Basic legal principle clarity
Querist :
Anonymous
(Querist) 07 September 2011
This query is : Resolved
IF THERE IS CONTRADICTION ON ANY POINT WHICH IS DEALT BY CENTRAL ACTS AND STATE LOCAL ACT .THEN WHICH LAW WILL PREVAIL ON YHAT POINT CENTRAL ACT OR STATE LOCAL ACT.PLEASE CLARIFY.
A V Vishal
(Expert) 07 September 2011
The central act prevails.
prabhakar singh
(Expert) 07 September 2011
CENTRAL ACT PREVAILS IF THERE IS CONTRADICTION ON ANY POINT BETWEEN THE TWO.
Guest
(Expert) 07 September 2011
I also agree with the experts.
girish shringi
(Expert) 09 September 2011
I DIFFER WITH EXPERTS.
CENTRAL LAW"Income Tax"says anyone can have agricultural Income,However local Acts of various states not allowing to purchase agri land to non farmer,how come?
Likewise Constitution of India allow to do any business or profession to the Indian citizen,then why a person in Tn not able to do the business of liquor in Tn?
These are some of the examples.Many more are there.
R.Ramachandran
(Expert) 09 September 2011
Dear Mr. Girish,
I thought by this time you would be clear about the three Lists i.e. Central List, State List and Concurrent list in the VII Schedule to the Constitution.
I also thought you would be aware that while "Income Tax Act" is the Central Subject, the land is the State Subject.
Again, liquor is a State Subject.
In any of the examples cited by you, there is really no conflict in law. Whenever one talks about conflict of law, it will arise only in the case of laws made under Concurrent list. In such a case, the law made by parliament will prevail. That is the issue.
Unfortunately, due to lack of clarify, you seem to have mixed up issues and consequently cited wrong examples.
