States can pass resolutions against Central laws: Supreme Court

Context

The Supreme Court prima facie found no harm in State Legislative Assemblies, passing resolutions against Central laws.

SC’s take on the issue

• The court was hearing a PIL saying that states have no business passing resolutions against Central laws that come under the Union List of the Seventh Schedule of the Constitution.
• Supreme Court said that these resolutions are mere “opinions” of the majority members of a Legislative Assembly and do not have the force of law.

Seventh Schedule of the Constitution

• The 7th Schedule of the Indian Constitution deals with the division of powers between the Union government and State governments.
  • It is a part of 12 Schedules of the Indian Constitution.
  • The division of powers between Union and State is notified through three kinds of the list mentioned in the seventh schedule:
    • Union List, State List, and Concurrent List
• Some Important provisions regarding the lists
  • The dominance of Union List over State List is secured by the Constitution of India as in any conflict between the two or overlapping, the Union List prevails
  • On states’ resolution, the law made is only applicable to such states that passed a resolution. However, other states can too adopt it by, passing the same resolution.
  • The law made by the Parliament on States’ resolution can be amended or repealed by the Parliament only and not the states:
    • For the implementation of International Agreements
    • During President’s Rule
• While both Central and State Government can legislate on subjects mentioned under the Concurrent List, however, in case of any conflict, the law made by the Central Government prevails