Abstract
The article analyses the form of state of the federal Indian Union, which is rather atypical in the “landscape” of comparative constitutional law. The trend towards centralization of functions and powers, both at federal and state levels, probably constitutes some sort of quasi-federalism, or semi-federalism, or even unionist federalism. Indian pragmatic federalism, which we can mainly characterize as a variant of ethnic federalism, may well lead, in terms of the classification of the forms of state, to consider Indian federalism as unitary federalism, or as the realization of a sui generis unionist state.
Highlights
The Indian Federalism, between Colonial Legacy and Foreign Models of Ethnic FederalismYou must be the change you wish to see in the world.Mahātmā Ghandi (Verna, 2010: p. 3).The Indian federalism, whose essential characteristics are outlined in the provisions contained in the Articles 1-11 of the Constitution of Indian Union that came into force in January 1950, can be defined as an atypical and sui generis federalism, especially for the weak political decentralization (Acquarone, 2006; Amirante, 2007; Amirante, 2010; Amirante, 2013a; Amirante, 2013b; Amirante, 2014; Amirante, Decaro, & Pföstl, 2013; Dell’Aquila & Dell’Aquila, 2010; Francavilla, 2010; Lingat, 1967; Sacco, 2011)
The Indian federalism, whose essential characteristics are outlined in the provisions contained in the Articles 1-11 of the Constitution of Indian Union that came into force in January 1950, can be defined as an atypical and sui generis federalism, especially for the weak political decentralization (Acquarone, 2006; Amirante, 2007; Amirante, 2010; Amirante, 2013a; Amirante, 2013b; Amirante, 2014; Amirante, Decaro, & Pföstl, 2013; Dell’Aquila & Dell’Aquila, 2010; Francavilla, 2010; Lingat, 1967; Sacco, 2011)
Some Additional Considerations, in Comparison with (Sub-Saharan) African (Ethnic) Federalisms, to Support the View of Indian Pragmatic Federalism. Moving to another area of the legal globe, and focusing on sub-Saharan Africa—with the exception of the South African federalism, whose evolution has been characterized by the need to overcome the apartheid regime (Orrù, 1998; Orrù, 2012), we find more interesting evidence to support the hypothesis of the Indian federalism as a variant of federalism, or even as ethnic regionalism
Summary
The Indian Federalism, between Colonial Legacy and Foreign Models of Ethnic FederalismYou must be the change you wish to see in the world.Mahātmā Ghandi (Verna, 2010: p. 3).The Indian federalism, whose essential characteristics are outlined in the provisions contained in the Articles 1-11 of the Constitution of Indian Union that came into force in January 1950, can be defined as an atypical and sui generis federalism, especially for the weak political decentralization (Acquarone, 2006; Amirante, 2007; Amirante, 2010; Amirante, 2013a; Amirante, 2013b; Amirante, 2014; Amirante, Decaro, & Pföstl, 2013; Dell’Aquila & Dell’Aquila, 2010; Francavilla, 2010; Lingat, 1967; Sacco, 2011). Forms of State, Indian Federalism, Unionist Federalism, Ethnic Regionalism
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