AIR 2012 SUPREME COURT 2375 ::2012 AIR SCW 3498 ::(2012) 2 WLC(SC)CVL 1 ::2012 (7) SCC 106 ::(2012) 5 Scale 266 ::AIR 2012 SC (Civil) 1827 ::2012 (4) MadLJ946 ::(2012) 2 Ker LT 639 ::2012 (2) Ker LJ 596

Supreme Court Of India

(From : Kerala)

Hon'ble Judge(s): S. H. Kapadia, D. K. Jain, Surinder Singh Nijjar, Ranjana Desai, Jagdish Singh Khehar , JJJ

(A) Constitution of India , Art.245, Art.246— Legislative power - Conferred by Art. 245 - Not by entries in lists given in Sch. 7 - Entries only demarcate legislative fields of respective Legislatures. (Para 16) (B) Constitution of India , Preamble, Art.246— Federalism - Principle of - Indicated by non-obstante clause in Art. 246 (1) and expression 'subject to' in Cls. (2), (3) of Art. 246. Article 246 (1) begins with a non-obstante clause "Notwithstanding anything in clauses (2) and (3)". These words indicate the principle of federal supremacy namely, in case of inevitable conflict between the Union and State powers, the Union powers, as enumerated in List I, shall prevail over the State powers, as enumerated in Lists II and III, and in case of overlapping between Lists III and II, the former shall prevail. However, the principle of federal supremacy in Article 246(1) cannot be resorted to unless there is an "irreconcilable" conflict between the entries in Union and State Lists. The said conflict has to be a "real" conflict. The non-obstante clause in Article 246(1) operates only if reconciliation is impossible. The expression "subject to" in clauses (2) and (3) of Article 246 denotes supremacy of Parliament.(Para 16) ....