Constitutional Law

When State & Central Laws Clash βš–οΈ


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πŸ›οΈ The Great Legal Clash: When Two Governments Make Opposite Laws

🌟 Imagine this: Your state government creates a new law about water supply, and then the central government creates a completely different law on the same topic. Which one wins? This mind-bending legal puzzle affects millions of Indians every day!

πŸ’‘ What You'll Discover:

  • πŸ” The concept of 'repugnancy' - when laws fight each other (and who usually wins)
  • βš–οΈ How Article 254 of the Constitution acts like a referee in these legal battles
  • 🎯 The three simple tests courts use to decide which law survives
  • πŸ† Why Parliament almost always has the final say (even when the President approves state laws)

πŸš€ Real Cases Discussed:

  • πŸ’Ž Naeem Bano vs. Mohammad Rahees & Others (2024) - The Supreme Court case that perfectly explains how law conflicts work in practice
  • ⭐ Transfer of Property Act, 1882 (Section 106) - How one section got amended by both UP state (1954) and Parliament (2002), creating chaos

🎯 Key Legal Concepts Made Simple:

  • πŸ“‹ Concurrent List - Topics where both governments can make laws (and why this creates problems)
  • πŸ”„ Implied Repeal - How newer laws automatically cancel older conflicting ones
  • 🏒 Occupied Field Doctrine - When central government takes complete control of a topic

πŸŽ™οΈ Perfect for lawyers, students, and anyone curious about how India's complex legal system actually works when governments disagree. You'll never look at conflicting news about laws the same way again!

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Constitutional LawBy Sharad Bansal