Constitutional Law

When States Can Override Federal Laws βš–οΈ


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πŸ›οΈ The Constitutional Chess Game Between Center and States

🌟 Picture this: Your state government wants to pass a new law to improve local services, but the central government already has a law on the same subject. Which one wins? The answer might surprise you!

πŸ’‘ What You'll Discover:

  • πŸ” The hidden Article 254 clause that lets states override central laws
  • βš–οΈ Why Presidential approval isn't just a rubber stamp - it requires "active application of mind"
  • 🎯 How the "pith and substance" doctrine prevents legal chaos
  • πŸ“š The difference between repugnancy (conflict) and harmonious coexistence

πŸš€ Real Cases Discussed:

  • πŸ’Ž Yogendra Kumar Jaiswal Case - How Bihar and Odisha successfully challenged central corruption laws
  • ⭐ Naeem Bano vs. Mohammad Rahees - The landlord-tenant dispute that showed Parliament's ultimate power
  • 🌾 Chhatri Ramji vs. State of UP - The sugarcane law that defined agricultural vs. industrial regulation

πŸŽ“ Key Constitutional Concepts Made Simple:

  • πŸ›οΈ Article 254 Clause 1: The general rule (central law wins)
  • πŸ”‘ Article 254 Clause 2: The special exception (states can win with Presidential approval)
  • ⚑ The Proviso: Parliament's trump card to override even approved state laws
  • 🎯 Pith and Substance: Looking at a law's true heart, not just its surface

πŸŽ™οΈ By the end, you'll understand the delicate balance of power in our federal system and how states can strategically navigate constitutional conflicts - knowledge that's crucial for anyone interested in how India's democracy really works!

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Constitutional LawBy Sharad Bansal