What happen if the union legislature makes an act against the provision of Indian Constitution?

What happen if the union legislature makes an act against the provision of Indian Constitution?

When the Union Legislature makes any Act against the provision of the Indian Constitution, the Judicial Review is applicable. The judges of the Supreme Court have been given the task of upholding the constitution.

What happens when there is a conflict between a central law and state law?

In case of a conflict between the Central law and the state law on a subject enumerated in the Concurrent List, the Central law prevails over the state law. If the state law has been reserved for the consideration of the president and has received his assent, then the state law prevails in that state.

Under what circumstances the Union Parliament can legislate on the subject of the State List?

If Lok Sabha passes a resolution by two-thirds majority that it is in national interest to do so. 2. When the legislatures of two or more States request Parliament to legislate on a State subject.

Can an Act of Parliament be challenged in India?

Constituent power of Parliament The procedure is laid out in Article 368. The basic structure of the Indian Constitution cannot be altered or destroyed through constitutional amendments under the constituent powers of the Parliament without undergoing judicial review by the Supreme Court.

What is the legislative relationship between state and union?

The legislative ties between the centre and state are governed by Articles 245 to 255 of Part XI of the Constitution. It sets out a double division between the Union and the states with legislative powers i.e, in territorial recognition and relation to the subject.

What happens in case of conflict regarding the legislation in the Concurrent List?

In case of a conflict between the Central law and the state law on a subject enumerated in the Concurrent List, the Central law prevails over the state law.

What happens if the union Parliament and the state legislature make a law on the same subject?

Under Article 251, if the Parliament has made law on a state subject under Article 249 or 250 and the State legislature makes a law on the same subject, then the State law would be subject to the doctrine of repugnancy.

When the Parliament can legislate on the matters in the State List?

As per Article 249, the Parliament can make laws on items in the State List if the Rajya Sabha passes a resolution by ⅔ majority of its members present and voting, that it is necessary for the Parliament to make laws on any item enumerated in the State List, in the national interest.

Can an Act of Parliament be judicially reviewed?

Can the courts overturn legislation in judicial review cases? The courts cannot overturn or quash primary legislation passed by parliament. This is because, in the UK constitution, parliament is sovereign. The courts can overturn secondary legislation, made by ministers, on the normal grounds of judicial review.

How are legislature powers divided between Union and state governments in India?

Answer : The legislative powers are divided between the Union government and the State governments by the Constitution. They are divided into three lists- Union list, State list and Concurrent List.

How is power distributed in the Indian Constitution?

Indian Constitution provides for three lists for distribution of legislative and executive power between the Center and the States; i.e. the Concurrent List (subjects within the ambit of the Union Government & the State Governments).

Which is the Union list in the Indian Constitution?

Let us now go through the three lists enshrined under the 7th Schedule of the Constitution. The Union list contains 97 items which comprise of the subjects having national significance. This list admits uniform laws that are applicable over the entire Indian territory, and only the Indian Parliament is capable of legislating upon them.

Can a parliament legislate in the Indian Territory?

Such resolution empowers the Parliament to legislate with respect to any matter in the State List, then it shall be lawful for the Parliament to legislate. Such legislation can extend to the whole or any part of the Indian territory until the legislation operates.

How is the Union parliament empowered to legislate?

The Union Parliament is empowered to legislate with respect to any matter for any part of the Indian territory not included (in a State) notwithstanding such matter is enumerated in the State List.