GS Question

The resolution of contentious issues regarding the distribution of legislative powers by the courts has given rise to two important principles: the Principle of Federal Supremacy and the principle of Harmonious Construction.

1. Principle of Federal Supremacy: This principle reaffirms the supremacy of the federal government over state governments when there is a conflict between the two. In federal systems, such as the United States, India, or Australia, powers are divided between the central government and the state/provincial governments. However, conflicts may arise when both levels of government pass laws on the same subject matter, leading to a clash of jurisdictions. In such situations, the courts have consistently held that if a federal law and a state law are inconsistent or contradict each other, the federal law prevails or supersedes the state law. This is based on the constitutional design of federalism, where the central government has enumerated powers that are superior to those of the state governments.

2. Principle of Harmonious Construction: This principle seeks to reconcile conflicts between federal and state laws by interpreting them in a manner that gives effect to both, if possible. Instead of adopting an approach of outright invalidation or supremacy, courts attempt to harmoniously construe the conflicting laws to give effect to the intent of both levels of government. The principle of harmonious construction is employed when it is feasible to interpret laws in a way that avoids contradictions or conflicts. The courts strive to strike a balance between federal and state powers to prevent encroachment or undue interference by either level of government on the functions and jurisdiction of the other.

These principles aim to resolve conflicts that can arise between different levels of government in federal systems. While the principle of federal supremacy establishes a hierarchy where federal law prevails over state laws, the principle of harmonious construction attempts to reconcile and harmonize federal and state laws when possible. By striking this balance, the courts play a crucial role in maintaining the cooperative and coordinated functioning of federal systems, ensuring the unity and integrity of the nation while respecting the autonomy of the states.