| Abstract: | Many studies highlight constitutional asymmetry as a desirablefeature of federal systems in multinational countries. Thisarticle looks at India which, mainly because of the specialprovisions for Kashmir in the 1950 constitution and the statusof newer small states in the north-east, is generally describedas asymmetrically federal. I show that, while India exhibitsconsiderable de facto asymmetry, asymmetry in the constitutionalpowers granted to individual states has (i) not been importantfor India's ability to ‘hold together’ as oftenassumed and (ii) not entailed special protection of culturalor national minorities. I thus cast doubt on the normative politicalphilosophy, particularly informed by Canadian and Spanish debates,that advances the idea of asymmetrical federalism as a modelof governance in potentially divided societies. |
