paper we do three things. First, we talk about the status quo of Indian federalism, and the exceptions to it. Second, we talk and elaborate on the concept of asymmetric federalism as a exception to the generally understood symmetric federalist structure. And third and most importantly, we analyze the particular case of asymmetric federalism in Jammu and Kashmir and the gradual dilution of constitutional and political autonomy vested in the state through article 370 with the process culminating in the Jammu and Kashmir reorganization act of 2019 which diluted the state into a union territory.

Keywords: Federalism, Jammu and Kashmir, Article 370, Federalism, Asymmetric federalism, Political theory

Suggested Citation

Dembi, Divyanshu and Doiphode, Niraj and Gupta, Kamiya, Understanding federalism in India through the J&K reorganisation Act, 2019 (October 15, 2021). Available at SSRN: https://ssrn.com/abstract=3971069 or http://dx.doi.org/10.2139/ssrn.3971069

Divyanshu Dembi (Contact Author)

O. P. Jindal Global University, Jindal Global Law School (JGLS) ( email )

Sonipat, Haryana
Haryana, Haryana
India

Niraj Doiphode

University of Sydney Law School ( email )

Sydney
Australia

O. P. Jindal Global University, Jindal Global Law School ( email )

Sonipat Narela Road, Near Jagdishpur Village
Delhi NCR
Sonipat, DE Delhi NCR 131001
India

Kamiya Gupta

O. P. Jindal Global University, Jindal Global Law School ( email )

Sonipat Narela Road, Near Jagdishpur Village
Delhi NCR
Sonipat, DE Delhi NCR 131001
India

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