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This federalism is symmetrical in that the devolved powers of the constituent units are envisioned to be the same. Historically, the state of Jammu and Kashmir was accorded a status different from other States owing to an explicitly temporary provision of the Indian Constitution namely Article 370 (which was revoked by the Parliament in 2019). [1]
The Preamble of the Constitution of India – India declaring itself as a country. The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the states to its citizens and the duties and the rights of the citizens to the State. These sections are considered vital elements of the ...
Article 4 is invoked when a law is enacted under Article 2 or 3 for the marginal, incidental and the consequential provisions needed for changing boundary of a state or union territory. As per Article 4 (2), no such law framed under Article 4 (1), shall be deemed to be an amendment of the constitution for the purposes of article 368.
However, it faces challenges, such as the logistical complexities of conducting elections on such a large scale and concerns over the potential impact on the federal structure of governance. The proposal continues to spark significant debate among political parties, constitutional experts, and the general public in India.
Union of India (A.I.R. 1967 S.C. 944), the Supreme Court held that power to reduce the total number of members of Legislative Assembly below the minimum prescribed under article 170 (1) is implicit in the authority to make laws under article 4. Article 169 empowers Parliament to provide by law for the abolition or creation of the Legislative ...
The Forty-second Amendment widened Article 31C and added Articles 368(4) and 368(5), stating that any law passed by Parliament could not be challenged in court. The Supreme Court ruled in Minerva Mills v. Union of India that judicial review is a basic characteristic of the constitution, overturning Articles 368(4), 368(5) and 31C. [75]
It also prepared the ground for Indian federalism, as it identified the provinces as units of fiscal and general administration. The Indian National Congress rejected the act, however some leaders such as Annie Besant , G. S. Khaparde , Bipin Chandra Pal , Surendranath Banerjee , and Tej Bahadur Sapru accepted the Act and were ready to ...
On 4 June 1959, shortly after the Nagpur session of the Indian National Congress, C. Rajagopalachari, [54] along with Murari Vaidya of the newly established Forum of Free Enterprise (FFE) [55] and Minoo Masani, a classical liberal and critic of socialist leaning Nehru, announced the formation of the new Swatantra Party at a meeting in Madras. [56]