This article examines the constitutional architecture governing the regulation of state borrowing in India by studying Article 293 of the Indian Constitution. It looks at court decisions and fiscal federalism as well as using examples such as the Kerala case to underscore the extent of the control of the central government on matters related to borrowing. The article then turns to a discussion on striking an optimal balance between state financial autonomy and national economic stability.
Federating Rights: Democracy, Federalism and Governance
The article is premised on the recent GNCTD Act and its impact on federalism. It takes a detour from the popular discourse and explores federalism through the lens of fundamental rights. It argues that the right to vote and self-governance can be considered fundamental rights under Article 19(1)(a) of the Indian Constitution.
Progressive Constitutions
The author in the piece argues that progressive constitutions should keep pace with societal changes, avoid abuse, and ensure citizen participation. The discussion is in light of the recent events in Chile and India show erosion of constitutional principles, compromising democratic institutions and principles of federalism.
Biological Disaster: Who Should Respond – Centre or States?
The author in this piece has explored the Centre-State relations in light of the Covid-19 pandemic. She discusses the need for demarcation of power between Centre and States inter alia disaster management and suggests a way forward.
Political Turmoil in Maharashtra: Relooking at the Powers of the Governor Within the Indian Federal Framework
The author in this article has discussed the threat of unchecked gubernatorial powers in light of the recent political crisis in Maharashtra. The author also put forth suggestions to secure the constitutional integrity of the Governor's post and federal framework in Indian polity.
Covid-19 and its Impact on Indian Federalism
The authors in this piece argue that during the Covid-19 pandemic, the Union Government uses certain legislation in a fashion that undermined the letter and spirit of Indian Federal Setup as envisaged in the Constitution. The authors have also assessed the impact of the use of such legislation and their impact on the fiscal, administrative, agricultural sectors of the economy.