President Rule Article 356 Federalism and Issue of National Security

Abstract

Federalism is an organisational structure in which authority is shared or split among all of the subordinate governmental institutions rather than being solely vested in the central government. The relationship between the Union and the States is depicted
in the Indian system.
Because the constitutional division of powers by levels of government can control the potential hazards that security and intelligence authorities represent for individual and collective freedoms, federalism may be preferable to unitary security regimes. Federalism, however, can also be a security problem since it is believed to obstruct effective decision-making about public safety.
The legal-institutional framework and constitution of the federal system in India exhibit a unique trend. Studies on national security legislation typically centre on striking a balance between security and liberty, with the vast majority of these studies\ examining this balance along the horizontal axis between federal branches. The vertical axis and the post-9/11 emergence of state and local government in American national security legislation and policy are two additional features that this article adds to question that traditional focus. It promotes a federalist framework that places a strong emphasis on vertical intergovernmental arrangements for the longterm promotion and mediation of a wide variety of policy values. When it comes to national security intelligence and counterterrorism, the federal and local governments collaborate and sometimes clash. This federalism framework clarifies these dynamics and provides insights that can help shape future reforms.