Principles of Federal Supremacy and Harmonious Construction
The 5 principles laid down by Supreme Court on the rule of harmonious construction in the landmark case of CIT Vs Hindustan Bulk Carriers. On case by case basis the courts with held the supremacy of the federal structure some time giving weight to center and sometime to state. The distribution of legislative power between the center and the states is the most important aspect of Indian federal structure. 7th schedule of the constitution had made elaborate provisions for division of legislative powers through lists (List 1-Union, List 2-State, List 3-Concurrent list). Even though lists are clearly itemized, some overlapping nature of these lists will lead to conflicts.For Example: Animal Husbandry Vs Prevention of Cruelty against animals. ...