Topic: issues and challenges pertaining to the federal structure
Q3. “The proposed Article 371(K) would extend asymmetric constitutional arrangements from states to a Union Territory.” What is meant by asymmetric constitutionalism? How could its application to Ladakh alter the existing framework of Union Territory governance? (10 M)
Difficulty Level: Medium
Reference: IE
Why the question
The proposed Article 371(K) has brought attention to India’s asymmetric constitutional arrangements and the possibility of extending such safeguards to a Union Territory.
Key demand of the question
The answer must clarify the meaning and purpose of asymmetric constitutionalism. It should then indicate how its application could transform Ladakh’s existing governance framework as a Union Territory without a legislature.
Structure of the answer:
Introduction
Indian federalism as a flexible constitutional system that accommodates regional diversity through differentiated institutional arrangements.
Body
- Meaning of asymmetric constitutionalism: Explain how the Constitution provides region-specific powers and safeguards to accommodate distinctive historical, cultural or geographical circumstances within the Union.
- Possible transformation of Ladakh’s governance: Indicate how an elected body with constitutionally protected authority could enhance representation and local law-making, while altering Ladakh’s predominantly centrally administered framework.
Conclusion
Conclude that constitutional asymmetry can deepen democratic accommodation, provided the proposed arrangement grants clearly defined and substantive powers.
