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Ideas of India
Kushagr Bakshi on Constitutional Interpretation and the Transformation of Federalism
Nov 14, 2024
Kushagr Bakshi, a Michigan International Law Scholar and SJD candidate, dives into the nuances of constitutional interpretation and federalism in India. He discusses the implications of Jammu and Kashmir's unique constitutional status and the effects of Article 370's abrogation. The conversation explores asymmetric versus heterarchical federalism and the importance of historical context in legal interpretations. Bakshi advocates for a more inclusive approach to constitutional analysis, emphasizing participatory democracy and the complexities of local governance.
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Quick takeaways
- Kushagr Bakshi argues that the interpretation of Article 370 should embrace constitutional pluralism, recognizing Jammu and Kashmir's unique autonomy within India's federal framework.
- The podcast critiques the abrogation of Article 370 in 2019, emphasizing its detrimental impact on Jammu and Kashmir's democratic autonomy and regional identity.
Deep dives
The thesis of constitutional pluralism
The dissertation posits that the constitutional relationship between Jammu and Kashmir and India should be viewed through a lens of constitutional pluralism, emphasizing that both entities maintained autonomous traditions. This approach criticizes the interpretation of Article 370 as merely asymmetrical federalism, suggesting instead that it envisioned a heterarchical relationship based on shared values and regional distinctions. The argument is supported by the suggestion that the Constituent Assembly of Jammu and Kashmir should have been granted more significance in interpreting the provisions of Article 370. This perspective challenges the dominance of the Indian Constituent Assembly’s framework by calling for recognition of the unique historical and constitutional context of Jammu and Kashmir.
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Discover
highlights
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