Legislative Competence: The Union and the States

This appeared in the Oxford Handbook of the Indian Constitution (OUP 2016)

36 Pages Posted: 31 Oct 2016  

V. Niranjan

One Essex Court

Date Written: March 2014

Abstract

This Chapter analyses a number of controversial questions relating to legislative competence in India. It argues that the current state of the law is unsatisfactory because the Supreme Court has conflated the concept of competence with the quite distinct concept of repugnance. It suggests that, properly analysed: (a) there is no 'aspect theory' under the Indian Constitution; (b) article 254 applies not only to laws passed under List III but also to laws passed under List I or List II; and (c) Mar Appraem Kuri and VK Sharma were wrongly decided.

Keywords: Indian Constitution; Legislative Competence; Repugnance; Federalism; Occupied Field; Government of India Act

Suggested Citation

Niranjan, V., Legislative Competence: The Union and the States (March 2014). This appeared in the Oxford Handbook of the Indian Constitution (OUP 2016). Available at SSRN: https://ssrn.com/abstract=2858565

V. Niranjan (Contact Author)

One Essex Court ( email )

Temple
London
United Kingdom

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