FEDERALISM CAN ALSO BE “UNCOOPERATIVE”: AN ANALYSIS WITH A RECENT JUDGMENT OF SUPREME COURT.

Abstract

This article explores a gap in federalism literature, introducing the concept of "uncooperative federalism." Scholars have traditionally viewed federal-state relations as either rivalrous or cooperative. However, this framework neglects the possibility of states using regulatory power to resist federal policy, a phenomenon termed "uncooperative federalism." This concept is exemplified in a recent Supreme Court judgment (Union of India & Anr. v. M/s Mohit Minerals Pvt. Ltd. Through Director), which highlights the importance of democracy and equal powers in federalism. The court struck down government notifications that levied Integrated Goods and Services Tax (IGST) on ocean freight, citing double taxation and unconstitutionality. The judgment emphasizes that states can exercise legitimate dissent and challenge federal mandates, even when vested with lesser powers.