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Analysis Of Implications Of Central Laws On The State List




Kotta Lakshmi Sharan, School of Law, Christ (deemed to be University)


ABSTRACT


This paper discusses the consequences of central laws on the State List in the Indian federal system with particular focus on the constitutional and judicial procedures that stipulate the allocation of legislative authority between the Union and States. It critically looks at the ways in which the constitutional provisions of Articles 249, 250, 252, 253 and 356 allow the Central government to legislate on State subjects straight away causing tensions with the State autonomy. The paper examines such judicial doctrines as the pith and substance and the concept of repugnancy that are used to interpret the validity of the legislation and to solve the conflicts. The paper has outlined the changing nature of the balance between the power of the central government and the sovereignty of the States, particularly the economic reforms of GST and social reforms like the farm laws. The study highlights the need to uphold federal harmony, State autonomy, and cooperative federalism in the Indian constitution.


Keywords: Federalism, List of States, Central Laws, case law, Constitution Law, India, Parliamentary Power, Federal balancing, judicial interpretation, cooperative federalism.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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