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A Comparison of Judicial Opinions Defining Federal Structure and State Autonomy | CALQ Vol. 5.1

In this article, Preetham Correa deliberates on the contrasting definitions of Federal Structure and State Autonomy, in the American and the Indian landscape. The comment enumerates how the Supreme Court of both these countries, as the interpreters of the Constitution, found themselves adjudicating these disputes whenever they ensued. For this, Preetham also equips himself with two landmark decisions- S.R. Bommai v. Union of India and McCulloch v. Maryland- which have demarcated the line between the Union and the states vis-à-vis the division of political and legislative powers. The case comment explores the nuances of these decisions in a comparatively analytical manner while examining the far-reaching effects they have on federal and state relations in the world’s largest and oldest democracies.



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