24.03.’21, LAW NOTES:* *Conflict between Entries in different lists*

*24.03.’21, LAW NOTES:*

*Conflict between Entries in different lists*

2) In the case of a conflict between entries in List I and List II, the question is not of repugnancy but of competence, which has to be decided by the application of the principle of *“Pith and Substance”*.

The principle or Doctrine of Pith and Substance means that if an enactment substantially falls within the powers expressly conferred by the Constitution upon the legislature which enacted it, it cannot be held to be invalid merely because it incidentally encroaches on matters assigned to Parliament

*[AIR 1987 SC 182 (FB)]*
*A.P.S.W.I. Society vs. Labour Court*

*[(2008) 13 SCC 5]*
*State of Maharashtra vs. Bharat Shanti Lal Shah*

While upholding the constitutional validity of Section 13 to 16 of the Maharashtra Control of Organized Crime Act, 1999, the Honourable Supreme Court held that if the area and subject of the legislation in pith and substance falls within the purview of the State List and the Concurrent List, the incidental encroachment into any entry in the Union List will not make a law invalid and unconstitutional.

*(To be continued)*

K selvaraj advocate mhc