State law v/s central law
Sumir
(Querist) 12 August 2011
This query is : Resolved
If any conflict arise between state law and central law, both going against each other, then which shall be followed, why?
R.Ramachandran
(Expert) 12 August 2011
Dear Mr. Sumir,
I understand you are a Student.
Therefore I would advise you to go through the Commentary on Constitutional Law where the question posed by you has been very widely discussed. Please concentrate on the doctrine of "pith and substance", "repugnancy" etc., it will give you a very good idea and answer to your query.
Ravikant Soni
(Expert) 12 August 2011
Article 251. Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the Legislatures of States.—
Nothing in articles 249 and 250 shall restrict the power of the Legislature of a State to make any law which under this Constitution it has power to make, but if any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament has under either of the said articles power to make, the law made by Parliament, whether passed before or after the law made by the Legislature of the State, shall prevail, and the law made by the Legislature of the State shall to the extent of the repugnancy, but so long only as the law made by Parliament continues to have effect, be inoperative.
girish shringi
(Expert) 15 August 2011
I do agree with the expert.
It is not in our country it happens everywhere in the world whether its U.K. or U.S.,where states are empowered to have their own legislation.VEry recent case is of Lesbian marriage.
