The ‘Holding Together’ Federation: Is India a Case of Asymmetrical Federalism?

Abstract

Numerous constitutional law studies have emphasized on the concept of constitutional asymmetry in its structure. This article focuses on constitutional asymmetry in the Indian federal structure. The special status of Kashmir and other provisions extended to north-eastern states are generally assumed to reflect the asymmetrical nature of Indian polity. However, this paper argues that though the federal structure portrays characteristics of an asymmetric federalism, the concept is not essential to the core values or the identity of the Indian polity. As such, this article argues that the asymmetrical practices are not the essential to hold India together and may be considered to be an exception to the federal structure of the country.