Model Answer
0 min readIntroduction
India, despite being a Union of States, exhibits federal features. The Constitution, through its scheme of distribution of legislative powers (Article 246), attempts to delineate the areas of competence between the Union and the States. However, inherent ambiguities and conflicts have necessitated judicial intervention. Over time, the Supreme Court has developed doctrines like the ‘Principle of Federal Supremacy’ and ‘Harmonious Construction’ to resolve these contentious issues, ensuring the smooth functioning of the federal polity and upholding the constitutional scheme. These principles aren’t explicitly mentioned in the Constitution but have been judicially evolved.
Principle of Federal Supremacy
This principle, established in S.R. Bommai v. Union of India (1994), asserts the supremacy of the Constitution as the ultimate source of power. While both the Union and States derive their powers from the Constitution, the Union’s legislative competence is not necessarily ‘supreme’ in all matters. The principle emphasizes that the Constitution is the supreme law of the land, and all laws, whether made by the Union or the States, must conform to its provisions.
- It doesn’t imply the Union is superior in all aspects, but rather that the Constitution’s provisions prevail.
- The Court has the power to strike down laws made by either the Union or the States if they violate the Constitution.
- This principle safeguards the basic structure of the Constitution, including federalism.
Harmonious Construction
The doctrine of ‘Harmonious Construction’, articulated in cases like Re Kerala Education Bill (1957), directs the courts to interpret statutes in a way that avoids conflict between different provisions of the Constitution or between Union and State laws. The aim is to give effect to both sets of laws, recognizing the respective spheres of competence.
- When a conflict arises, the court attempts to reconcile the provisions by interpreting them in a manner that gives meaning to both.
- If reconciliation is impossible, the court will give precedence to the constitutional provision or the law that is more directly related to the subject matter.
- This principle promotes cooperative federalism by encouraging a constructive approach to resolving disputes.
Application & Examples
The application of these principles can be illustrated through several cases:
- 24th Amendment Case (1973): The Supreme Court upheld the validity of the 24th Amendment, which altered the scope of Article 368 (constitutional amendment), demonstrating the principle of federal supremacy by affirming the Parliament’s power to amend the Constitution, even concerning federal provisions, as long as the basic structure is not altered.
- Entry 42 of List II (State List) vs. Entry 20 of List I (Union List): Cases involving taxation of electricity have seen the application of harmonious construction, balancing the State’s power to tax consumption and the Union’s power to tax production.
| Principle | Focus | Objective |
|---|---|---|
| Federal Supremacy | Constitution as the ultimate source of power | Upholding the constitutional scheme and basic structure |
| Harmonious Construction | Reconciling conflicting provisions | Promoting cooperative federalism and giving effect to both Union & State laws |
Conclusion
The principles of Federal Supremacy and Harmonious Construction are vital for maintaining the delicate balance of power within India’s federal structure. They demonstrate the judiciary’s proactive role in interpreting the Constitution and resolving disputes between the Union and the States. These doctrines, evolved through judicial pronouncements, are not merely legal principles but also reflect a commitment to preserving the spirit of cooperative federalism and ensuring the effective functioning of the Indian polity. Their continued relevance is crucial in navigating the evolving dynamics of Centre-State relations.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.