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Author: Siddharth Srivastava Publisher: Notion Press ISBN: 1685389414 Category : Political Science Languages : en Pages : 259
Book Description
‘A Case for a Federal India’ involves a novel study on comparative federalism. The author makes out a case against the quasi-federal or unitary characterisation of the Constitution of India by the jurists and justices alike. India has often been characterised as a quasi-federal nation considering that it possesses several unitary features which may not be present in a traditional federation such as the United States of America or Australia. However, these characterisations did not involve an in-depth study of federalism. The author argues that even the traditionally federal constitutions are not purely federal in the modern day, considering that the courts and governments have introduced several unitarian features which were not present when these federations came into existence. For instance, the two World Wars and the Great Economic Depression necessitated a stronger federal government in the U.S.A. to effectively counter these situations. As a necessary corollary, several constitutional amendments were introduced to grant strong unitarian powers to the federal government such as the emergency powers. Therefore, the present position of India concerning federalism is very much similar to the modern-day federations of the U.S.A. and Australia, rendering the quasi-federal characterisation questionable. This book attempts an in-depth study of federalism and argues against the quasi-federal characterisation of India.
Author: Siddharth Srivastava Publisher: Notion Press ISBN: 1685389414 Category : Political Science Languages : en Pages : 259
Book Description
‘A Case for a Federal India’ involves a novel study on comparative federalism. The author makes out a case against the quasi-federal or unitary characterisation of the Constitution of India by the jurists and justices alike. India has often been characterised as a quasi-federal nation considering that it possesses several unitary features which may not be present in a traditional federation such as the United States of America or Australia. However, these characterisations did not involve an in-depth study of federalism. The author argues that even the traditionally federal constitutions are not purely federal in the modern day, considering that the courts and governments have introduced several unitarian features which were not present when these federations came into existence. For instance, the two World Wars and the Great Economic Depression necessitated a stronger federal government in the U.S.A. to effectively counter these situations. As a necessary corollary, several constitutional amendments were introduced to grant strong unitarian powers to the federal government such as the emergency powers. Therefore, the present position of India concerning federalism is very much similar to the modern-day federations of the U.S.A. and Australia, rendering the quasi-federal characterisation questionable. This book attempts an in-depth study of federalism and argues against the quasi-federal characterisation of India.
Author: Louise Tillin Publisher: Oxford University Press ISBN: 0199097879 Category : Political Science Languages : en Pages : 131
Book Description
To understand how politics, the economy, and public policy function in the world’s largest democracy, an appreciation of federalism is essential. Bringing to surface the complex dimensions that affect relations between India’s central government and states, this short introduction is the one-stop account to federalism in India. Paying attention to the constitutional, political, and economic factors that shape Centre–state relations, this book stimulates understanding of some of the big dilemmas facing India today. The ability of India’s central government to set the economic agenda or secure implementation of national policies throughout the country depends on the institutions and practices of federalism. Similarly, the ability of India’s states to contribute to national policy making or to define their own policy agendas that speak to local priorities all hinge on questions of federalism. Organised in four chapters, this book introduces readers to one of the key living features of Indian democracy.
Author: Rekha Saxena Publisher: Taylor & Francis ISBN: 1000327159 Category : Political Science Languages : en Pages : 212
Book Description
This book explores hitherto unaddressed dimensions in federalism studies in India. It traces continuities and changes in Indian federalism since independence and especially economic liberalization. Beginning with the 1990s, due to the emergence of multi-party system, coalition governments, change in judicial temper and the onset of privatization and globalization in the economy, there has been a trend towards greater federalization in India. However, in the context of one-party majority in a coalition government since 2014, new aspects have emerged in Indian federalism. The volume engages with several facets of federalism: administrative federalism; environmental and resource federalism; changing dynamics of fiscal federalism; and multi-level governance. With comparative data and case studies across different states of India, it brings together a range of issues, including Article 356 and its dysfunctions; land acquisition; decentralized governance; tribal rights; the roles of central and state governments; concerns regarding Citizenship Amendment Act; recent abrogation of Article 370 and 35 A; Delhi and statehood; climate change; MGNREGA; implementation of ICDS and the cooperative and competitive nature of Indian federalism. Comprehensive and topical, this book will be useful to scholars and researchers of political science, federalism, comparative federal studies, political studies, comparative politics, public administration, governance and development studies. It will also interest policy makers, bureaucrats, government organizations, NGOs, and civil society activists.
