Case Analysis of West Bengal V. Union of India [1964] 1 SCR 371

Abstract

The researcher aims to study the usage of comparative law in the context of federalist principles in the instant case. Reliance has been placed primarily on secondary materials that include but are not limited to commentaries, journal articles, official proceedings, treatises and textbooks. The scope of the project is restricted to a doctrinal study of the usage of comparative law on constitutional federalism in the instant case and its consequences for the ultimate finding in the majority and the minority opinions. Considering the off-the-wall nature of the issue before the court and the socio-political background of the time, the research attempts to understand the judicial approach towards comparative constitutional law in the instant case. Further, the researcher endeavours to examine whether the judicial excursion into federalist principles of foreign constitutions of certain commonwealth countries with a richer tradition was a mere digression or a useful exercise in light of the final pronouncement.