Query on Constitution of India (General & Commercial Laws)
This query is : Resolved
29 December 2009
Note: Please reply with valid reasons.
Query: Are the following laws valid?
(a) A law of Parliament made with respect to a subject enumerated in the State list on which State has made no law;
(b) A law of Parliament on a subject enumerated in the concurrent list on which the State law already exists.
Query: Are the following laws valid?
(a) A law of Parliament made with respect to a subject enumerated in the State list on which State has made no law;
(b) A law of Parliament on a subject enumerated in the concurrent list on which the State law already exists.
10 August 2024
In the context of the Indian Constitution, the validity and application of laws made by Parliament and State Legislatures depend on the subject matter of the legislation and the lists provided in the Constitution. Here’s a detailed explanation addressing the queries:
### **1. Laws Made by Parliament on Subjects Enumerated in the State List**
**Query:**
(a) A law of Parliament made with respect to a subject enumerated in the State List on which the State has made no law.
**Validity and Reasoning:**
- **State List:** The State List contains subjects on which only State Legislatures can make laws, as per the Seventh Schedule of the Constitution of India (Article 246). These are subjects that fall primarily within the jurisdiction of individual states.
- **Parliamentary Law on State List Subject:** Generally, Parliament cannot make laws on subjects enumerated in the State List, except in specific circumstances outlined in the Constitution.
- **Exceptions and Validity:**
1. **Article 249:** If the Rajya Sabha (Council of States) passes a resolution by a resolution motion declaring that a matter in the State List is of national importance, Parliament can make laws on such matters.
2. **Article 252:** Parliament can legislate on a State List subject if two or more states request it through resolutions.
3. **Article 253:** Parliament can make laws for implementing international treaties or agreements on State List matters.
**Conclusion:**
A law of Parliament made with respect to a subject in the State List where no State law exists is generally not valid unless it falls under the exceptions provided by the Constitution (Articles 249, 252, or 253).
### **2. Laws Made by Parliament on Subjects Enumerated in the Concurrent List**
**Query:**
(b) A law of Parliament on a subject enumerated in the Concurrent List on which the State law already exists.
**Validity and Reasoning:**
- **Concurrent List:** The Concurrent List contains subjects on which both Parliament and State Legislatures can make laws (Article 246).
- **Parliamentary Law vs. State Law:**
1. **Article 254:** If there is a conflict between a Central law and a State law on a subject in the Concurrent List, the Central law prevails. However, if the State law has received the President's assent, it will prevail over the Central law.
2. **Article 254(2):** If a State law is inconsistent with a Central law and has received the President's assent, the State law will prevail.
**Conclusion:**
A law of Parliament made on a subject in the Concurrent List, where a State law already exists, is valid and will override the State law in case of a conflict. However, if the State law has received Presidential assent, it will prevail over the Central law.
### **Summary:**
- **On State List Subjects:** Parliament cannot make laws unless under specific circumstances (Articles 249, 252, 253). Without these exceptions, such laws are invalid.
- **On Concurrent List Subjects:** Parliamentary laws are valid and will override State laws in case of conflict unless the State law has received Presidential assent.
Understanding the interplay between Central and State laws is crucial for the functioning of India's federal structure, and the Constitution provides a framework to resolve conflicts and ensure legal coherence.
### **1. Laws Made by Parliament on Subjects Enumerated in the State List**
**Query:**
(a) A law of Parliament made with respect to a subject enumerated in the State List on which the State has made no law.
**Validity and Reasoning:**
- **State List:** The State List contains subjects on which only State Legislatures can make laws, as per the Seventh Schedule of the Constitution of India (Article 246). These are subjects that fall primarily within the jurisdiction of individual states.
- **Parliamentary Law on State List Subject:** Generally, Parliament cannot make laws on subjects enumerated in the State List, except in specific circumstances outlined in the Constitution.
- **Exceptions and Validity:**
1. **Article 249:** If the Rajya Sabha (Council of States) passes a resolution by a resolution motion declaring that a matter in the State List is of national importance, Parliament can make laws on such matters.
2. **Article 252:** Parliament can legislate on a State List subject if two or more states request it through resolutions.
3. **Article 253:** Parliament can make laws for implementing international treaties or agreements on State List matters.
**Conclusion:**
A law of Parliament made with respect to a subject in the State List where no State law exists is generally not valid unless it falls under the exceptions provided by the Constitution (Articles 249, 252, or 253).
### **2. Laws Made by Parliament on Subjects Enumerated in the Concurrent List**
**Query:**
(b) A law of Parliament on a subject enumerated in the Concurrent List on which the State law already exists.
**Validity and Reasoning:**
- **Concurrent List:** The Concurrent List contains subjects on which both Parliament and State Legislatures can make laws (Article 246).
- **Parliamentary Law vs. State Law:**
1. **Article 254:** If there is a conflict between a Central law and a State law on a subject in the Concurrent List, the Central law prevails. However, if the State law has received the President's assent, it will prevail over the Central law.
2. **Article 254(2):** If a State law is inconsistent with a Central law and has received the President's assent, the State law will prevail.
**Conclusion:**
A law of Parliament made on a subject in the Concurrent List, where a State law already exists, is valid and will override the State law in case of a conflict. However, if the State law has received Presidential assent, it will prevail over the Central law.
### **Summary:**
- **On State List Subjects:** Parliament cannot make laws unless under specific circumstances (Articles 249, 252, 253). Without these exceptions, such laws are invalid.
- **On Concurrent List Subjects:** Parliamentary laws are valid and will override State laws in case of conflict unless the State law has received Presidential assent.
Understanding the interplay between Central and State laws is crucial for the functioning of India's federal structure, and the Constitution provides a framework to resolve conflicts and ensure legal coherence.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Capital gain from sale of house property
- INTEREST APPLICABLE ON ITC REVERSAL PORTION
- TDS on Purchase of Immovable Property by NRI from NRI
- Current Account Opening for Sole Proprietorship with Udyam Certificate - Zero Turnover
- Copyright software
- Before GSTAT- APL-02 Vs APL-04
- Annual return in Gst
- FORM 26A APPLICABILITY
- Multiple trade mark
- Transporter Declaration form
- Opting our of sec 44AD
- GST Treatment of Insurance Commission for Existing GST Holder
- Cash gift by grand mother to her grand daughter
- Tax amount diff in Gstr1 and 3B in tax compare reports
- Tds on GST in connection with sale to public company
- Restoration of certificate of practice
- Regarding change in correspondence address in SSP portal
- No Compliences after incorporation
- USEFUL LIFE OF USED/SECOND HAND COMMERCIAL VEHICLES
- Claiming TDS deducted by builder on Hardship compensation and Corpus
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
CAclubindia
