THE DOCTRINE OF OCCUPIED FIELD

THE DOCTRINE OF OCCUPIED FIELD

Author:- Kritika prajapati , a Student of BM LAW college Jodhpur, Rajasthan

Introduction 

We all are aware about this fact , that the cadres of the Indian Constitution , while deciding the structure, they adopt the federal  structure of the Indian constitution .The cadres were very  enthusiastic about the federal structure of the Indian Constitution  because,  the government of India Act 1935 furnished the federal structure along with the distribution of legislative subjects under the three list i,e the  union list , the state list and the concurrent list & because the federal structure had a great success in the USA constitution.. 

According to the List 1sth of the seventh schedule, the   union has exclusive power to make laws relating any of the subject matter which enumerated , according to  the List III of the seventh schedule the state has the exclusive power of law making with respect to any matter which is enumerated in. And List II of the seventh schedule empowers both the central and the state legislature to make law upon certain subjects given in it. 

Hence, The subject on which the state legislature can make a law is different from the law making power of parliament & the state and the central government never make a law beyond it's constitution.

Doctrine of Occupied Field  

If a central law already exists on the particular subject matter even if the state government made a law on same, in such a situation which law is prevail, Doctrine of occupied field is applied.

 Which means, when the central legislature makes a law on a particular subject, it means they occupies the field than the state legislature have  no power to enact any law on that field, in the event of doing so the state   legislature   would, to that extent, became unconstitutional. 

 The issue mainly arises in the concurrent list, where the union & the state both has empowered     to enact laws. 

Article 254 of Indian Constitution states that, if there is any inconsistency between the law made by parliament and the laws made by the   state legislatures.

The parliament is competent to enact a law, subject to the concurrent list or the state legislature is also competent to enact law on same subject matter, or if there is any inconsistency, the law of the parliament will prevail . The law made by parliament, whether  it is passed before or after the law made by state legislature , parliament law will prevail or law made by the state legislature becomes void.

The law made by state legislature on the subject matter enumerated in concurrent list with the assent of the President or if the parliament is also enact a law on same, the law of state legislature will prevail. 

Case Laws 

• Curious Case Of State Of Kerala V. Mar Appraem Kuri Co. Ltd. & Anr

The court held, even though the Central Chit Fund Act was not brought in force is the State of Kerala, it is still a law made which is alive as exiting law. 

• Hoechst Pharmaceuticals Ltd. V. State Of Bihar & Ors.

 The doctrine of occupied sphere means that when the Union or the Central Legislature makes a law on a particular subject and thus controls an area or a particular subject, the state legislatures have no power to legislate in that area or subject. thing If they did, the state law would become unconstitutional to that extent.

• Zaverbhai Amaidas Vs.  State Of Bombay

The Supreme Court observed that both   laws cover the same field and cannot be divided. State laws were therefore held to be void and the central law prevailed under the doctrine of repugnance.