Q17.From the resolution of contentious issues regarding the distribution of legislative powers by the courts, the ‘Principle of Federal Supremacy’ and ‘Harmonious Construction’ has emerged.

The Indian Constitution establishes a federal system with a clear distribution of legislative powers via the Seventh Schedule (Article 246). However, potential overlaps and conflicts necessitate judicial intervention, leading to the evolution of crucial principles.

Principle of Federal Supremacy

This principle dictates that in case of a direct conflict between Union and State laws on a subject in the Concurrent List, the Union law prevails (Article 254). Parliament also holds residuary powers, reinforcing the Centre's role.

Principle of Harmonious Construction

Complementing this is Harmonious Construction, where courts interpret seemingly conflicting legislative provisions to give effect to both, assuming no legislative intent to create irreconcilable conflict. This prevents unnecessary invalidation of state laws.

These judicially evolved principles are indispensable for resolving legislative disputes, ensuring the smooth functioning of federalism, preventing legislative paralysis, and maintaining the delicate balance between a strong Centre and state autonomy, thereby upholding constitutional integrity.