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Que. From the resolution of contentious issues regarding distribution of legislative powers by the courts, ‘Principle of Federal Supremacy’ and ‘Harmonious Construction’ have emerged. Explain. (150 words, 10 marks)

UPSC CSE : 2019

Answer: 

Approach:

Introduction

  • Introduce the Indian federal system and its quasi-federal nature. Also, briefly mention the Principle of Federal Supremacy and Harmonious Construction approach.

Body

  • Explain the distribution of legislative powers in India using the Seventh Schedule and Article 246 of the Constitution.
  • Discuss the Principle of Federal Supremacy in India, with a relevant example (Tika Ramji vs. State of Uttar Pradesh).
  • Explain the Harmonious Construction approach and its application in India, with a relevant example (State of Rajasthan vs. G. Chawla).

Conclusion

  • Write a relevant conclusion.

Introduction:

The Indian federal system is characterized by its quasi-federal nature, where the central government holds more powers than state governments. In this context, the Principle of Federal Supremacy and the Harmonious Construction approach have emerged as essential doctrines for resolving disputes regarding the distribution of legislative powers between the Union and State Governments.

Body:

Principle of Federal Supremacy:

  • The Constitution of India outlines the distribution of legislative powers under the Seventh Schedule, which contains three lists: Union List, State List, and Concurrent List.
  • According to Article 246, if there is a conflict between Union and State laws on subjects in the Concurrent List, the Union law prevails, establishing the Principle of Federal Supremacy in India.
  • A notable example of this principle’s application is the case of Tika Ramji vs. State of Uttar Pradesh (1956), where the Supreme Court upheld the constitutional validity of the Essential Commodities Act, 1955, enacted by the Union Government, ruling that the Union law prevailed over conflicting state laws.

Harmonious Construction:

  • The Harmonious Construction approach is used by the Indian judiciary to interpret and reconcile seemingly conflicting provisions of Union and State laws or constitutional provisions, ensuring their coexistence and harmonious functioning.
  • In the case of State of Rajasthan vs. G. Chawla (1959), the Supreme Court of India applied the Harmonious Construction principle to resolve a conflict between a Union law (Prevention of Corruption Act, 1947) and a State law (Rajasthan Public Servants (Salaries and Allowances) Act, 1956). The Court held that both laws could coexist and operate within their respective fields without conflicting with each other.

Conclusion:

These doctrines help resolve contentious issues regarding the distribution of legislative powers and promote harmony within the Indian constitutional framework.

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UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
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Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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