Advanced International Journal for Research

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Call for Paper Volume 7, Issue 4 (July-August 2026) Submit your research before last 3 days of August to publish your research paper in the issue of July-August.

Judicial Federalism in the Era of Political Dominance: An Investigation betweenPolitical Expediency and Constitutional Morality

Author(s) Dr. Ashiq Hassan Malik, Mr Tanveer Rasool Malik
Country India
Abstract Judicial federalism in India plays a vital role within a constitutional system characterized bya powerful central government and often tense relationships between the center and states.As the ultimate authority on constitutional conflicts, the Supreme Court significantlyinfluences how federal balance is maintained. This paper explores how the Supreme Court'sapproach to judicial federalism has changed amid growing political centralization,examining it through two competing perspectives: constitutional morality and politicalconvenience. Using a targeted qualitative case study approach, the research examines threemajor court rulings: S.R. Bommai v. Union of India (1994), the Ayodhya verdict (2019), andthe removal of Article 370 (2023). These cases demonstrate different judicial attitudes, fromasserting constitutional authority to showing accommodative caution and ultimately yieldingto political pressure. The analysis shows that the judiciary's engagement with federalprinciples varies considerably depending on context, with constitutional morality frequentlymentioned in words but applied inconsistently in practice. The article contends that politicalconvenience increasingly influences judicial decisions, creating important consequences forstate independence, democratic responsibility, and the future of cooperative federalism inIndia. By mapping this pattern, the study adds to wider discussions about how constitutionalcourts can maintain federalism when facing political overpowering and constitutionalchallenges.
Field Sociology > Politics
Published In Volume 7, Issue 4, July-August 2026
Published On 2026-08-25

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