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Special Category States of India$
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Govind Bhattacharjee

Print publication date: 2016

Print ISBN-13: 9780199460830

Published to Oxford Scholarship Online: April 2016

DOI: 10.1093/acprof:oso/9780199460830.001.0001

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Special Category States in the Framework of Asymmetrical Federalism in India

Special Category States in the Framework of Asymmetrical Federalism in India

(p.54) 1 Special Category States in the Framework of Asymmetrical Federalism in India
Special Category States of India

Govind Bhattacharjee

Oxford University Press

This chapter discusses the special category states in the framework of asymmetrical federalism in India as embodied in the Articles 370 and 371 of Indian Constitution as well as the Fifth and Sixth Schedules to the Constitution. The chapter traces the origins of these schedules and discusses the volatile issue of tribal land alienation in India. Drawing from a large body of scholarly writings on asymmetrical federalism, this chapter critically examines the question of diversity in the Indian federation and the adequacy of asymmetrical powers to deal with such diversities as exhibited within the special category states, especially within the Northeast. It draws comparisons with other countries that too are facing large asymmetries in their federal structures, like Belgium, Canada, Spain and Malaysia, while examining the sufficiency of asymmetrical powers necessary for a federation as diverse and complex as India and concludes with a critical evaluation of de jure asymmetry of Indian federation.

Keywords:   Asymmetric Federalism, Fifth Schedule, Sixth Schedule, Article 370, Article 371, Bordoloi Committee, Tribal Land Alienation, Samata Judgment

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