Doctrine of Pith & Substance | Article 246 | Constitution of India

Summary

This video provides an in-depth analysis of the division of legislative powers between the central and state governments in India as outlined in the Constitution. It focuses on key articles like Article 226, which grants the judiciary the authority to review laws made by both levels of government. The video also explores judicial interpretations, particularly the Supreme Court's role in resolving conflicts between central and state legislation. Real-world cases, such as *Subrahmanyam v. Union of India* and the *Bank of Commerce Case*, are discussed to illustrate the application of these constitutional principles.

Takeaways

• 😀 The Constitution of India divides legislative powers between the central and state governments into three distinct lists: Union List, State List, and Concurrent List.
• 😀 The Union List includes subjects on which only the central government can legislate, such as defense and foreign affairs.
• 😀 The State List covers subjects on which only state governments can make laws, such as police and public health.
• 😀 The Concurrent List allows both central and state governments to legislate, but in case of conflict, central law prevails.
• 😀 Article 226 of the Indian Constitution grants High Courts the authority to issue writs for enforcing fundamental rights and addressing constitutional violations.
• 😀 Judicial scrutiny ensures that laws made by both central and state governments comply with the Constitution, with the judiciary having the power to declare invalid any laws that exceed their jurisdiction.
• 😀 The concept of 'Ultra Vires' plays a key role, whereby laws made beyond constitutional authority can be struck down by the courts.
• 😀 Case law such as the Subrahmanyam (2011) case highlights the role of the judiciary in resolving conflicts between central and state laws.
• 😀 The central government’s legislative powers are generally more dominant, as seen in cases where the central law supersedes state law in matters of national importance.
• 😀 The division of legislative powers aims to balance the autonomy of states while maintaining the central government's control over critical national matters.
• 😀 It is essential for both the central and state legislatures to ensure that the laws they enact do not violate the constitutional boundaries, maintaining a functional federal structure.

Q & A

What does the Indian Constitution's Seventh Schedule contain?

The Seventh Schedule of the Indian Constitution contains three lists: the Union List, the State List, and the Concurrent List. These lists define the subjects on which the central and state governments can legislate.

What is the significance of Article 226 in the Indian Constitution?

Article 226 grants the High Courts the power to issue writs for the enforcement of fundamental rights and for any other purpose. This includes reviewing the constitutionality of laws and ensuring they conform to the Constitution.

What is the meaning of 'ultra vires' in the context of Indian constitutional law?

'Ultra vires' refers to a law or act that exceeds the legal authority granted to the legislature or government. In such cases, the law can be declared invalid by the courts.

What is the role of the judiciary in examining the validity of laws made by central and state governments?

The judiciary ensures that laws made by the central and state governments are constitutionally valid. It checks whether the laws are within the scope of the legislative powers granted to each government under the Constitution.

How does the division of legislative powers work between the central and state governments?

The division of powers is outlined in the Seventh Schedule. The central government can legislate on matters in the Union List, while state governments legislate on matters in the State List. Both can legislate on subjects in the Concurrent List.

What is the role of the Union List, the State List, and the Concurrent List in lawmaking?

The Union List contains subjects on which only the central government can legislate. The State List contains subjects on which only the state governments can legislate. The Concurrent List includes subjects on which both central and state governments can legislate, but in case of conflict, central laws prevail.

What was the significance of the 2011 Subramaniam case mentioned in the script?

The Subramaniam case in 2011 dealt with issues regarding money lending and financial laws. It demonstrated how courts interpret and enforce the constitutionality of laws and clarified the relationship between central and state laws on similar subjects.

What is meant by 'judicial review' in the context of the Indian legal system?

Judicial review refers to the power of the judiciary to examine the constitutionality of laws and government actions. If a law or action is found to be in conflict with the Constitution, it can be declared void.

How do courts determine the validity of laws made by state legislatures?

Courts determine the validity of laws by checking whether they fall within the scope of the subjects in the State List or whether they exceed the powers granted to the state legislature under the Constitution.

Why is it important to understand the division of powers between central and state governments?

Understanding the division of powers is crucial for ensuring that laws are made within constitutional bounds. It also helps clarify the jurisdiction of each government, ensuring that legislative actions do not conflict with the Constitution.