CEU eTD Collection (2020); Sagar, Pavan: Central Intervention Mechanisms : A Comparative Analysis Of India, Spain And South Africa

CEU Electronic Theses and Dissertations, 2020
Author Sagar, Pavan
Title Central Intervention Mechanisms : A Comparative Analysis Of India, Spain And South Africa
Summary In the recent times, the crises in Kashmir and Catalonia have received widespread attention. The actions initiated by the Indian and Spanish governments respectively in these two crises were a form of “CENTRAL INTERVENTION MECHANISM ”. Central intervention mechanism refers to a mechanism in a federal system under which a federal government intervenes in the administration of regional governments. This is highly unusual since, unlike Unitary systems, federal systems are based on the understanding that the national governments and the regional governments will operate in different spheres with mutual respect for one another’s domain.
This thesis looks at three ‘holding together’ federal systems in India, Spain and South Africa. It seeks to answer three primary questions, viz., the What, the Why and the How. The first endeavour is to answer question what exactly are these central intervention mechanisms. Then this paper attempts to decipher the reason why these provisions are included in these countries. Lastly, the paper examines through real world examples in these countries to discover if these provisions are really being used in the manner that the constitution had envisaged them to be used and analyses the potential for abuse of these provisions.
Supervisor Böckenförde, Markus
Department Legal Studies MA
Full texthttps://www.etd.ceu.edu/2020/sagar_pavan.pdf

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