Issues and challenges pertaining to the federal structure

first_imgDoes the Constitution allow unitary inclination with respect to the federal scheme?The Legislative Assembly of a state can pass a resolution when the state government deems a parliamentary law contradicting the basic values and principles of the Constitution. The passage of any such resolution is not constitutionally barred, but what is its use if it only remains symbolic, and has no legal ramifications!Article 256 of the Constitution obligates the State government to exercise its executive power to ensure compliance with the laws made by Parliament and any existing laws which apply in that State. If the state government fails to do so, the executive power of the Union can give such directions to a State as the Government of India finds them necessary.The President can impose President’s Rule in the States which refuse to enforce the law against the Centre’s directions under Article 356 or take cognisance of Article 365. This reading was well evident in S.R. Bommai v. Union of India positioned Indian federalism in a decisive way.last_img read more