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2003 Supreme(Gau) 115

I.A.ANSARI
Zakir Hussain – Appellant
Versus
State of Assam and Ors. – Respondent


Advocates Appeared:
A.K.Saikia, A.Choudhary, A.Barua, A.M.Majumdar, B.K.Mahajan, N.Dutta, S.Shyam, A.K.Sharma, P.Pathak, M.Bhagawati, K.N.Choudhary, G.Subramanium, B.Sharma, B.P.Todi, R.K.Pradhan

I.A. ANSARI, J.—

In a federal set up like ours, conflicts between Parliamentary and State enactments are not really uncommon. How to resolve such conflicts is also, by and large, well settled; but every time, such a conflict is brought before the Courts for resolution, the Courts undertake a massive exercise. This happens not because of any kind of inherent disinclination, on the part of the Courts, to readily resolve such a conflict, but to ensure that in order to resolve such a conflict, the Courts, while interpreting with an open, liberal and modern mindset, the provisions of the Constitution of India and the laws framed thereunder, remain steadfast to the basic structures of the Constitution and while interpreting the Constitution, howsoever liberally, maintain not only the letter but also spirit of the basic and fundamental concepts of the Constitution. The present Writ petition invites this Court to undertake such an arduous exercise. In order to ensure that the States are not denuded of their powers and the concept of federalism as envisaged by^ the Constitution is maintained, should this Court allow the age-old concept of parliamentary supremacy to gel diluted is one of the






























































































































































































































































































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