UPSC Previous Year Question | Mains GS2 | 2020
From the resolution of contentious issues regarding distribution of legislative powers by the courts, ‘Principle of Federal Supremacy’ and ‘Harmonious Construction’ have emerged. Explain. (Answer in 150 words)
Answer
Introduction
The Seventh Schedule distributes legislative fields, but overlaps between Union, State and Concurrent Lists require judicial principles for reconciliation.
Analysis
Federal supremacy
Under Article 246, a valid Union law prevails over a conflicting State law in the Concurrent field; in repugnancy, Article 254 generally gives Union law priority, subject to presidential assent and subsequent parliamentary override.
Harmonious construction
- Courts first interpret entries broadly enough to give effect to both levels of government.
- There is no automatic presumption that one entry destroys another; the pith and substance of legislation is examined.
- Genuine conflict is resolved only after reconciliation is impossible.
- Incidental encroachment does not invalidate a law when its true subject lies within the enacting legislature’s competence.
Conclusion
These doctrines preserve both national coherence and federal autonomy, preventing mechanical readings of legislative lists.
Keywords
federal supremacy; harmonious construction; Article 246; pith and substance
Topics: constitutional interpretation, federalism, legislative powers, polity