THE ROLE OF SUPREME COURT OF INDIA IN DEVELOPMENT AND PROTECTION OF THE INDIAN FEDERALISM

India had a centralized unitary state at the time of Independence. After independence when the constituent assembly met for the drafting of the constitution, they had discussions and deliberation on whether the federal structure is desirable or a unitary structure. The constituent assembly came with a conclusion in which they adopted a structure with a strong centre and a state with limited powers but the structure was termed as federalism. The reason for the inclusion of federalism was to accommodate the diverse population of the country. But the structure of federalism was very complex due to identity politics and the regional identities. The Supreme court of India and the High Court which were established are the guardians of Indian Constitution and has a huge contribution in the development of the Indian federalism. The most important power that these court have is the power of judicial review beyond legislative and executive which further goes to the constitutional amendments also. The constitutional and extra- constitutional factor like the formation of new states, demarcation of boundaries and the growth and increase of regional parties has brought many issues. The issues brought conflicts between the centre and the states and at times the centre became so powerful that the Courts had to come to the picture and interpret the concept of federalism and the concept of distribution and sharing of powers. In this paper the author shall discuss the evolution and the development of federalism in India. The role of the Supreme court and the High Court in defining and interpreting the concept of federalism. The author shall also look into various cases laws where the Supreme court has played the pivotal role in the protection of the structure of federalism.