Constitutional Law

When States Challenge the Center βš–οΈ


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πŸ›οΈ The Constitutional Chess Game

🌟 Imagine this: A state government passes a law, but there's already a central law on the same topic - and they completely contradict each other! Which one wins? This constitutional puzzle happens more often than you'd think in our federal system.

πŸ’‘ What You'll Discover:

  • πŸ” Why Article 254(1) usually gives central laws the upper hand
  • βš–οΈ The secret escape route for states through Presidential consent
  • 🎯 How Parliament can override even Presidential approval later
  • πŸ’ͺ The delicate balance between state autonomy and national unity

πŸš€ Real Cases Discussed:

  • πŸ’Ž Yogendra Kumar Jaiswal Case - Why Presidential consent isn't just a rubber stamp
  • ⭐ Kaiser-e-Hind Case - The landmark ruling on "active application of mind"
  • 🌟 Naim Bano Case - How Parliament retains the final word

🧩 The Three-Step Dance:

  • 🎭 Step 1: State must clearly explain exactly where laws conflict
  • πŸ€” Step 2: President must actively think and decide (no autopilot!)
  • πŸ›οΈ Step 3: Parliament can still override everything later

πŸŽ™οΈ This episode reveals the fascinating constitutional mechanism that keeps our federal system running - and asks the big question: Does this process truly empower states, or does it ultimately strengthen central authority?

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Constitutional LawBy Sharad Bansal