top of page

J & K Reorganisation Act: Is It A Threat To Federalism?




Neha. A, VIT School of Law, Chennai


ABSTRACT


The wise makers of Indian Constitution while drafting made sure that India’s federal structure remains distinct from the others. But over the yearsFederalism has become more like a Political Discourse in our country. Theintroduction of J & K Re-Organization Act 2019 movement was more like leaving a cat in a group of pigeons, there was a lot of commotion, riots and unrest created.


Historically speaking, when India was a political entity, the princely states were rather “held on” to join India as a union as contrary to “coming together” as classified by Alfred Stephan, a political scientist. This is why India was not an agreement between the states and also the states not having the option to secede from the Union. One can argue that this is an important aspect which tells us that India has more of Unitary features than federalism. On the contrary India also fulfills all the prominent features of federalism itself.


This article discusses the Federal Unit of Indian Constitution and how much of it was observed while implementing the J & K Re-Organization Act 2019. It also analyses the Consultative process and significance of it.


Keywords: Federalism, India, Constitution

Comments


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Open Access Logo

Licensing:

​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page