Author: Nicholas Theodore Aroney Publisher: University of Toronto Press ISBN: 1487511485 Category : Law Languages : en Pages : 598
Book Description
Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.
Author: Walter Echo-Hawk Publisher: Fulcrum Publishing ISBN: 1555917887 Category : Law Languages : en Pages : 363
Book Description
Now in paperback, an important account of ten Supreme Court cases that changed the fate of Native Americans, providing the contemporary historical/political context of each case, and explaining how the decisions have adversely affected the cultural survival of Native people to this day.
Author: David B. Wilkins Publisher: Cambridge University Press ISBN: 110821102X Category : Law Languages : en Pages :
Book Description
This book provides the first comprehensive analysis of the impact of globalization on the Indian legal profession. Employing a range of original data from twenty empirical studies, the book details the emergence of a new corporate legal sector in India including large and sophisticated law firms and in-house legal departments, as well as legal process outsourcing companies. As the book's authors document, this new corporate legal sector is reshaping other parts of the Indian legal profession, including legal education, the development of pro bono and corporate social responsibility, the regulation of legal services, and gender, communal, and professional hierarchies with the bar. Taken as a whole, the book will be of interest to academics, lawyers, and policymakers interested in the critical role that a rapidly globalizing legal profession is playing in the legal, political, and economic development of important emerging economies like India, and how these countries are integrating into the institutions of global governance and the overall global market for legal services.
Author: Kimberly Johnston-Dodds Publisher: California Research Bureau ISBN: Category : Law Languages : en Pages : 60
Book Description
Created by the California Research Bureau at the request of Senator John L. Burton, this Web-site is a PDF document on early California laws and policies related to the Indians of the state and focuses on the years 1850-1861. Visitors are invited to explore such topics as loss of lands and cultures, the governors and the militia, reports on the Mendocino War, absence of legal rights, and vagrancy and punishment.
Author: Akhil Reed Amar Publisher: Random House ISBN: 1588364879 Category : History Languages : en Pages : 672
Book Description
In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius. Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election. Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.
Author: Y.V. Reddy Publisher: Oxford University Press ISBN: 0199097046 Category : Political Science Languages : en Pages : 335
Book Description
Likening fiscal federalism to a game between the Union and the States, and among the States themselves, Indian Fiscal Federalism lays bare the complex rules of play. It examines the pivotal role of Finance Commissions and assesses momentous events since 2014, such as the replacement of the Planning Commission by NITI Aayog, the emergence of the GST Council, and the controversies surrounding the Fifteenth Finance Commission. States, and among the States themselves, Indian Fiscal Federalism lays bare the complex rules of play. It examines the pivotal role of Finance Commissions and assesses momentous events since 2014, such as the replacement of the Planning Commission by NITI Aayog, the emergence of the GST Council, and the controversies surrounding the Fifteenth Finance Commission. A contemporary, timely, and comprehensive analysis of fiscal federalism in India, this practitioners’ perspective is a must-read for all those interested in the subject.
Author: Siddharth Srivastava
Author: Siddharth Srivastava
Author: Felix S. Cohen
Author: Louise Tillin
Author: Rekha Saxena
Author: Nicholas Theodore Aroney
Author: Walter Echo-Hawk
Author: David B. Wilkins
Author: Kimberly Johnston-Dodds
Author: Akhil Reed Amar
Author: Y.V. Reddy