What happens if the union parliament and the state legislature make a law on the same subject?
Under Article 251, if the Parliament has made law on a state subject under Article 249 or 250 and the State legislature makes a law on the same subject, then the State law would be subject to the doctrine of repugnancy. The third instance is enumerated under Article 252.
Can Parliament make laws on state subject?
(1) Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State.
On which of the following subject both union and state government can make law?
Answer: The 7th Schedule of the Indian Constitution specifies the division of powers between Union and State. However, Parliament can also make laws but in such cases, as specified in the Constitution.
What happens when there is a conflict between a central law and state law?
In case of a conflict between the Central law and the state law on a subject enumerated in the Concurrent List, the Central law prevails over the state law. If the state law has been reserved for the consideration of the president and has received his assent, then the state law prevails in that state.
Can states reject a bill?
Under this, the compact theory, the states and not the federal courts are the ultimate interpreters of the extent of the federal government’s power. Under this theory, the states therefore may reject, or nullify, federal laws that the states believe are beyond the federal government’s constitutional powers.
Which court settles disputes between states?
the Supreme Court
Who will resolve the disputes between state and central government?
The Supreme court
Who rules on cases between states?
Article III of the Constitution extends the judicial power to “Controversies between two or more States, between a State and Citizens of another State . . ., and between a State . . . and foreign States, Citizens or Subjects,” and provides that the Supreme Court shall have original jurisdiction in cases where a state …
Who can bring a case to ICJ?
Article 35, paragraph 1, of the Statute provides that the Court shall be open to the States parties to the Statute, and Article 93, paragraph 1, of the Charter of the United Nations provides that all Members of the United Nations are ipso facto parties to the Statute.
What is a rule of court?
RULE OF COURT. An order made by a court having competent jurisdiction. Rules of court are either general or special; the former are the laws by which the practice of the court is governed; the latter are special orders made in particular cases. …
Why the ICJ is ineffective?
Its malcontents criticize the Court as an ineffective player in achieving international peace and security, largely because of its perceived inability to control state behaviour. Scholars have long blamed this on the ICJ’s ‘flawed’ jurisdictional architecture, which is based entirely on consent.
Can ICJ overrule Supreme Court?
No, it is not possible to challenge the verdict of the Supreme Court (SC) in the International Court of Justice (ICJ). There are only two options by which the verdict of SC can be challenged, that to before the SC itself: (1) review petition; and (2) curative petition.
Can a Supreme Court decision be challenged?
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court.
What is Article 38 ICJ?
According to Article 38, the ICJ is required to apply, among other things, international conventions (that are expressly recognized by the contesting states), international custom, (as evidence of a general practice accepted as law), general principles of law, judicial decisions, and juristic writings as means for the …
What is the difference between ICJ and ICC?
What is the difference between the ICC and the International Court of Justice and other international criminal tribunals? The International Court of Justice (ICJ) is a civil court that hears disputes between countries. The ICC is a criminal court that prosecutes individuals.
Is ICC decision binding?
It’s jurisdiction becomes binding even when neither the State in whose territory crimes have been committed nor the State of nationality of the accused is a party. In those instances, the International Criminal Court, through investigation and prosecution, helps the Security Council in maintaining peace.