16.03.2021: “*LAW NOTES*” *JUDICIAL REVIEW AND GENERAL PRINCIPLES FOR INTERPRETATION OF THE ENTRIES IN THE 7TH SCHEDULE*
[3/16, 06:26] Sekarreporter1: ☘️
[3/16, 06:32] Sekarreporter1: 16.03.2021: “*LAW NOTES*”
*JUDICIAL REVIEW AND GENERAL PRINCIPLES FOR INTERPRETATION OF THE ENTRIES IN THE 7TH SCHEDULE*
Intro:
I humbly request the new entrants in the Law profession to study and master the following general principles for interpretation of the entries in the 7th Schedule, in order to enable yourselves to challenge any enactment on the Ground of Legislative Competence.
1) The various entries in the 3 lists (Union, State & Concurrent) are not Powers of Legislation but “Fields of Legislation”. The power to legislate is given by Article 246 and other Articles of the Constitution.
[(2002) 8 SCC 481]
TMA Pai Foundation Vs. St. of Karnataka
[(2004) 10 SCC 201]
St. of W. Bengal Vs. Kesoram Industries Ltd.
(To be continued)
K selvaraj author mhc advocate
