Supreme Court's Robust Jurisprudential Framework: Ensuring State Rights and Promoting Federalism
1 month, 3 weeks ago

Supreme Court's Robust Jurisprudential Framework: Ensuring State Rights and Promoting Federalism

Live Law  

The Supreme Court has created a robust jurisprudential framework to strengthen federalism and ensure state rights are protected. The framework focuses on how the Indian Constitution is interpreted and applied to cases about federal power limits. The CJI emphasized that the Indian Constitution is very detailed about how power is shared between the central and state governments, and that this is different from the United States Constitution. The Court's jurisprudence on federalism has evolved over the years, moving from a centripetal era to a centrifugal era. The CJI also highlighted the importance of preserving state powers and that states are not mere appendages of the Centre. The framework should be evaluated based on its ability to foster democracy and uphold constitutional ideals of equality, liberty, dignity, and fraternity.

Politics Law Constitution Federalism  federalism  robust  framework  cji  supreme  state  jurisprudential  court  rights  bommai  strengthen  protected  bill  v  era  ensure  states

History of this topic

India Supreme Court History: Evolution, Powers, and Role in Democracy
3 weeks, 5 days ago

India Supreme Court History: Evolution, Powers, and Role in Democracy

The Hindu  

Published : Nov 28, 2024 22:55 IST - 7 MINS READ At the pinnacle of India’s national judicial hierarchy is the Supreme Court, with sweeping Constitutional powers. The committee had recommended that the appointment of the judges of the Supreme Court should not be left to the unfettered discretion of the President and proposed two methods to appointment judges: first, …

Let tomorrow’s last day be a first for many
1 month, 2 weeks ago

Let tomorrow’s last day be a first for many

New Indian Express  

The sequential trinity of annual timelines—independence day, the Supreme Court’s platinum jubilee and the Constitution’s forthcoming 75th year—is the coming together of an epic moment in India’s jurisprudential evolution. The 50th Chief Justice of India is a shining representation of that role in this harmonious trifecta, and he shall be sitting on the highest chair of justice for the last …

Supreme Court's Robust Jurisprudential Framework: Ensuring State Rights and Protecting Federalism
1 month, 3 weeks ago

Supreme Court's Robust Jurisprudential Framework: Ensuring State Rights and Protecting Federalism

Live Law  

The Supreme Court has created a robust jurisprudential framework to strengthen federalism and ensure state rights are protected. The framework focuses on how the Indian Constitution is interpreted and applied to cases about federal power limits. The Court emphasizes the importance of preserving state powers and that states are not mere appendages of the central government. The CJI also highlights …

DC Edit | Executive powers must be defined in a federal' India
1 year ago

DC Edit | Executive powers must be defined in a federal' India

Deccan Chronicle  

The Indian Constitution does not expressly define India as a federal state; it is largely the Supreme Court which described federalism as one of the basic structures of the Constitution along with democracy, rule of law and secular character. The total glossing over of the imposition of the governor’s rule in the state and the dissolution of the state Assembly …

Article 370 order upsets nation’s federal balance
1 year ago

Article 370 order upsets nation’s federal balance

Hindustan Times  

The Article 370 judgement of the Supreme Court will have a bearing across the country. The “Article 370” case primarily deals with legal issues concerning the extent of the sovereignty of the erstwhile state of Jammu and Kashmir within the Indian constitutional architecture, the validity of the Jammu and Kashmir Reorganisation Act 2019, the two constitutional orders issued by the …

Article 370 judgment is a case of constitutional monism
1 year ago

Article 370 judgment is a case of constitutional monism

The Hindu  

More than four years after the abrogation of Article 370, the Supreme Court of India, on Monday, unanimously upheld the actions of the Indian government. The Court rejects the argument that Article 370 had gained permanence after the dissolution of the Constituent Assembly as this ‘is premised on the understanding that the constitutional body had unbridled power to alter the …

The Delhi ordinance is an unabashed power-grab
1 year, 6 months ago

The Delhi ordinance is an unabashed power-grab

The Hindu  

On May 19 this year, the Union government promulgated an ordinance to amend the Government of National Capital Territory of Delhi Act, 1991 that effectively nullified the Supreme Court judgment of May 11 on the powers over bureaucratic appointments in Delhi. Congress leader Ajay Maken said that “cooperative federalism principles don’t fit” Delhi since it is the “National Capital”. The …

Interventions in Delhi and Maharashtra Show Supreme Court’s Federal Resurrection
1 year, 7 months ago

Interventions in Delhi and Maharashtra Show Supreme Court’s Federal Resurrection

The Quint  

Federalism in India has lately been going through a tumultuous phase owing to a growing centralising drift in centre-state relations particularly in the last decade or so. Every now and then, the central government is in a constant tussle with the opposition ruled States and Union Territories. Needless to say, one of the many distinguishing features of India’s federal principle …

In Indian Constitution vs Collegium Debate, Can the Govt & Judiciary Reconcile?
1 year, 10 months ago

In Indian Constitution vs Collegium Debate, Can the Govt & Judiciary Reconcile?

The Quint  

The Vice President of India Jagdeep Dhanker who is also the Chairman of the Rajya Sabha and Om Birla—the Speaker of the Lok Sabha have differently voiced their disagreement with the prevailing interpretation of the 24 April 1973 ‘basic doctrine’ verdict of the Supreme Court in the landmark Kesavananda Bharati case aka Fundamental Rights case. It may be recalled that …

Federalism in India | An uneasy balance
2 years, 2 months ago

Federalism in India | An uneasy balance

The Hindu  

Ambedkar introduced the draft Constitution in the Constituent Assembly in 1948, he spoke of introducing a dual polity, consisting of “the Union at the Centre and the States at the periphery each endowed with sovereign powers to be exercised in the field assigned to them respectively by the Constitution.” He underlined the deliberate attempt of its makers to describe India …

Federalism Most Suited Idea For India In View Of Its Diversity, Centralising Whole Things Will Lead To Troubles : Justice Chelameswar
2 years, 3 months ago

Federalism Most Suited Idea For India In View Of Its Diversity, Centralising Whole Things Will Lead To Troubles : Justice Chelameswar

Live Law  

Former Supreme Court judge Justice Jasti Chelameswar on Saturday remarked the the idea of Federalism is the most suitable idea for India, in view of its diversity. for example Article 370, it has not yet been heard, when 80 lakh people were basically imprisoned in their homes without any net nothing really happened", Justice Chelameswar stated that, "As regard the …

Government stands against Constitutional values, says Yogendra Yadav
2 years, 3 months ago

Government stands against Constitutional values, says Yogendra Yadav

The Hindu  

A campaign like Bharat Jodo Yatra is essential to counter the conscious attempt made by the ruling BJP government to divide and rule India like the British, activist Yogendra Yadav on Sunday said, adding that the initiative brings together political parties and members of various peoples’ movements to counter the hegemony of the regime. Dravidian Model Speaking to The Hindu, …

Making out a case for the more federal judiciary
2 years, 10 months ago

Making out a case for the more federal judiciary

The Hindu  

Nearly 150 years ago, A.V. The federal judicial system comprises the Supreme Court and the High Court in the sense that it is only these two courts which can adjudicate the above rights. Rajamannar, when offered seats in the newly formed Supreme Court, rejected the offer, preferring to be Chief Justices of prestigious High Courts than being ordinary judges in …

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