• Research/Scholar Paper name – Centralized amendment power: a possible threat to federalism
  • Author: Smriti Kumari
  • Institution: National University of Study and Research in Law, Ranchi
  • Affiliation: Centre for Study of Dispute Resolution
  • Date of Publication: 20/11/2022


Federalism is part of the basic constitution of India that cannot be changed or destroyed by a constitutional amendment under the powers of Parliament without a formal review by the Supreme Court. Federalism provides ways in which these different groups share power over common interests, but also provides for these groups to have a degree of independence in line with centralized state institutions. This study aims to sketch the importance of federalism in India and at the same time discuss the threats to federalism in India in the modern situation. Centralized amendment power is one such main threat that has been discussed in this paper in detail. The paper gives a brief history of the development of federalism in India with the help of important case laws. It then discusses all the facets of centralized amendment power and the role of states in amendment procedure. This paper also talks about remedies available to the state under article 131 of the constitution. Comparison with amendment procedures of other federal countries reveals the status of federalism in India. Finally, this paper concludes by providing some suggestions to protect federalism in India.

Centralized amendment power: a possible threat to federalism

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