wl-3978-The Vulnerability of Indian Federalism: Concerns on the Constitutional Design of Article 368

In a landscape where constitutional amendments can swiftly reshape the contours of governance, Article 368 of the Indian Constitution reveals a paradox. Its dual-track process promises protection for federal principles, yet it narrowly defines what constitutes a “federal issue,” leaving crucial aspects of India’s federalism vulnerable to the whims of Parliament. As we witness the reorganization of states, debates over the nation’s name, and the push for simultaneous elections, it becomes evident that the safeguards against unilateral alterations are insufficient. This piece explores how the amendment framework creates a significant blind spot in protecting federal balance and urges a re-evaluation of what truly merits federal protection, advocating for a more robust and inclusive safeguard that ensures federal voices shape the evolving constitutional landscape.