Sunidhi Singh 26 January 2021

Doctrine of occupied field

What is the Doctrine of Occupied Field with respect to the Indian Constitution?

Quick Summary

The Doctrine of Occupied Field, within the Indian Constitution, addresses situations where state legislative entries are made subject to Union or Concurrent List entries. It clarifies that even an un-notified central law can prevail over a state law if the central government has legislative competence. This principle ensures that central legislation takes precedence when the field is occupied by a Union law, regardless of its operational commencement.

2 Replies

Mansi Aggarwal 22 February 2021

Hello, thank you for your query.

Doctrine of occupied field thoroughly refers to those legislative entries of state List, which are expressly made 'subject' to a corresponding entry either in the Union List or the Concurrent List.

This doctrine is only concerned with the existence of legislative power.

Under Article 254 of the Indian Constitution, as soon as a union law receives assent of the President, it is said to be a law made by the parliament. The actual commencement of the law is not important for the purpose of application of Occupied Field.

In the case of State of Kerala vs. Mar Appraem Kuri, the Centre enacted the Chit Funds Act (Central Act). Central government would have to issue a notification under Section 3 of the Central Act if law was to become operative in any State. State of Kerala enacted a separate act. However, the Central Act did not get notified in Kerala resulting in a situation wherein there was only one Act in force-the Kerala Citties Act. Supreme Court held that even un-notifed Central law attracts article 254.

I hope this helps you.

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