Name: The Preamble to the Indian Constitution
Uploaded: 2019-07-19
Duration: 18 min 9 s
Description: The concerning video discusses the Preamble to the Indian Constitution, Ideals, Aspiration of the Preamble, Amendments done in the constitution till now.

Question

From the resolution of contentious issues regarding distribution of legislative powers by the courts, 'Principle of Federal Supremacy' and 'Harmonious Construction' have emerged. Explain.

Accepted Answer

A fundamental characteristic of federalism is the division of authority. The Constitution divides legislative issues into three lists: the Union list, the State List, and the Concurrent List in the Seventh Schedule. However, there is disagreement on how to categorise laws into these three lists. Courts have developed numerous principles to address these disagreements.

Principle of harmonious construction:

When the terms of the statute dispute between the union and state lists, the rule of harmonious construction must be applied. The rule is based on the fundamental notion that every statute has a purpose and should be studied in its entirety.

For example, in Shri Krishna Rangnath Mudholkar versus Gujarat University, , a controversy between the centre and the state occurred over the legitimacy of the Gujarat University Act. This approach was applied by the court to allow the state government to legislate on excluded topics (reserved for the centre) as an extension of its ability to legislate on education, as long as it did not violate the union legislation.

Principle of Federal Supremacy:

Conflicts should be avoided as much as possible in the era of cooperative and competitive federalism. States should reform essential sectors such as law enforcement, agriculture marketing, and other areas, and engage with other states and the federal government to create a standard legislative framework in key areas. With recent initiatives such as the "one nation, one ration card," more federal coordination is required.

M Laxmikanth Solutions for Chapter: UPSC Questions on Indian Polity (Mains), Exercise 10: 2019 Test Paper

M Laxmikanth Indian Polity Solutions for Exercise - M Laxmikanth Solutions for Chapter: UPSC Questions on Indian Polity (Mains), Exercise 10: 2019 Test Paper

Questions from M Laxmikanth Solutions for Chapter: UPSC Questions on Indian Polity (Mains), Exercise 10: 2019 Test Paper with Hints & Solutions

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