ABSTRACT
This chapter deals with those specific constitutional designs that remain integral to constitutional democracy in India. It is also shown in this chapter how the classical conceptualization of federalism, for instance, does not appear to be exactly relevant, which defends a wider point emphasizing the critical importance of the context in shaping a constitutional design. Constitutional identity needs to be reinforced in the face of challenges. The chapter is devoted to a detailed analysis of this article to demonstrate how the claim of a constituent Indian province is justified despite being a part of federal India. Primarily, the objective here is to understand and also conceptualize India’s federalism as a constitutional design which continues to evolve in response to newer social, economic and political priorities. If this be so, India’s constitutional identity is also being regularly reinvented. So, a critical scrutiny of India’s federalism shall also help us comprehend the constantly changing texture of India’s constitutional identity. The above discussion is directional in the sense that it helps us understand how the changing nature of India’s federalism is not an aberration, but complementary to the democratic polity that the founding fathers so assiduously endeavoured to build. As argued in the chapter, India’s federal compact was neither derivative nor exactly indigenous, but a creative amalgamation of both. The trajectory of federalism also shows that it has metamorphosed as history progresses; at the dawn of India’s independence, in view of the contingent circumstances, it was understood more as a constitutional principle which was largely ornamental given the need of the newly emerged polity for a strong state. By drawing on how India’s federalism evolved and functions, the chapter is a testimony to the view that it is organic to the socio-economic and political context which is neither static nor fixed but is constantly changing.
