Overview and Constitutional Basis:
The Doctrine of Occupied Field is derived from the principle of federal supremacy under the Constitution of India. It is based on Article 246 and Schedule VII, which divide legislative powers between the Union List, State List, and Concurrent List. This doctrine applies when both Parliament and a State Legislature have the power to legislate on the same subject matter (usually within the Concurrent List). When Parliament has already made a law covering a particular field, the State Legislature is barred from making another law inconsistent with it. The rationale is to prevent legislative overlap and conflict between the Centre and the States, ensuring smooth governance and maintaining the unity and supremacy of parliamentary law in areas of concurrent jurisdiction.
Legal Provisions and Interpretation:
Under Article 246(1), Parliament has exclusive power to make laws on matters in the Union List, while Article 246(3) gives States exclusive power over matters in the State List. However, Article 246(2) allows both Parliament and State Legislatures to make laws on subjects in the Concurrent List. The Doctrine of Occupied Field arises when Parliament has “occupied the field” through comprehensive legislation on a concurrent subject, leaving no room for the State to enact inconsistent laws. If a State law conflicts with a Central law, Article 254(1) renders the State law void to the extent of repugnancy. However, under Article 254(2), if a State law on a concurrent subject receives the President’s assent, it can prevail within that State, unless Parliament later overrides it.
Significance and Constitutional Role:
The doctrine ensures cooperative federalism while maintaining constitutional harmony. It prevents duplication and inconsistency in legislation, ensuring that once Parliament has legislated comprehensively on a subject, States do not create conflicting provisions. This promotes national uniformity in important areas such as criminal law, education, and labor legislation. At the same time, the Constitution provides flexibility by allowing State laws to prevail with Presidential assent under Article 254(2). Thus, the doctrine balances central authority with state autonomy, maintaining India’s quasi-federal structure while ensuring the supremacy of the Union in case of legislative conflict.
Real-Time Example:
A leading case is M. Karunanidhi v. Union of India (1979), where the Supreme Court elaborated on the Doctrine of Occupied Field. The Court held that repugnancy arises only when both Central and State laws cover the same matter and there is an actual conflict making them impossible to coexist. In this case, the State law on corruption was not repugnant to the Central Prevention of Corruption Act because both could operate harmoniously. Another example is State of Orissa v. M.A. Tulloch & Co. (1964), where the Supreme Court struck down a State law on mining since the Central law had already occupied the field under the Mines and Minerals (Regulation and Development) Act, 1957.
Mnemonic to Remember:
Mnemonic: “CARP – Conflict, Article 254, Repugnancy, Parliament Prevails”
- C = Conflict arises between Central and State laws
- A = Article 254 governs repugnancy
- R = Repugnancy makes State law void to the extent of conflict
- P = Parliament’s law prevails unless State law has Presidential assent
This mnemonic “CARP” helps recall the essence of the Doctrine of Occupied Field — that when conflict arises on concurrent matters, Parliament prevails, ensuring unity in legislative policy.
About lawgnan:
Explore the Doctrine of Occupied Field under Articles 246 and 254 of the Indian Constitution on Lawgnan.in. Understand how this doctrine maintains legislative harmony between the Union and State laws within the Concurrent List by resolving conflicts through the principle of Parliamentary supremacy. Learn from landmark cases like M. Karunanidhi v. Union of India and State of Orissa v. M.A. Tulloch & Co., and master key concepts with mnemonics like CARP (Conflict, Article 254, Repugnancy, Parliament Prevails). Lawgnan offers clear, exam-focused insights into federal principles and constitutional balance for law students and aspirants.
