From the resolution of contentious issues regarding distribution of legislative powers by the courts, 'Principle of Federal Supremacy' and 'Harmonious Construction' have emerged. Explain.

The distribution of legislative power under the 7th Schedule is the most important aspect of the Indian Federal scheme. Despite the fact that subjects to legislate by the centre and state have been divided in three lists, there may arise conflict between centre and state regarding legislative capacity.

Few Instances where there is overlapping and confusion on legislation:

1. Animal Husbandry is in State list and prevention of cruelty is in concurrent list where centre and state both can make law creates confusion.

2. Centre passed Farm act as per Entry 33 of the Concurrent list while Trade and Agriculture is in Entry 14 and Agriculture and market is in Entry 28 of the State list.

3. Disaster Management act has been invoked by the Centre during pandemic, State is of the view that Public Health and Sanitation is under State List.

So, whenever the conflict arises on Jurisdictional Power of Centre and State the SC under Article 131, interprets the list by applying certain Principles like:

A. Doctrine of Harmonious construction

B. Doctrine of Federal Supremacy.

Doctrine of Harmonious Construction: The objective of harmonious construction is to avoid any confrontation between two enacting provisions of a statute and to construe the provisions in such a way so that they harmonise. The basis of this rule is that the Legislature never envisages to provide two conflicting provisions in a statute, for the reason that it amounts to self-contradiction.

Doctrine of Federal Supremacy: According to the principle of ‘federal supremacy’ even though both the Union and the States in India derive legislative powers from the same Constitution, the States would have no legal rights as against the overriding powers of the Union, because of a general theory of paramountcy or superiority of the Union. In the West Bengal case of 1963The Supreme Court held that both the legislative and executive power of the States are subject to the respective supreme powers of the Union.

The Federal disputes on power to legislate on different subjects needs to be minimised as Federal Polity has moved to the era of Cooperative and Competitive Federalism. 

EXTRA NOTES-

In the landmark case of CIT v. Hindustan Bulk Carriers (2003) the supreme court laid down 5 principles of rule of harmonious construction:

1. The courts must avoid a head-on clash of contradicting provisions.

2. The provision of one section cannot be used to defeat the provision contained in another unless the court, despite all its efforts, is unable to find a way to reconcile their differences.

3. When it is impossible to completely reconcile the differences in contradictory provisions, the courts must interpret them in such a way so that effect is given to both the provisions as much as possible.

4. courts must also keep in mind that interpretation that reduces one provision to useless number or death is not harmonious construction.

5. To harmonise is not to destroy any statutory provision or to render it fruitless.