QUES . From the resolution of contentious issues regarding distribution of legislative powers by the courts, ‘Principle of Federal Supremacy’ and ‘Harmonious Construction’ have emerged. Explain. UPSC 2019 GS MAINS PAPER 2. 150 words. 10 Marks
HINTS:
Constitution of India has provided for division of legislative powers between the centre and state in
seventh schedule under the union list, state list and concurrent list. However, this division is not
watertight and rigid. This has led to frequent conflicts between centre and states regarding their
legislative powers.
The resolution of contentious issues surrounding the distribution of legislative powers by the courts has given rise to two crucial principles in constitutional law: the ‘Principle of Federal Supremacy’ and ‘Harmonious Construction.’ These principles play an important role in maintaining a delicate balance between federal and state authorities within a constitutional framework.
Principle of Federal Supremacy
Principle of federal supremacy refers to the principle wherein the centre will have predominance in legislative powers and even if there is any conflict between centre and state, central law will prevail.
Constitution itself has provided for it. According to Article 246, if there is a conflict between Union and State laws on subjects in the Concurrent List, the Union law prevails, establishing the Principle of Federal Supremacy in India.
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This principle is rooted in the unitary nature of Indian constitution, highlighting the need for a unified legal system to prevent inconsistencies and ensure the uniform application of laws across the nation.
Even Supreme Court has upheld it many times. In the case Tika Ramji vs. State of Uttar Pradesh (1956), the Supreme Court upheld the constitutional validity of the Essential Commodities Act, 1955, enacted by the Union Government, ruling that the Union law prevailed over conflicting state laws.
Principle of Harmonious Construction
According to this principle, the provision of a statute should not be interpreted in isolation but as a whole in order to remove any inconsistency or repugnancy.
The Harmonious Construction approach is used by the Indian judiciary to interpret and reconcile seemingly conflicting provisions of Union and State laws or constitutional provisions, ensuring their coexistence and harmonious functioning. It promotes a cooperative and collaborative approach.
Pointing out the fundamental aspect of Indian Federalism, B. P. Jeevan Reddy, in S. R. Bommai v. Union of India observed that “within the sphere allotted to them, the States are supreme. The Centre cannot tamper with their powers.
Five principles of the rule of Harmonious Construction
The Supreme Court laid down five principles of rule of Harmonious Construction in the landmark case of CIT v Hindustan Bulk Carriers. The principles are:
1 . The courts must avoid a head on clash of seemingly contradicting provisions and they must construe the contradictory provisions so as to harmonize them.
2 . The provision of one section cannot be used to defeat the provision contained in another unless the court, despite all its effort, is unable to find a way to reconcile their differences.
3 . When it is impossible to completely reconcile the differences in contradictory provisions, the courts must interpret them in such as way so that effect is given to both the provisions as much as possible.
4 . Courts must also keep in mind that interpretation that reduces one provision to a useless number or dead is not harmonious construction.
5 . To harmonize is not to destroy any statutory provision or to render it fruitless.
Supreme Court has invoked this principle in various cases to resolve legislative disputes like in Venkataramana Devaru v. State of Mysore, Calcutta Gas Company Pvt. Limited v State of West Bengal etc.
Hence, Supreme Court by evolving the ‘Principle of Federal Supremacy’ and ‘Harmonious Construction’ has ensured that federal coordination prevail between centre and state. Together, these principles provide a legal framework that fosters unity, coherence, and effective governance while respecting the distinct spheres of authority allocated to the federal and state governments.
External link: https://interstatecouncil.gov.in/wp-content/uploads/2015/06/CHAPTERIII.pdf
