Basic Structure of Federalism And Its Interplay With India’s Obligation To Abide By International Law

Abstract

A lot has been debated upon the nature of federalism in India. A few consider it quasifederal, few consider it federal and a few others consider it federal with a centralizing tendency. India's obligation to abide by the International law is one of the pointers that have led to the debate of the state not being an independent unit in the Indian federal system. Federalism in India would be discussed with reference to India's obligation in the International order with special mention to TRIPS (Trade Related Aspects of Intellectual Property Law). Obligations under TRIPS had led to the amendment of the Patent Act which has impacted the agricultural and pharmacy sector both of which fall within the ambit of the State unit and not the Center. Whether India’s obligation under Trade Related Aspects of Intellectual Property Rights (TRIPS) usurps the power from states that they are entitled to have under the Constitution of India? On the other hand, noncompliance with the State's International obligations would tarnish the image of the State in the global order due to violation of the principle of Pacta Sunt Sevaranda. This article critically analyses India's treaty-making power under the Constitution and stresses on the need for the procedure to be compliable with the principle of federalism by incorporating the State units in the treaty- making process.