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ASYMMETRICAL FEDERALISM

Centripetal Federalism, Confederation

Federalism is asymmetrical where a federal system of government does not accord the same legal powers and areas of jurisdiction to all its constituent states or provinces.

Unlike American federalism, Indian federalism is asymmetric. Article 370 makes special provisions for the state of Jammu and Kashmir as per its Instrument of Accession. Article 371 makes special provisions for certain states as per their accession or state-hood deals.

This term 'federalism' could be called also the federal principle or the federal idea. It explains more than just the legalistic and institutional aspects of this political method.

Mogi, the Indian scholar of federalism gives the following interesting definition: "The federal idea is the formation of harmony between plurality and unity on the basis of pragmatic utilitarianism on the ethical basis,'. Mogi thinks that the federal idea is not confined to the political sphere of the state, but is the general basis of human organization. "The federal idea is the spirit of the pragmatic interdependence of the pluralistic universe and its theory is the basis of human association of any kind. I may describe the new federative theory as the applied science of that pluralism, which is the guiding principle of the theory on which the harmony between unity and plurality is based, or, in other words, the theory of equilibrium."

Centripetal federalism federal system where there is a strong federal government and weaker provincial governments. Its opposite is centrifugal federalism, where power would be dispersed from the centre to the provincial governments.

 

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