From the resolution of contentious issues regarding distribution of legislative powers by the courts, 'Principle of Federal Supremacy' and 'Harmonious Construction' have emerged. Explain. (UPSC IAS Mains 2019 General Studies Paper – 2)
- Division of power is a basic feature of federalism. The Constitution provides for a three-fold distribution of legislative subjects between the Union list, the state ist, and the Concurrent List in the Seventh Schedule. However, contention develops in categorization of legislation into the entries of these three lists. To resolve these contentions, courts have evolved various principles.
Principle of harmonious construction
- When there is a conflict between the statue’s provisions between the union and state list then the rule of harmonious construction needs to be adopted. The rule follows a very simple premise that every statute has a purpose and intent and should be read as a whole. The widest interpretation of the provisions of the statute should be allowed. Also, the Court should help in removal of the inconsistency of the statute’s language in order to reconcile the contention. For instance, the conflict between centre and state arose in Shri Krishna Rangnath Mudholkar vs Gujarat University, 1963 on the validity of Gujrat University Act. The court used this principle to allow the State government to make law on excluded items(reserved for the centre) as an extension to its power to legislate on education, to the extent it does not contradict the union law.
Principle of Federal Supremacy
- When a statute’s provisions fall in both state and union list, then the centre would have the dominant legislative power. The state and concurrent list are subordinate to the Union list. The Supreme court can apply this principle as a last resort if attempts to find a solution under the Principle of Federal Supremacy fails.
- In the era of cooperative and competitive federalism, conflicts should be minimized as far as possible. States should bring reform in important areas like Police, Agriculture marketing, etc. and coordinate with other states and centre in order to have a uniform legislative framework in key areas. With the recent steps like one nation, one ration card, more federal cooperation would be necessary.
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