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Supreme Court Invokes Nehru’s Objective Resolution: Reinforcing the Foundational Philosophy of Indian Federalism

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The Supreme Court of India has extensively cited Jawaharlal Nehru’s 1946 Objective Resolution in a landmark judgment on federalism. The Court emphasized that the resolution serves as the moral and philosophical compass for the Indian Republic's power-sharing arrangement.

In a significant judicial observation, the Supreme Court of India has revisited the historical roots of the Indian Constitution by citing Jawaharlal Nehru’s 'Objective Resolution' of 1946. While adjudicating on the division of powers between the Union and the States, the Court noted that this resolution was not merely a historical document but the "foundational philosophy" that shaped India’s post-colonial consolidation and its democratic identity. The Objective Resolution, moved by Nehru on December 13, 1946, in the Constituent Assembly, outlined the ideals of a sovereign, independent republic. The Supreme Court highlighted that the resolution envisioned a federal structure where the units (states) would possess autonomous powers, subject to the overarching unity of the nation. By invoking this document, the Court has reinforced the idea that federalism is an indestructible part of the Constitution’s basic structure.

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