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
Date Written: March 2014
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: Suggested Citation