The Supreme Court prima facie found no harm in State Legislative Assemblies, passing resolutions against Central laws.
Context
The Supreme Court prima facie found no harm in State Legislative Assemblies, passing resolutions against Central laws.
SC’s take on the issue
- The court was hearing a PIL saying that states have no business passing resolutions against Central laws that come under the Union List of the Seventh Schedule of the Constitution.
- Supreme Court said that these resolutions are mere “opinions” of the majority members of a Legislative Assembly and do not have the force of law.
Seventh Schedule of the Constitution
- The 7th Schedule of the Indian Constitution deals with the division of powers between the Union government and State governments.
- It is a part of 12 Schedules of the Indian Constitution.
- The division of powers between Union and State is notified through three kinds of the list mentioned in the seventh schedule:
- Union List, State List, and Concurrent List
- Some Important provisions regarding the lists
- The dominance of Union List over State List is secured by the Constitution of India as in any conflict between the two or overlapping, the Union List prevails
- On states’ resolution, the law made is only applicable to such states that passed a resolution. However, other states can too adopt it by, passing the same resolution.
- The law made by the Parliament on States’ resolution can be amended or repealed by the Parliament only and not the states:
- For the implementation of International Agreements
- During President’s Rule
- While both Central and State Government can legislate on subjects mentioned under the Concurrent List, however, in case of any conflict, the law made by the Central Government prevails
