Understanding The Principles For Interpretation Of Legislative Lists
- IJLLR Journal
- Feb 5
- 1 min read
Arjun Girish, Amity Law School, Noida
ABSTRACT
The foundation of India's constitutional federal system is the division of legislative authority between the Union and the States. The Union List, State List, and Concurrent List—the three legislative lists found in the Seventh Schedule of the Constitution—are principally responsible for this distribution. However, overlaps, uncertainties, and disagreements about legislative competence have often resulted from the intrinsic range of legislative entries and the changing character of governance. In order to maintain the delicate balance of federal power and to guide the interpretation of these legislative lists, the Indian judiciary has developed a number of well- established constitutional principles.
The ideas guiding the interpretation of legislative lists are examined in this essay, along with their function in preserving the constitutional balance between the Union and the States. It explores the doctrinal foundations and judicial application of key interpretative principles such as the Doctrine of Pith and Substance, the Doctrine of Harmonious Construction, the Doctrine of Colourable Legislation, the Doctrine of Territorial Nexus, and the Doctrine of Repugnancy. The paper shows how courts have continuously taken a liberal and purposeful approach to reading legislative entry while making sure that one level of government does not infringe onto the exclusive realm of the other through a thorough analysis of significant court rulings.
